The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-12
Both State and Defense in the
Clinton Dotson Murder
Case Have Closed.
COUNSEL TO ARGUE TODAY
Defendant Claims an Abb, but No Evil
idence offered in Support OF His
Claim-Defense Depending on Weak
ness OF the States Cass-Another
Anaconda Court.

All tle eNlQeNCe mas Deen presented
in the Clinton Dotson murder case.
which has been on trial since last
Thursday in the district court at Ana
conda. To-day the arguments of coun-
sci will be presented. beginning at $3.50
O'Clock, and then the case will go to
the jury. The trial OF Charles Oliver
Benson, the second of the three men
charged with the killing of Eugene Cui-
linane, is set to begin at 2 o'clock. The
special venire Of 100 jurors in that case
is returnable at that hour, but in all
probability the case will have to go
over.
1t was day Of sensations in the
Dotson trial yesterday: a day wearing
alike on the counsel the jury, the law
yers and the judge, and even to slight
extent on Dotson himself, who was
placed on the stand in his own defense.
He was subjected to a long, rapid.
searching croR-eXamination by Prose
cutting Attorney Duffy, skillful cross
examination calculated to break down
any one who was guilty or not possessed
of wonderful nerve. 1t failed to shake
the calm and cool demeanor Of the de-
fendant in the slightest degree, al
though it must have damaged the de-
fendant in the eyes Of the jurors If they
saw as the ordinary spectators saw
The state closed earlier than was ex-
pected yesterday So did the defense
They left a score or more witnesses
who had been in attendance since the
trial began, uneXamined. The evidence
introduced by the state yesterday was
not so important as that which had
preceded it. 1t was merely corrobora-
tive of the earlier evidence
The exact theory Of the defense is
not yet apparent. Dotsons own testi-
mony would indicate that 1T is an a1ibi,
but in all the direct testimony present
ed by the defense on direct examina-
ton. as well as the facts brought out
in the cross-eXamination Of the states
witnesses, there is nothing SO far to
prove that alibi save the word of Dot
son. He declared in his examination
yesterday that he remained in and
about Helena from July 81 to Aug II.
and was not near Washington gulch
when tho murder Was committed Aug.
i. The peculiar wagon in which ila
travelled and which the state had traced,
in a measure, back from Helena To
the gulch ana thence again to Helena,
he swore did not leave Helena in all
that time, but remained there, part OF
the time in a wagon shop. Still the
defense offered no testimony to prove
this.
Several character witnesses testified
for the defense swearing that Dotson
heretofore had possessed a good repu-
tation in Wyoming and South Dakota.
1t must be that the defense is depend
ing to great extent on the weakness
of the states case. The most pro-
nounced advocate Of the theory Of the
prosecution must admit there are gaps
In the states chain OF evidence. AL
though it has been shown that Dotson's
statements as to the damning watch
found in his bedtick and known to
have been stolen from Cullnane's body
have varied. it has not been proven
that Dotson had knowledge of the
watch being there. In fact the theory
Of the defense that q hand other than
Dotsons put it there has not been
proven false, nor has the states theory
that Dotson put it there been estab-
lished.
Further. while convincing evidence
though circumstantial-has been pre-
sented by the state, showing that Dot
sons wagon made the trip from Helena
to Washington gulch at the time he
says it did not y has not been proven
that Dotson was with the rig.
Much depends upon whether or not
the jury believes the testimony of John
Chadwick that Dotson proposed to him
the robbery of Cullinane. Dotson yes
terday swore positively he had never
talked to Chadwick in regard to Culli-
name and had never made the PROPOSE
ton to rob the old man. ChadwiclS's
testimony was circumstantial. If the
jury believes Chadwick told the truth
the evidence will weigh heavily against
the defendant. Taken in connection
with the finding of the watch. it is -
strong circumstance indicating guilt.
The finding of the watch and the evil
dence Of Chadwick Were the two chief
things in the states case.
A feature of yesterdays proceedings
was the appearance of old Captain Dot
son, father OF the defendant, on &he
stand, once as a witness against and
once as witness for his son. His
grave, gentle appearance, his patriarch
al white hair and beard and the care
full and impartial manner he answered
questions convinced all he spoke the
truth.
1t should be mentioned here that Cap
tain Dotson and his friends feel ag-
Erieved that it should have been pub
lished that he had declared he would
do nothing for his son Captain Dot
sons friends say he would make every
sacrifice to save his son, guilty or inno-
cent. but he is without means and
without convertible property.
The Morning Session.
Captain Oliver Dotson of Washington
gulch father of the defendant, took
the stand at the opening of court. He
made an impressive figure in the court
room; tall. white haired and sad faced.
His testimony was brief. his stay on
the stand being limited to five minutes
The old gentleman told of the coming
of his son Clinton to the gulch about