The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-12

| seen q wagon covered by a canvas top
in which was black patch pass along
| the road, heading west from Helena
and toward Washington gulch. One
man was sitting in the wagon, while
| two men walked behind it, one, the
| younger, about so feet behind it, and
| the other so feet. He could not swear
| the defendant was one Of the three
men. The witness, at the time, was
| driving load of hay on the same road
and passed the outfit.
| On cross-examination Riley said
| many wagons passed his house.
! Ash Pierce, a jeweler and watchma-
ker, employed at Hammersioughs who
had measured the bullet taken from
Cullinane's body, was called. but had
| forgotten the exact measurement of the
| bullet, SO was excused.
! And then, at Ills a. M, the state
| sprung it's surprise. having decided to
| cut out the testimony Of FIVE or six
| witnesses. and announced it closed.
Attorney Trippet, addressing the
| court, said: This action on the part
| of the state is rather a surprise to US,
and we are hardly prepared to go on.
We would ask an adjournment to
| o'clock
This was granted. Then the de-
Tense recollected that the penitentiary
guard, Wilson, subpoenaed by the
state, but not used, and NOW desired
Attorney Trippet accordingly asked
| that the court allow Wilson'S testi-
mony to be taken at this time.
Attorney Duffy objected to the irres-
ular procedure and the court insisted
upon immediate adjournment.
Afternoon Session.
At the opening of court at 2 O'Clock
Prosecuting Attorney Duffy said:
We desire at this time to ask that
there be stricken from the record the
testimony Of Deputy Sheriff Chapman
Of Gallatin county in reference to what
Persinger told him, in the absence Of
the defendant. at or near Central Park.
| for the reason that I have some doubt
as to the admissibility Of such evil
| dence.'
| I'VE object" said Mr.. Trippet, "to
the attempt to fix up the record in this
| manner"
| The objection was sustained. although
| Mr.. Duffy offered to cite decisions to
show the correction would be perfectly
| legal.
You may now make your opening
| statement to the jury" said Judge Nap
| ton.
We have no statement to make re-
| piled the counsel for the defense. He
then called as his first witness for the
| defense John l.. Wilson, guard at the
| Deer Lodge penitentiary. Il knew the
defendant said the witness, 'ahout
| 1888. first In Cheyenne, where he was
| in the cattle business, / believe. The
| following year l knew him in Dead
wood, S. D., where he had the contract
| for the poor house"
What was his reputation for peace
and quietude?'
The witness said it was good SO far
| as he knew.
Frank Locke, who came to Anaconda
six weeks ago from Deadwood, was
called as another character witness. He
said he had known Dotson in Dead
wood for IL years and had never heard
his reputation for peace and auietude
questioned. although he had heard the
subject discussed. He had not seen
the defendant for four years until he
saw him last Sunday in the jail. He
was sharply cross -eXamined by Mi.
Duffy on the question of character, but
persisted that Dotson had borne good
reputation.
Then John Mulholland. the old man
who for the last four or five years lived
in the cabin with Gullinane. was sworn
He told of returning to the cabin on
the Tuesday and discovering the alb
sence Of Cullinane. The following day
he had gone back again and again
found Cullinane gone. He went thence
to the stable where the horse was. Con-
trary to the other witnesses, he said the
horse was not very thirsty He ex-
amined the cabin, found the window
open and also found a rifle and a shot
gun kept on the wall of the cabins in
terror had been taken down and thrown
on the bed.
Father of the Prisoner.
Then the defense called old Captain
Dotson, whose gentle manner, deliber
ate utterance and dignified method of
~ hi al inc
made favorable impression.
"Some time about July Is or Is my
son Clinton. who had just come out
from the Black Hills, and 7 went UP
past Eugene Cullinanes cabin in Amer
lean gulch for the purpose of getting
out poles to be used in ground sluices
for placer mining. We got out poles two
or three inches in diameter and 16 feet
long. We got them from $50 to 800 feet
above the American gulch ditch on both
sides Of the ditch. We cut down about
80 of them that day. Later my son
went after poles twice. but I did not
accompany him. Yes, there was more
or less travel on both sides of the gulcn,
but not a great many people go up
there"
On cross-examination the witness
said the poles We're cut from quarter
to- half mile up the sulch above
Cullinane's cabin. They did not stop
at the cabin. Il never went to Guilt
Names cabin with my son, but went
past there" said the witness
Ed Cachelin of Washington sulch.
son-in-law Of the last witness and
brother-in-law of the defendant, who
was one Of the men first arrested on
suspicion and subsequently discharged.
came next.
L came to Washington gulch from
south Dakota about the middle of June
at the instance of my father-in-law to
assist him in mining. I came by rail
The defendant came there by wagon,
arriving in June or July. Soon after
Clinton Dotson's arrival he and ! went
up American gulch together to get
lead of timber that he and his father
had cut. ! went first with him to Chad
wick's, where I introduced him to Chad
wick and we borrowed q wagon to haul
the timber. Other loads were ha uled
but not from American gulch. The load
we took from American eulch was from