The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-24
A REVIEW OF THE CASE
Attorney General Nolan Has
Filed His Brief
IN THE DlSBARMENT CASE
Weakness OF the Defense-Utter Lack
o. Proof OF tho Existence of the So
Called DAILY Gang"-Strength of
Evidence Against Welcome.
Special Dispatch to the Standard.

Helena, Nov. 23.--The brief of Attor-
ney General Nolan as friend of the
supreme court in the Welcome disbar-
ment proceedings, summing up the
case that occupied the attention of the
court for two weeks. was presented to
the court to-day. 1t covers II pages,
typewriter. He refrains from referring
to any details of the evidence, tran
script of which has been filed with the
court, contenting himself with a gem
eral review of the evidence. He main
tains that as there is no contradictions
of the evidence reference to what the
different witnesses testified to is hardly
necessary. The brief reviews the case
in clear, vigorous and mastery man
ner. The strength of the evidence ad-
duced against the Butte lawyer and
the weakness of the defense come in for
seasonable comment. The utter lack
OF proof of the existence of the so-called
DAILY gang conspiracy is emphasized,
while the continuity of the evidence Of
the witnesses for the prosecution is
pointed out. Copies of the brief We're
filed upon Welcomes attorneys, who
have one week in which to file their
brief Seven days after receiving copies
of their brief Mr.. Nolan must file the
final briefs. The briefs take the place
of oral arguments, both sides having.
agreed to that method of summing up
their respective cases.
The attorney generals brief filed to.
day follows:
THE accused is charged with others,
with conspiring to corrupt official mem
bers of the Sixth legislative assembly
in voting for W. A. Clark for United
States senator, and is likewise charged
lIrif 60. .,cL L,.,l~
money to members of the legislative as
sembly in consideration of their voting
for w. A. Clark for United States sena-
tor. The charge is specifically made
that the accused, with John s. M. Neill,
a. ]. Steele, Walter M. Bickford,
Charles w. Clark and w. "A. Clark and
others, confederated together to bribe
and attempt to bribe the members Of
the Sixth legislative assembly, and that
pursuant to such unlawful confedera-
tion Welcome paid to Fred Whiteside,
w A. Clark, H. l.. Myers and H. III.
Carr and to others specifically named
sums of money designated in the pc
tition and in. the bill Of particulars.
THE accused vicariously denies those
criminal acts alleged to have been com
mitted by him. 1t is true that it is not
necessary in a proceeding of this kind
to deny the commission of those acts
under oath and personal denial is not
for a denial without being under oath.
Section 424 of the code of civil pro-
cedure provides that, IF the accused
object to the sufficiency of the accusa-
ton, the objection must be in writing,
but need not be in any specific form,
it being sufficient if it presents intelli-
gibly the ground of the objection. If
he deny the accusation the denial may
be oral and without oath, and must
be entered upon the minutes.
''The denial in this instance was un-
der OATH but as already stated, it was
a vicarious denial. That there was no
personal denial of the commission of
the acts alleged in the answer should
not suggest suspicion as to their COM
mission; that the case should be sub
mitted for determination upon the evil
dence without denial on the part of
Mr.. Welcome is highly significant.
THE existence Of 100000 as an item
of evidence indubitably showed that
either bribery was committed or that a
conspiracy through it's use of the black
est and most criminal character was in
augurated and consummated to effect
the defeat of Mr.. Clark in his candi-
dacy for the office of United States
senator. The accused appreciated full
ly the necessity of establishing a con-
spiracy of the character indicated, but
casual glance at the evidence ad-
duced will show how utterly futile and
abortive the attempt was. The acts of
bribery and the conspiracy to perpe-
trate acts of bribery with which the ac-
cused is alleged to be connected. griey-
ously criminal as they are as to char
acter, pale into insignificance when
compared with the monstrosity of the
crime which would be committed if the
money in question came from Daily
combine and was used purposely to
effectuate the political extinction of
Clark. A charge of this kind involving
men confessedly not criminal it would
not be supposed would be lightly made.
yet in the development of these disbar-
ment proceedings the charge was flip
PANTY made that a conspiracy of the
character indicated was inaugurated.
and that Whiteside and w. A. Clark of
Virginia City. and Marcus Daily and
John r. Toole and A. j. Campbell and
others We're guilty participants To sus
tain this claim evidence was adduced 10
show the existence of what might be
termed in political parlance a DAILY
clique. Proof was adduced to show
their numerical strength and strategic
skill in political conventions, but where
was the proof in the remotest degree
that would in the slightest manner give
authorization for the suggestion that a
criminal act of the kind suggested was
committed by them?
Before proceeding in a general way
to discuss the evidence involving Nh
Welcome, it may be pertinent to in
quire what the trend of the proof is as
to bribery practiced by the wholesal,
in Helena on January last. The ques>'
tion of the criminality of Mr.. Well
come will be determined by the proof.
Aside from the specific testimony in
volving him criminally it win not be
out of place to inquire as to the in
clination of the proof as showing that
money was used corruptly by Mr..
Clark. The value of character evil
dence without specific denials will be
considered later on. The uncontra-
dicted evidence regarding acts of brib
cry by the wholesale at this prelim-
mary stage can be appropriately con-
sidered. If the record were absolutely
silent upon the question of the Illegal
use of money. to advance the senatorial
interests of Mr.. Clark, the considera-
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