The Anaconda standard., 1899-12-12
FINAL BRIEF IS FILED
By the Attorney General in the
Welcome Case.
ANALYSIS OF THE CASE
Allegations Made by the Defense Sub
jected to a Searching Examination
The Conspiracy Theory-Ds-
tense Offers No Proof.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Dec. 1.-THE brief of the at
torney general in the Welcome dis
barment case, the last Of the three
briefs that had to be filed, one by the
accused and two by the prosecution,
was submitted to the supreme court
to-day. the last day allowed under the
agreement for the attorney general to
sum up his case. Mr.. Nolan's final
brief is considerably longer than his
first one, going more into the evidence,
especially with reference to the claim
of the defense that Whteside and Clark
were decoys The brief of the accused,
filed few days ago. is reviewed and
it's weak points pointed out.
Mr.. Nolan begins his brief by going
into a thorough discussion of the ma
ture of the proceed answer to
allegations made .stendant and
then takes up the =. on of Whiteside
and Clark as decoys, supplementing his
contentious by large number of cita-
tions. The accused, says the attorney
general, can find little consolation in the
decoy theory.
The examination of the character oe
witnesses on both sides is next taken
up and is followed by an analysis of
the defendants theory of conspiracy
in which he says:
"There is no mandate. human or de-
vine, that requires the people of Mon
tana to accept Mr.. Clark as leader.
Opposition to him is conduct just as
| meritorious as support of him. | said
just as meritorious: ! desire to correct
this and say that opposition to him is a
measuret of good citizenship to which
every Montanan should aspire. Cor
ruption of men in office through bribery
Is not characteristic in the makeup
of man that should commend itself
to any good citizen. From the fact that
these charges passed unchallenged on
the part of Mr.. Clark, and those who
operated with him, the unprejudiced
observer is justified by law and logic
in concluding that he is not all angel,
but is more nearly all devil. Counsel
for accused may flppantly say that
this conspiracy, us charged, has shad-
owy existence. but to enable them to
| make this statement it is necessary for
them to say that Mr. Minshal, Mr..
Warren. Mr.. Cason, Mr.. Clark, Mr..
Whiteside Mr.. Myers and the others
| who have testified, committed perjury.
They do not say this because those
witnesses are contradicted by Mr.. Well
come, Mr.. Clark Gather or son), Mr..
Neill Mr.. Bickford or anybody else.
They simply say there is DAILY
gang" there is an opportunity, there is
the motive, there are the willing agents
and there is the immaculate character
of MI Clark and Mr.. Welcome. 1t is
difficult to reply to arguments such DIS
these"
Mir. Nolan brings his brief to an end
by saying:
Even though no bar associations or
assembled gatherings clamor for the
expulsion of Mr.. Welcome, the duty
devolves upon you to see to it that no
public briber such as the proof shows
him to be, shall continue in the prac-
tice of the law. In 1898 it was the leg
islative assembly that was subjected to
his communicating touch. How sue
cessful he was in the work of bribery
the ballot that elecrsd his principal
United States senator will show. Hon
esty in public life Is Indispensable to
the perpetuity of our institutions. The
crOwning glory of the American repub-
lie has been the incorruptibility Of its
executive and judicial officers, and the
condemnation and eSecration accord
ed to attempts at bribery or corrup-
ton. The judiciary Of the United
States has been commercially free
from suspicion. Extend immunity to
Mr.. Welcome in the face of this evil
dence and the sacred fame of justice
will not be free from his proclamation.
AS an officer of this court he has not
condescended to tell you that he Is
guiltless of those grievous charges. but
asks you to say that others are guilty
of offenses greater than his without
proof of even a shadowy character to
warrant such a charge. Whatever your
disposition may be to extend leniency.
am satisfied that duty will assert its
mastery, and to the appeal of Mr.. Well
come and his counsel and friends your
response will be. in the face of this
proof you ask too much.