Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-15

v IN lNG. NOv EM 6En .
a little investigating of election methods,
but he found the followers of Whitesde
ana other senator's opposed to any inveS-
tigatlon OF that sort, Senator Anderson,
one OF the foremost democrats in support
Of Whiteside, stating that he was op-
posed 10 any junketing trip of the sort the
resolution, if carried out, would mean.
Before voting for Clark did you not
tell Secretary Of State Hogan that you
would vote for him except that you in
tended TO vote for Clark and if you We're
to change from Hogan to Clark, the in
ference would be that you had been in
iluenced by money! asked Mr.. Nolan.
No, sir, l never said anything OF the
kind
Continuing witness said he had talked
over the situation With Hogan but had
never made him any promises of that
sort. He had been elected to vote for
"A silver man and he believed he dis
charged that trust when he voted for
Mr.. Clark. He said that ninety per
cent of the people of Granite county IA
VOred Clark
Asked if as populst he was not op-
posed to people of great wealth like Mr..
Clark and il 50 how could he reconcile
his action With his sentiments, the wit
ness said he was instructed to vote for
silver man and he believed Mr.. Clark
was the best.
'You were candidate for sheriff in
Granite county in 1896, We're You not:
asked the attorney general
"On the populst ticket?"
YES"
Were you elected or defeated?"
II was defeat ted"
THAT'S all"
The spectators were guessing as to the
nf
1--WE will call Ex-Governor Toole."
said Mr.. Wallace. From seat in the
rear OF the court room the first executive
of the state proceeded to the witness
stand His testimony called forth an
objection when he began to testify as
to Welcomes character. leading to an
argument that about consumed the bal
ance Of the afternoon.
Mr.. Toole said, after the preliminary
questions that he was acquainted win
democratic politics in the state. He was
acquainted with Marcus DAILY and John
r. Tople. but he denied any relationship
with The latter. He testified as to the
conditions prevailing at both the Mis-
soula convention and that at Anaconda
last year. What had been denominated
the DAILY element particularly prevail
ed at the latter. Campbell had been
suggested to him for congressional NOM
inee by John II. Toole. He recognized
that Campbell was allied with the Daly
faction but he assented to his nomina-
ton and made a speech to that erect
in the convention.
Coming down to the issues in this case
the ex-governor said that ne had prac-
ticed law in Butte knew John B. Well
come and was asked what he knew OF
that gentleman's reputation IN Silver
Bow county as to honesty. truth ana
verac:ty To this Mr.. Nolan objected
claiming that evidence az to good cnar-
acter was not admissible IN q civil ac-
ton except in a libel suit and proceeded
to quote the codes to that effect. He
contended this was civil action ana
not a criminal one. After the question
had Keen extensively argued the court
directed the witness to answer 1t. The
witness said his reputation, he should
consider, was good.
What was his reputation In his pro-
fession." asked MI Wallace.
Mr.. Nolan again objected without Of
FERNS. any arguments. The court later
permitted counsel for both sides to ad-
vocate their contentious respecting the
adnissability Of the evidence. Mr.. No
Ian contenled that the question Of Well
comes character was not set forth in
the epecifiea IONS, the question was
whether he invoked bribery In the inter-
est of candidate for senator ana pro-
ceedeti to argue along those lines relter-
ting what he had previously SAD that
evidence as to character was not admlS-
sable in a civil action Of this nature, that
being IA question that belonged to Grim
inal proceedings that would be tried IN
courts other than the present one.
Messrs. Day and Wallace urged the
court to permit a man whose reputation
was attacked to defend himself citing
the Caldwell disbarment case and a
number of authorities, notably case in
New York wherein an attorney was
charged with stealing pension money be-
longing to his client yet evidence gener-
~,ly, x.Vn 1,.fn
admitted.
The court did not seem to be thorough
ly satisfied as to the admissability of
the evidence but finally decided to let it
go in, reserving the right to change it's
rulings later if it saw fit, two Of the
justices admitting that they We're at a
loss to disassociate the reputation as a
man from that as lawyer contendlng
that an honest man would naturally be
an honest lawyer and vice versa tnat
| the whole was like the parts. Mr.. Toole
said he considered Welcome profess
sional reputation good.
Later on eros seXamination when the
| question of reputation and its bearing
upon the matters at issue again came
up. the witness said that he would quail
ify the previous answer by saying that
| Welcomes reputation was good up to
the time the incident of his alleged bri-
| berry practices was made public during
! the session. In concluding his cross eX-
animation the governor SAID ne heard
| many rumors and much street talk nat
urally. during the time of the session
| but he paid little attention to it. The
governors testimony concluded the case
/ for the day and court adjourned until
! today.
| owing to the scope of investigation
! the case may now take. since the defense
has outlined it's intentions, it is hard Ia
say exactly how long the hearing will
continue. EX-GoV. Carpenter, one Of
/ the attorneys for Welcome, told the In
| ter Mountain correspondent that he
! looked for the case to end this week
/ Others predict it will last well into next