The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-12-26

a. Clark OF butte, ana tue OCner IOl-
lowed the leadership Of u Marcus
Daily and was known an the "Daly
Gang"; that the effort of the latter
has always been to rule the party at all
hazards; that one Of its purposes was
to defeat w. A. Clark by fair or foul
means in his aspirations to go to the
senate Of the United States; that the
witnesses Whiteside and CLARK belong
to his gang" that the exposure was
the result Of a criminal conspiracy
among various members Of this gang.
including Clark, Whiteside and Myers,
falsely to charge W. A. CLARK of Butte
aud his friend with bribery and thus to
defeat him and that the money turned
over by Whiteside vas really furnished
by that faction to give the color Of
truth to the charges made against Well.
come.
evidence was introduced by the ac-
cused in support of this defense. But
taking this all together and giving it
the utmost weight to which it is en-.
titled, ii is hardly sufficient to require
consideration. as it establishes nothing
beyond the fact that there is and has
been for some years a strong political
hostility between W.. A. Clark Of Butte
and DAILY as rivals for leadership in the
democratic party. There is no tact
proved from which III inference is per.
INVISIBLE upon any legal principle that
the opposition from the DAILY faction Of
the party was other than such as was
perfectly lawful.
1T was certainly NJ crime for any
number Of men to combine together to
elect W. A. Clark Of Butte, by lawful
means to the United States senate. 1t
was certainly equally lawful for any
number of men to join forces to defeat
him, if they used lawful means only.
It does not appear in this record that the
oppnents Of CLARK used any unlawful
means in their opposition to him nor il
there a scintilla Of proof tending to
show that any of them furnished the
money in evidence in this case.
1T appears from the proof that the
accused has heretofore borne al excel
lent reputation Of honesty and integri.
ty in his profession. This fact we
have considered in his favor but a spot
less reputation il no defense for a crime
where the proof establishes it as fact.
So in this proceeding being satisfied
he is guilty Notwithstanding his prev.
ious good character we must SO find.
(People vs.. Beet. Sc Pao. Rep. l091.)
"Finallv counsel insist that men
who deliberately deceive another in Or
der to win his confidence with a pur
pose to betray him are not worthy of
belief aud that an attorney, heretofore
above reproach should not be degraded
from his profession upon the testimony
Of men in the position Of Whiteside,
CLARK and Myers. Courts always act
cautiously upon such evidence. Many
Of them condemn such action in the
severest terms.
1.-The course pursued by these persons
is to be censured. Far better and more
righteous would it have baen for CLARK
and Meyers. who are members of the
bar Of this court, to have gone to Well
come, their brother lawyer, and If pos.
sible persuade him to desist from the
abhorrent practices he was engaged in
far more in accord with those high sen.
timents Of professional honor and integ-
rity which honorable lawyers should
always possess, to have recalled him to
a sense of duty to the law, and not ia
have deceived him, and encouraged him
to commit crime. But, however repre-
hensible it may be as violative of the
principles Of propriety and morality,
the fact that a witness has acted as a
detective or decoy, apparently entering
into the criminal plan in order to de-
tect and expose it, does not, Of itself,
render the evidence unworthy Of belief.
The adjudicated eases are numerous
where convictions upon this character
Of evidence have been sustained.
1.-THE fact that the act here charged
as a ground for this proceeding had nc
connection with the professional con-
duct of the accused makes no differ.
ence az to the treatment to be given Il
by this court. Under our statute. al
heretofore construed in this case CSC
Pac. 45) offenses within the line Of
professional duties and those without
these lines stand upon the same footing
SO far as concerns the quantum Of proof
necessary to establish them. Nor doe!
it matter that no injured sutton il de-
manding redress.
"With the motives prompting thi'
action on the part of the accuser W.
have nothing to do further than us they
reflect upon the credibility OF his story
The ultimate end sought by him ma,
be very far from an honest purpose tt
purge the profession Of an unworthy
member. Still when a charge Of thi
kind is presented that a member of tn
profession has been guilty of acts tend
ing to subvert society, the court mas
act, painful to us as the performances Q
the duty in this case is, be the ultimate
consequences what they may.
ut is therefore ordered that Jhon B
Welcome be removed from his office o