Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-17
TOOLE WAS
ON THE STAND
Continued from Page One.)

IN session at An9cOnda?' |
Yes; l was a member of such COM
mittee. I believe the other members
were J. X. Toole and Fred Whiteside."
Was there harmony between you
three?"
well, no. Governor Toole and White
side were opposed to FUSION"
How about your opposition to w. A.
Clark in the Legislature of 1892
II can only say that l was then opposed
to Mr.. Clark's election and Mr.. DAILY was
also here opposed to him.. / did not be-
lieve that it was for the best interests
of the state for Mr.. Clark to be elected;
that his influences were corrupt; that a
bad precedent would be established, de-
stroying the political future of the state
BY the corrupt use of money
Witness said there We're ruulnrs that
Clark was using money then and in re-
Spouse to a question he named the five
republicans who voted for Clark in the
1898 session. He also said the democratic
members opposed to Clark did not at
tend the caucus that pledged itself to
! support Clark. Going back to the demo-
cratic convention in 1896 Mr.. Toole de-
MED that he and others were conspirators
! dominating the convention.
What motives impelled YOU to lake
the course you did in 1882 asked Mr..
Nolan.
Toole said in explaining his attitude at
Missoula that he had been a enb of
the national conference IN silver and felt
a deep interest in the silver cause. and
believed that the fusion accomplished at
! Missoula would rebound to that cause.
| Continuing, witness sale he was a MEM
Der of the last legislature and at that
time was not in the employ of Mr.. DAILY.
''What about you, DAILY and others ON
spring to put $4,000 in Whiteside's hands
for the exposure and Clark's defeat?'
II can't find words too strong to repu-
diate that"
Witness was then asked if the republic
cans of Montana made any effort to ho.d
republican members of the session of 1888
in line. He said he did not think they
did.
What about the last session."
II believe a strong effort was made by
leading republicans in the state to hold
the republicans in line
4, when did you first hear that Clark
was alleged to be using money in the
last legislature%'
II heard ruinors before Mr.. DAILY went
east" explaining that Mr.. DAILY left Mon
tana the atter part OF November or early
in December of last year. returning in
February of his year
Mr.. Wallace objected to the introduce
ton of any evidence about these ruinois.
maintaining that such evidence was
hcarsay in character and totally mad
missible on rebuttal. 1t began to look as
though the prosecution was trying its
case on rebuttal. Mr. Nolan contended
the evidence was Admissible and relative
to refute the idea advanced by the de-
Tense that the $4,000 was a conspiracy
emanating from Toole and Daily. After
arguments Mr.. Nolan was told to again
put the question, which he did. Tn Wit
ness got as far in his reply as:
II heard rumors before Mr.. DAILY went
east the latter part of November or early
in December. 1nere seemed to be ono
rumor in particular-'
I'VE object" said Mr.. Wallace, and the
witness did not complete the sentence.
Mole arguments followed as to the ad-
ufssibility of this evidence. When tn.
witness was allowed to resume he got as
far as: II said to DAILY" when another
objection stopped him. After the lawyers
had argued the matter the coalt said it
did not consider the the evidence colnpe-
tent.
"Did you say that Mr.. DAILY before his
dcpatturp for New York had knowledge
OF those rumors of the use Of money!
Yes
"Do YOU know William Muth of Hell
ena?"
Yes. ] ave now him t. years
Witness was asked as tn the remark
Muth suara Toole made in q saloon in
Helera the day of the exposure about
matter having been previously Arranged
and witness was explaining b. branching
off into having met Whilesida III Ana
conda two weeks before the ssssion Of the
legislature, when Nolan asked:
What did Whitesidc say then?'
But The answer was not recorded.
Welcomes counsel registered an en-
phatic protest against such line of testi-
mony on rebuttal. Mr.. Nolan again con-
tended he was seeking to refutc The con
spiracy theory and proceeded to argue
along those lines, being opposed by
Messrs. Day and Wallace.
I Justice Hunt said while he believed thu
I evidence was not relevant, he still de
: sired more light upon the authorities be
{ fore reaching definite conclusions aHt
/ thought he would like to consider tn;
matter until . O'Clock. He would favor
l suspendiug the proceedings until then
Justice picott said he thought the evi
deuce was admissible, but then he woul'
like to look il up.
Mr.. Nolan said that so far as The Well
: come disbarment proceedings was con
cerned, "NNellcomc was UP in IN" air.
as he nut it. The question now was III
alleged conspiracy. 'ounset got into
wrangie as to just what statement In
defense had made outlining their defense
but we're interrupted by court taking
recess until . O'Clock.
Nilef the court ltSuiiiFh tiiA "AsA4
noon the court said ii would allow tn
witness to testify, the evidence Dein'
compettnt providing the witness did no
go too far. Toole said that in converse
ton the questions Of rumors of bribef,
was discussed. The witness denied an,
ARRANGEMENT Will Daily for furnishing
Whitcsidc $50, 900.
Defense's ounsel objected, the Witnes
a telling of a conversation with DAILY i
which tt. question of the institution Q
!, yriminal proceedings against those i'm