The Anaconda standard., 1899-10-14
ANACONDA news,
BENSON PLEADS GUILTY
And Is Sentenced to Ten Years
for Manslaughter.
FEARED TO STAND TRIAL
Result in the Dotson Case Caused a
Change of Plans - Dotsons Iron
Nerve Shaken-He Breaks
Down Completely.

There was a sudden shifting of plans
and as a result the expected, long
dragged-out trials that were to occupy
the court this week and next are Off.
BY consent of the state, Charles Oliver
Benson, the second of the two defend
ants, was allowed yesterday morning
to plead guilty to manslaughter and
promptly was sentenced to the extreme
penalty for that crime-10 years in the
state prison at Deer Lodge. Under
Sheriff Morgan took him to the peni-
tentiary yesterday afternoon and the
young man is now serving the second
day of his sentence.
All this was the result of the verdict
which found Clinton Dotson, the first of
the three defendants guilty of murder
in the second degree.
Attorneys Walsh and James, who had
been appointed to defend Benson, were
quite willing to advise their client to
plead guilty to manslaughter. The case.
despite the partial confession of the de-
fendant, would have been a more diff
cult one to prove under the information
than was the Dotson case. By the plead,
ing of the defendant the county is saved
a cost bill that doubtless would have
amounted to $4,000 or $500.
"Manslaughter,' says the statute, "is
the unlawful killing of human being
without malice. 1t is of two kinds: Cd
heat of passion; (2) involuntary, in the
commission of an unlawful act, not
amounting to felony: or in an unlawful
manner or without due caution Or cir-
Cumspection.'
OF course, none of this exactly covers
the case, but it was thought better to
make sure of the defendant being pun
ished than to run the risk of his going
free. His story was that he remained
in the brush with the wagon while Per
singer and Dotson went off to rob the
old man, and it is believed his state
ment is true. He would be accomplice
to both the crimes of robbery and mur-
der, but the murder, despite the verdict
OF the Dotson jury. would be legally
murder in the first degree.
The third case, that in which Ellis
Persinger is the defendant was set over
until Tuesday, Nov. 21. as the court has
to be in Philipsburg Monday to open
court there for Granite county. Court
will sit here to-day and then will ad-
Journ not to meet here again until Nov.
13. The jury called on the special venire
in the Benson case was discharged for
the term.
Dotson was sentenced yesterday at
p. m. and will go to the penitentiary to-
day. He wants new trial. but his at
torneys have advised him he should be
satisfied with what he got. He has
broken down at last under the terrible
strain of the last eight days and when
he appeared in court to be sentenced he
was changed man. The GOODNESS and
steady eyes which have characterized
his appearance during the trial were
gone. He was a broken man.
When DOtSOn left tbp ro1rt room,
Thursday night, after the verdict find
ing him guilty and fixing his sentence
at SO years had been rendered he was
still the iron-nerved Dotson of the trial
In the Jail to the 30 or more prisoners
who crowded about him he maintained
his calm demeanor.
II am a lucky man." said he to them
in telling of the verdict
But yesterday morning the change
was apparent in him. Bloodshot eyes
and haggard features, the grayness of
his face intensified. told of sleepless
night. Then to him came the news that
Benson had got off with 10 years. 1t
was about this time he began to talk to
his fellow prisoners of trying for a new
trial
Finally his white-haired father came
70 see him and his nerve gave way.
The meeting in Jail between father and
son was a dramatic one. Dotson was
talking that his throat choked and for
several minutes he was unable to say a
word.
Il would rather they had hanged me
than give me life said he at last, in
husky tones
Not that said the father. Bear
up; live in hope, I will begin at once
to do all I can for you"
Then they talked of family matters
When they mentioned the convicted
mans wife and nine children, now prac-
lcally destitute at Whitewood, S. D.,
Dotson's emotions again overcome him.
Finally they parted and in the after
noon the old man left for his home at
Washington gulch.
when Dotson appeared in the court
room to be sentenced at o'clock evil
dences of his breaking down were ap-
parent IN his face, in the drawn fea-
james Reed Injured