The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-11
FOR ANOTHER TRIAL
Attorney Denny Will Produce New
Evidence in the Clark Case.
MRS. STEWARDS TESTIMONY
Jurors Make Affidavit That Her
Statements We're Misleading
Public Opinion IL With &
the Old People.

Missoula. Dec. 10.-I. G. Denny. at
torney for the defendants In the case
OF the state of Montana VS.. Edward
and Anne Clark, to-day filed In the
district court a motion for a new trial
ON the ground of newly discovered evil
dence. The motion is accompanied by
Mr.. Denny's affidavit concerning the
confession made by Mrs. Mary Stew
art, daughter of Mrs. Clark, which was
published in substance at the time Mrs
Stewart committed suicide last month
This confession was made voluntarily
by Mrs. Stewart. and she had request
ed several times that 1T be written that
she might subscribe and swear. to it,
Mr.. Denny postponed preparation of
the affidavit that Ihis associate counsel
might be present. Monday, Dec.s 2,
had been fixed as the date when all
parties should meet for the preparation
OF the affidavit. On Wednesday eve
ming. Nov. %. Mrs. Stewart killed her
self. 1t will be remembered that Mrs.
Stewart stated in her confession that
her testimony at the Clark trial re-
garding criminal relations between her
step-1ather and herself was false and
that she made IL after being threaten
ed. Besides Mr. Denny's affidavit. are
the sworn statements of four of 1.-THE
jurors who brought In the verdict of
guilty against the Caarks. These AMI
are substantially as follows:
In the district court Of the Fourth
judicial district of Montana, in s.and
for the county of Nissoula. The state
of Montana. plaintiff, VS.. Onward Cgas-k
and Anna Clark, defendants. State of
Montana, county of Missoula, S."
Being first duly sworn deposes and
says that the above named defendants
were indicted by the grand jury of Mis-
Soula county, Montana, for the muir
der of John p. Stewart and were tried
for said offense in the above entitled.
court on the 18th day of September, 4
1895. That he was called, sworn and
chosen as a juror to try said cause
That during progress of said trial, one
Mary Stewart was called, sworn and
gave testimony for the state; that said
witness testified that she had had sex
ual intercourse with the defendant; Ed
ward Clark, at divers and different
times from the time she was IL years
old TIL she was about Is years old and
after she was married he made crfmi-
nal propositions to her. That said
testimony 50 given by said witness
went far to establish in atlantis mind
a motive for the defendant, Edward
Clark, to have assisted in the COM
mission of said offense. That one Ed
ward Knott was called as a witness. |
sworn and testified that ne went 10 |
Clark's ranch and was present when a |
bottle of strychnine was found there;
said Mrs. Stewart told him about its |
being there and where II was, and that |
he found II where she said ii was; ne |
testified further that Mrs. Stewart told |
him that they tried to fish it out with |
a piece of wire a few days previous |
to the other being sent and could not |
do IL. That said testimony had some /
weight in the mind of the affiant and |
helped to establish and fasten the guilt |
upon the defendants. Affiant further |
states that IL said testimony had not |
been given and the testimony of the
said Mary Stuart with relation to sex
ual intercourse with the said Edward |
Clark had not been given, a more ia
vorable impression would have been
made on the mind of this affiant to-
wand the defendants.
There has always been a strong pub
lie opinion that the Clarks were not
guilty of the murder of John Stewart
and this opinion is certainly gaining
ground of late. 90