The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-13

ANACONDA NEWS.
VERDICT IS COMPROMISE
Clinton Dotson Found Guilty of
Murder in Second Degree.
HIS NECK is SAVED
Jury Out About Two Hours-Four We're
for Murder in the First Degree.
Trial OF Benson Be-
gins To-Day. -

Clinton Dotson, guilty of murder in the
second degree, and fix his punishment
at Imprisonment in the state prison for
SO years"
That is the verdict which concludes
the trial of Clinton Dotson for the MUIR
der Of Eugene Cullinane. The case was
given to the jury at sis o'clock last
evening. Returning to the jury room
the jury discussed the case, took three
ballots and went to dinner. Return
ing, ballot was taken, resulting in the
above verdict, and at 1880 O'Clock this
was delivered in the court room. The
only attorney present was j. NJ Self
of counsel for the defense. A few spec
tators were there.
Dotson's face failed to reflect the
slightest emotion when the verdict was
announced. His lawyers, while saying
nothing apparently, are elated over
their success in their efforts to save the
neck of their client.
The verdict is regarded as Of the
Scotch variety. The statutes provide
that in cases where killing is done in
the preparation of a robbery it is MUIR
der in the first degree, which. under the
laws of this state, is punishable only
by death. The jury was SO instructed
The fact of the robbery in the murder
of Eugene Cullnane was the chief evil
dence in proving the murder. Despite
this and despite the fact that Prosecut-
ing Attorney Duffy had asked a verdict
of murder in the first degree or of ac-
quittal, the second degree verdict was
rendered.
A juror said last evening in explana-
ton: 1T was compromise verdict: a
i sort of a guilty, but not proven ver-
dict Four of us We're in favor of MUIR
der in the first degree, but while all
the jurors believed the defendant guilty
there yet existed such a doubt, because
of the evidence being only circumstan-
tial as to make them 10th to hang the
man. When we had taken three bal
lots we saw the eight We're determined
not to assent to a first degree verdict
so we compromised on the verdict rem
dered' Isl.
The foreman of the jury was L. Scott
of Deer Lodge. When examined as to
his qualifications as a juror. he said
he did not read the papers and knew
nothing of the case. The other jurors
and the substance of their testimony
when examined as to their qualifica-
tions al the beginning of the trial were
as follows. +G
Andrew Peterson of Warm Springs
farmer. Had read of the case inFthe
Standard, butiwak anot influenced.
Luke Talbot of Stuart, farmer. Took
the Standard for his family. but did
IL.
nothing of the case.
William Dengler, ST.. of Anaconda
miner. Had heard of the case, but not
read of it.
Frank Christofferson of Deer Lodge,
farmer Had read of the case in one
article in the Silver State. Confessed to
having formed an opinion, but declared
he could try the case impartially. Was
challenged for cause once by the de-
Tense, but the challenge was overruled
and the defense decided not to use a
peremptory on him.
Albert r. Kleist of Anaconda, dray-
man. Did not read the papers: knew
nothing of the case.
Fred Zimmerman of Anaconda.
butcher. Had never heard or read of
the case. Hadn't time to read the pa
pers; never read them.
John Sanders of Gable, farmer.
Hadn't heard of the case in any man
ner
A. E. Schwend of Anaconda. Did not
read the papers; had read or heard
nothing Of the case: had no opinion.
j. N. Emmons of Carroll. farmer
Had some objection to capital punish
ment. believing that men frequently
ever. if he were satisfied of the guilt of
defendant he would have no objection
to hanging him.
Henry Williams of Anaconda. me-
chanical engineer. Had. heard of the
case, but not read of it.
James McGrady of Anaconda, laborer.
Had read of the case. but nothing that
purported to be testimony - .
All day was devoted to argument in
the case. Deputy Prosecuting Attorney
Casey for the state and Attorney ]. NJ,
Self for the defense occupied the morn
and Prosecuting Attorney Duffy for the
state the afternoon. The last two each
spoke one and one-half hours. These
two speeches were pronounced among
the ablest ever heard in Deer Lodge
county. Judge Trippet made power
full plea, pointing out the weak links
in the states chain of ctreumS tanta1
evidence, dilatipg upon the weakness of
all circumstantial evidence and relat-
ing story after story of the fatal mis-
takes made by juries in rendering YER
diets infiicting the death penalty on cir
cumstantial evidence.
Mr.. Self had told a number of similar
stories in the morning 1t is thought
these had more or less influence on some
of the jury.
Prosecuting Attorney Duffys sum-
ming up was masterful effort de-
livered with some oratorical display.
but not impassioned. Every point of
the evidence was touched unon.
During the entire day an unusually
large crowd of spectators was present.
but the least interested man in the
court room, in appearance, was Dot
son.
Judge Napton's charge to the Jury
was of some length. He gave many of
the charges submitted by the defens
and the charge, on the whole, seemed
to be in favor of the defendant more
than of the state, IS such charges usu-
ally are in similar cases.
1t was impossible to take up the Ben
son case at o'clock. tie hour fixed the
day before. At o'clock many of the
jurors summoned on the special venire
in the Benson case appeared. They
were excused to o'clock and excluded
from the court room, a deputy sheriff
being stationed at the door to keep
them out. AT 4 o'clock they again We're
excused, this time to $50 a. m. to-day,
when the Benson trial will begin.
Difficulty in securing a jury is antici-
pated.
Argument in the Case.