Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-17
T00[E WAS
ON THE STAND.
Testified In Rebuttal In the
Welcome Case.
1T WAS NO CONSPIRACY
The WhiteSide Exposure and
the $4,000 Deal Not
a Plot.
CONNECTION WITH DAILY
CONNECTION WITH DAILY
He Had Been a Resident of Anaconda
For Fourteen Years and Had
Bought Mines iOr Hin-State Sen
ator Clark's Reputation.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena Mont, Nov 1.-THE Welcome
, disbarment case became right interesting
this morning when John r. Toole Of
Anaconda went on the stand to testify
against the claim of the defense that the
/ $50 900 and Whiteside's whole sensation
| was the result of a conspiracy hatched up
prior to the meeting of the Legislature.
The we'll known political leader of the
DAILY faction although he denied that he
was such leader, was closely listened to
as he related some of the troubles Of the
democratic party at conventions and leg
islatures. He denied all charges as to
conspiracy, saying he could not find
words strong enough to express himself.
He gave his reason for opposing Clark in
1893 and the last session.
His direct testimony had not been ocn-
cluded when court adjourned at noon,
a question having arisen as to the ad-
fmissibility Of some of his evidence relat-
ing to a conversation had with Whiteside
prior to the beginning of the session. The
defense's counsel objected vigorously to
, the admission of such testimony, class
lIS IL do IlCdISoy anu utlSIlS 1HCoIupCtNiil
on rebuttal. while Nolan contended it
was proper for the purpose of refuting the
claim of the defense that the 100000 ex-
posure was the result of nspracy.
Court took until . o'clock to decide the
point.
Before Toole testified character wit
nesses were called as to State Senator
Clarks character. All rebutted the tes-
timony offered against the Madison
county man yesterday Among those
F.! who testified that Clark's reputation for
honesty, truth and veracity was good
were Colonel Sanders, Governor Smith,
ex-Judge Blake, District Clerk Walker
! Of Madison county, and others.
| Then came Mr.. TOole's testimony.
Toolc gave his age as 40 and his occupa-
! tion as mining. He had resided in Ana
conda Ia years. His first employment
with the Anaconda company lasted for
two years. 1t was at the smelter in Ana
cOnda as timekeeper. Then he engaged
in contracting. taking wood and other
contracts from the company until 1895,
when he was engaged by Mr.. Daily to look
up suitable mining properties in this
country, British Columbia and Mexico.
He filed that position until June of 1896,
since which time he has had no business
relations with Mr.. Daily.
1T may be a matter of some delicacy.'
said Mr. Nolan. but l would like to ask
you, Mr. Toole. what compensation YOU
received from Mr.. DAILY while employed
by him looking up prospects,"
! II received $3.50 month and ten per
cent interest in any properties | might
secure
i 1T has been stated that you were the
! political manager for Mr.. DAILY and the
Anaconda company; what have you to
say as to that?"
1T is false
Witness said he first met Whiteside at
the Anaconda convention last year
What have you to say about
! being in confederacy with Marcus DAILY,
Senators Norris. stanton, Clark, White
! side and others TO run things on the rule
. or ruin policy?
! II know nothing of it, it is preposter-
! GUS
! Toole said he never met Will Clark until
! the legislature convened. At a meeting
of the democratic state central commits
! tee held in Helena in 1898 the witness, in
! reply to a question as to his and White
! sides attitude upon questions that arose
said they We're opposed. He branched o.
into a description of the attitude of Mr..
+ Daly ana himself upon Culitit poiiiltti
questions in 1898, sayiaS that MI DAILY
was disposed to favor a fusion of the
silver parties.
! Mr. Wallace for the defense objected to
! this line of rebuttal. but the court, after
/ hearing argument, allowed the witness
! to continue.
, What was your object in favoring
] fusion?"
! Il believed it was for the best interests
I .,f ba Gil ga have the three sill.
! Yer parties co-onerate.
DO YOU know whether or not any COM
mittee was appointed by the democratic
convention to discuss or advocate the
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