Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-07
THAT Pill OF PARTICULARS.

Viewed from any standpoint of obser-
vation, the bill of particulars submit.
ted to the supreme court to-day in the
Welcome disbarlnent proceedings is 6
most important document. 1t is of far
reaching character, not only as it affects
the defendant himself, but in it's final APP
plication to the parties named as having
accepted brides from his hands. 1t is
set forth that a number of members OF
the legislature, whose names are given,
accepted certain specified sums Of mon
ey for voting as they did in the senatorial
contest. Through these direct allega-
lions on the part of the prosecution, each
Individual so accused is as much on trial
as is Mr.. Welcome himself.
If the accused lawyer Is found guilty
on the charges preferred in the bill
of particulars, the guilt of the par
ties bribed is likewise established
and prosecutions for the crime
must necessarily follow. The evidence
that will disbar Mr.. Welcome, if that re-
suit is attained, will subject to indict-
ment for bribery those men who are ac-
cused of that crime in the document upon
which the merits of the pending case are
supposed to rest. In. it's finality, there
fore. the action against Mr.. Welcome
per Sc is a small part of the issues in
yolved.
1t is ~asona to assume that the
question of the defendants guilt or in
nocence will turn upon proof as to
whether there was or was not an actual
case of bribery. If the evidence is such
as to convince the court that Mr.. Well
come actually paid out certain sums of
money in consideration of certain votes
to be cast as he directed in the senatorial
contest, and his guilt is thereby estab-
lisled, there can be no doubt as to the
findings of the court of last resort. But
it is not likely that the testimony of men
connected with the anti-Clark wing of
the democracy, to the effect that Mr.. Well
come made a vain attempt to corrupt
their legislative morals will have much
weight in the determination of the case.
Insofar as it goes, evidence of attempt
ed bribery is convincing to a degree, pro-
vided it can be conclusively shown that
there is no Interior motive behind the
words of the witness. For members of
the legislature, known from the outset
to be the im~placable and uncompromis-
Ing foes of the Clark men. to testify that
. an, ut Y-oro ~, olo T.. f,x:l. - -
Clark's interests. will be looked upon as
suspicious by the general public, if not
by the court. The motive is too palp-
able. References of this kind in the bill
strengthen the document. for they will be
looked upon as having a definite object
in view, rather than the conservation of
the cause of Justice.
If the prosecution is able to show that
men were actually bribed, however. it is
quite another proposition, and one that
should be promptly followed up by the
criminal prosecution Of those members
of the legislative assembly who accented
such money. Should Mr.. Welcome be
adjudsed guilty of the charges preferred
against him, the bill of particulars will
become a document Of historic interest,
for those to whom bride money was paid
cannot escape the ordeals of the court.
If the defendant is disbarred on evil
dence that shows that he bribad a men,
Der Of the legislature, and that meinber
is subsequently found 10 be innocent of
the crime Of accepting a bride, by a jury
Of his peers it would see that Mr.. Well
come would be entitled to a re-hearing
that would re-instate him as a oracticIng
attorney in this state.
Failure to prosecute members of the
legislature named in the bill Of particu-
lars, provided Mr.. Welcome is found
guilty Of having hribed them, will be
construed by the people as jug-handle
Justice. The guilt of Mr.. Welcome, il
established. necessarily implies the guilt
of the parties who accepted money from
his hands, and the prosecution must, In
the nature Of things, pursue such men
with unabated ardor until they are land
Ell IN the penltent1aly. The bill of par
ticulars is. In effect, a criminal arraign-
ment of every man mentioned as having
received a bride, and lays the foundation
for additional litigation of a criminal
Should Mr.. Welcome be adjudged in
nocent of the accusations ma lie against