The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-28

II decline to answer the question"
said Mr.. Clark, unless it is confined
to issue in this suit in connection with
Mr.. Whiteside"
Then I will ask the court to require
the witness to answer the question"
said Mr.. Hartman.
Mr.. Corbett, in arguing his objection,
said the court had no authority to make
such an order as the judge was simply
sitting as clerk or notary in taking
the testimony and not in his judicial
capacity.
Mr.. Hartman read several sections
from the statutes to sustain his position
that the judge had the power to require
the witness to answer questions. He
said the only question the witness could
refuse to answer was such as might
incriminate himself should he answer it.
He can not refuse to answer 1t on the
ground that the question is not peril
nent. The judge can require him to
answer and go so far as to imprison him
until he does answer it.
Attorney Roote of counsel for defend
ants, replying to Mr.. Hartman said the
judge was not acting as judicial Off
Ger but as a ministerial officer, and
therefore had no judicial powers and
could exercise no such powers.
c. P. Connolly, one of the attorneys
for Whiteside, followed and claimed
that the question asked Mr.. Clark was
very pertinent, as it went to the very
matter involved in the suit. and if the
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81 81 49,. ttot AZ i',dl.o haa a.
i,d;ciaI nn,,lar .nd on,,,d ness or NJ
objection on the relevancy of testimony
was right the witness, would have to
answer all questions.
+h ,,iontio,, IA sa ~. ahe riiei,,t;ff,s
.iis any soy tie
~ uase VI re -usei "a .i'e ~.
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NJ oile' IoA III Put pV20 - SPi -
had NO rover
Judge Nichols, after hearing the ar
guments, said there was no doubt III
his mind that he had no authority to
compel the witness to answer, and tnat
no such power had been delegated to
him by the district court.
Resuming the examination, Mr. Hart
man asked Mr.. Clark if his campaign
was attended with any expense, the
witness having stated previously that
such campaigns hatufdiiy iHVol'e soihe
eN " ,,4oo.z =. +,,o ,,,os
ia - - 49,, ~ af +ha r,IaIn+-
cen az h;, SCI, GU, go he Gu
siaered the ouaetion the same as the
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49, iS "a 60. Ell I-,itod Stotas
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49, ~ I,'itr'an he nraer,d 20 ansuor
a,' 80 it q, ,iit,,D "a, rnf,,so, tbat he
,'iu - ny III roao,,, fn, +ba
eeeI ~ rs ~ t tto, ba nor,r,,ttn5
~ s,i1 80, h aia o,,s,,,an
Id "a Ne N;,hnis s,id that vb;,a no
1uuse hnei tb sa ma "a mna,e he he
na,sIa ~ 800 49, orda,. ana oouI5
souio ~ ~ ,,it,,, far $40 10 ~
no voriii NJ he he thn,,eb, tba orSar tba
az. "a ~. ~ t.iS a.o., ,o,,IS 49,
.ne wltness sho IIl ansme th eou,u Ply III,
e.is oe iii ~. 1uISr ,,.n,. ~ 90
std 'ea vi - donnir ~ - d. 60 NJ,
LIN, anu ~, nitna ~ i,dea ~ oonl'
liai 'iilah tiieli aShea az -
mt the Wlihess 10 jan uhtli sucn tnilis
az ne snouit ans" .ns ~ 80 S't'
the Juuse ieluseu u mani 'he Vi
A pertinent question.
Did you directly or indirectly OK
pend any money for the furtherance
of your interest in that campaign, and
did you authorize any person to expend
any money for you in that campaign
THE same answer" replied the wit
ness.
Mr.. Clark was asked if he had pre-
pared the list of additional names of
men who acted as his advisers and sup
porters at Helena and he said he had.
The witness then read the names of c.
Fl. Padley of Dillon, George Bruffy OF
Livingston, E. Gouthnour of Livingston.
William Norris of Pony, Mr.. Ryan OF
Butte, Z. L. Whtmore of Butte, d. f.
Peeler of Kalispell. D. w. S. Falk of
Kalispell, William McDermott of Butte,
A. H. Steele of Helena, S. T. Hauser of
Helena.
Those are the principal ones" said
the witness. "Of course, there were
other men who were friendly to me and
who interested themselves in my cleo
ton"
The examination of Mr. Clark then
became rather interesting because of