The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-12
ANACONDA NEWS.
ALL EVIDENCE PRESENTED

Continued from Pags one3
the middle of July and leaving there
July 80 with Benson in the spring
wagon looking for work. Aug. the
witness had received postal from his
son. mailed at Helena. Captain Dot
son stated on cross examination that
his son was a married man, and has
nine children, the Oldest of whom is
IA or Is years of age.
John Goff, the 14-year-old son of the
last witness who testified the day be-
fore, was not a strong witness for the
state. He corroborated the testimony
of his father as to the presence of the
canvas covered wagon in front of his
fathers place two and one-half miles
from Helena from July 81 to Aug. 5,
when it disappeared. He said it reap
peared Aug. 10. He gave an accurate
description of the wagon, but on cross
examinati ton he admitted much Of the
data for the description from view
of the wagon in the Jail yard. The
chief characteristics, however, the
canvas cover with black patch and
the wobbly hind Wheel he was sure
OF, On direct examination he said there
were three men with the wagon when
near his fathers place and that on the
second visit Oliver Benson was with
the outfit. On cross-examination he
said that he wasn't sure three men
had been with the outfit and that he
only knew Oliver Benson was with
1t because he had been told so.
George Kessnser, farmer, whose
place is near the ranch Of Eugene
Cullinane, proved one Of the important
witnesses Of the day. He described the
condition of the body when found, he
being one of those who were present
when it was discovered. He also de-
scribed the surroundings, the marks
showing where the body had been drag
ged for go feet to the point of burial,
the marks Of the struggle in the long
native grass and the foot prints. one
set made by pointed shoes and one
set made by broad soled shoes. The
shoes taken from Benson and Dotson
were shown him. He said they would
make such tracks as those found in the
one soft. sandy place near where the
body was found
Then he was taken over a descrp
tion of the roads in the vicinity. The
road from American gulch on to
Blackfoot City leads through my place
and through my door yard: On Aug.
6 or Z it started in to rain slightly.
enough to wet the ground and make
tracks"
n1 .~s. Jury Gets Interested.
The jury at this point began to lis
ten with even more profound attention
than usual. Every man Of the IL
leaned forward eagerly.
Tuesday Aug. 8. the road supervis-
or was at work on the road, in front
of my place. That day no one passed
over the road except the butcher and
Mr.. Glover from Blackfoot City. The
supervisor quit work at 6 p. m. On
the morning of the 9Th l examined the
road and found that tracks had been
made leading through our door yard
and on up the hill. The track was
laid by light wagon and indicated
that one of the hind wheels OF the
wagon wobbled and cut in and out.
I traced the track on to the head of
CIarkes canyon, following it a1togeth-
Helena
After cross-eXamination, which re-
suited in nothing new being devel-
oped, the defense, by consent Of Pros
ecuting Attorney Duffy, made Kes-
singer their witness for the. purpose of
impeaching the testimony of the wit
ness John Chadwick.
How long have you known Chad
Wick?' was asked.
About II years.
Are you acquainted with his gen.
eral reputation for truth and veracity
in the vicinity?'
Here the witness was puzzled. After
the question had been put in several
different forms the witness said he
could not testify as to that.
Noel Dumaine, who was working on
Hope creek, just west of Blossburg,
in August, at a point about % or 80
miles east of American gulch, test-
fed that on Friday or Saturday, Aug.
4 or 5, he could not remember which
but thought Saturday, he had seen a
light bay team, drawing a light spring
wagon, with two men on the seat, pass
along the road from Helena, going
in the direction of Washington gulch.
Four or five days later he saw the
same outfit going back toward Helena.
The wagon, he said, was without
cover. He had not examined the wheel
tracks. $50
The weak point in this testimony was
the fact that the wagon he had seen
had been without cover. 1t was seiz-
ed upon by the defense on cross-ex-
animation wherein Dumaine was asked
whether or not he had seen the wagon
now in the jail yard. He said he had
rs it not a fact that the bows for
the cover of it are permanently fixed
n the wagon?' was asked.
yes"
On redirect examination the witness
said he thought the bows could be re-
moved.
Better testimony for the state was
given by Patrick Riley, a farmer who
lives just east OF the Mullan tunnel
on the old Mullan road about IS miles
west of Helena. He testified that early
In August Che said he thought about
the 9th, which manifestly would be i'm
james Reed Iniure1