The Anaconda standard., 1899-10-14

meanor. 1t was not the same cool
steady prisoner who had faced accuse
ton, damning evidence and all the ter
rors of trial for eight days. He ha,
shaved himself for the occasion but hi
nervousness in so doing was appares
in cut on the jaw. The white linei
he had Worn during the trial had givel
place to rough flannel shirt, with Il,
! tie.
Few We're in the court room to SEE
him. He sat between his counsel, judge
| Trippet and j. NJ. Self. while at tht
table opposite sat Prosecuting Attorney
Duffy.
Stand up" said Judge Napton, an6
Dotson arose.
Have you anything to say why SEN
tence should not be pronounced upon
you?" asked the judge.
son huskily.
Then came the few words of the SEN
tence ordering the prisoner to be incar-
cerated in the state penitentiary "at
hard labor for SO years"
Dotson sat down and court adjourn
ed. Attorney Self began talking to his
client and presently the tears began to
stream from the prisoners eyes. They
were talking of the prisoners family.
| He furtively wiped away the tears with
a bandana handkerchief. When the
! conversation was concluded he arose to
accompany Deputy Sheriff Joe Daily to
| the Jail.
A Standard reporter asked him as he
moved toward the door if he had any,
| thing to say about the case.
Not now said Dotson. ;
Would you like to later?"
Perhaps I WILL" he replied in a
choked voice.
wiped tears from his eyes. About 5
o'clock Standard reporter was admit
ted to the Jail to see him. Dotson was
pacing up and down the long, crowded
cage. chewing tobacco and thinking
deeply. The reporter had to call him
twice before he could be aroused from
his brown study.
No" said he sadly in reply to a
question. Il don't think there is any
thing I want to say just now about the
case. think 1 had better not
"Whl you endeavor to get a new
trial?"
Il have pleaded with my attorneys
to do So" was all he would say.
Sheriff Conley will take Dotson to the
penitentiary to-day.
The fate that has overcome Dotson
and Benson has had depressing effect
on Persinger, the big. good looking,
happy -go-lucky Missourian who is the
third defendant in the case. Persinger,
like the other defendants, apparently
gravity of his position. Among all
three there has been abiding confidence
that they would get out. Persinger, of
all the trio. least resembles criminal,
although there is dash of recklessness
in his disposition. In the Jail he has
been good natured, happy and always
willing to joke and laugh with the
other prisoners. But yesterday after
noon he was depressed and silent. /
Persinger has a wife and three chill
dren living at McFall, Mo. His father
also lives there and has been in cor
respondence with his son since the ar
rest and once sent him $40. The old
gentleman had intended to come here
for the trial, but Persinger's attorneys
advised him in view of the probability,
of a continuance not to come. He may
be here in November. Inquiries into
Persinger's past record in Missouri
show that he was a happy-go-lucky
sort of fellow there. He drank little,
but it is not known that he drank to-
excess. Gambling was his chief vice. !
He drifted west from Missouri and
little is known of his movements. His
own stories dot altogether bear the i'm
press of truth. He says he worked for
timei on a cattle ranch in Wyoming.
|; This may be true, for he walks like a
man who had been a cowboy or much
in the saddle.
At 9 O'Clock yesterday morning court
opened and young Charles Oliver Ben
son was brought in. A considerable
crowd was in attendance, prominent in
the audience being old Captain Dotson,
Benson's grandfather. When court had
been convened Prosecuting Attorney
Duffy addressed the court asking that
Benson be allowed to plead guilty to
manslaughter. In the course of his re-
marks he said:
The testimony in Bensons confess
sion together with the testimony in the
Dotson case, only shows that if Ben
son is guilty of any crime it as princi
pal in the crime of robbing Eugene Cul-
linane. That testimony would show
conspiracy between him and the other
defendants to commit the specific crime
of robbng Cullinane and would fall
short of showing that he conspired
with the other defendants to kill Cull-
name. Therefore l would be willing to
accept the plea of guilty of man
slaughter. Technically speaking, he
could not be convicted of any crime in
the information but could be convicted
of an attempt to commit robbery, and
while that crime is not included in the
information, still, as his attorneys are
willing that he shall plead guilty to the
charge Of granddaughter and save the
costs of prosecuting him under new
information charging him with robbery.
| recommend that his plea be accept
ed"
The court signified his Willingness to
accept the plea, which Benson, WaiVinS
the statutory time, made at once. At
torney Walsh. of counsel for the de-
fense, asked the court to be lenient on
the young man, who is just y years of
age.
Benson then stood up and received
his sentence of 10 years at hard labor in
the penitentiary He was neatly attired