The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-21
COUNTER AFFIDAVIT
County Attorney Dixon Makes a
Sweeping Denial.
ABOUT THE CLARKs' TRIAL
He Says He Never Attempted to
Induce Mary Stewart to Tes-
tify to Anything That Was
Not Absolutely True

Missoula. Dec. 20.-To-day is the las,
day under the law In which a counter
anhdavft could be filed I'm answer 70
the motion of Hon. I. @. Denny for a
new trial on the case of the state VS.
Edward Clark and Anna Clark. Coun-
~ Attorney Dixon this afternoon filed
the following:
In the district court of the Fourth
Judicial district of the state of Mon
tana. In and for the county of Mis-
soula- The state of Montana, plaintiff.
VS.. Edward Clark and Anna Clark de'
PENDANTS.
Joseph M. Dixon, being first du,v
sworn. on his oath deposes and saws.
That he Is the legally elected and act :
ing county attorney for the county or
Missoula. state OF Montana, and that
ne was such county attorney at the
time OF the indictment and trial of the
above named defendants. Affiant fur
ther says: That he never did, at the
time and place mentioned in the am
devit or one /. G. Denny, now on file
In this action. or at any other time.
times. place or places, say or intimate
70 one Mary Stewart, the witness re-
Ierred TO In the said affidavit of the
sald L. u. Denny, that IL the said Mary
stewart would swear that the Defend
ant Edward Clark had had sexual in
tercourse with her; that this would
snow motive In the said Clark to kill
the said John p. Stewart, and that
without such testimony the defend
ants could not be convicted and the
blame would fall on her, the said Mary
stewart. This affiant further deposes
ana says. that he never did in his life
nave any such communication with
the SAID Mary Stewart or any other
communication that could by any pos
slDility be construed to mean anything
similar or akin to the words above
marked In quotations. Affiant further
deposes and says: That he never did.
at any time or place, say to the said
Mary Stewart, that If said Mary Stew
art would swear that she had had seq
uai intercourse with the said Edward
Clark. that he (this affiant) would dis
miss her case. That this affiant. in
any and every conversation that he
ever had with the said Mary Stewart
never. by word or deed, melted, at
tempted or induced the said Mary
stewart to testify to anything in the
trial of the said action that was NOT
absolutely true. Affiant further de-
poses and says: That few days prior
TO the death of the said Mary Stewart.
soowit.. ABOUT the goth of November,
1888. this affiant was in conversation
with the said Mary Stewart on the
westpound Northern Pacific, between
Missoula and Thompson Falls; that at
that time and in said conversation. the
SAID Mary Stewart said to this affiant
that she MARY Stewart) had paid a \
lawyer $500 to obtain for the Defend |
ants in the said action a new trial: |
that If the said defendants did obtain |
a new trial they would never be con- |
victed again. for the reason that l. @. |
Denny. one of her attorneys, had told |
her. the said Mary Stewart. that IL she |
the said Mary. Stewart, would say that |
her testimony on the trial heretofore |
was untrue. that her parents, the de-
PENDANTS herein, would never be con-
victed; that while they the said de-
PENDANTS, were guilty of the crime of |
which they were convicted, that they
had been in jail for several months
and that she. Mary Stewart, Thought
his a sufficient punishment for muir
iering John Stewart.
"(Signed). Joseph M. Dixon
subscribed and sworn to before me
this goth day of December 1895.
(Signed). Wallace p. Smith,
Notary Public"