The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-05
His Attorneys Analyze the Evil
depcs in the Case.
RIGHTS OF THE ACCUSED
Testimony as to the Payment OF Money
in the Alleged Purchase Of Votes.
The so-Caiied Conspiracy to
Defeut Clark
Special Dispatch to the Standard.


ings before the supreme court filed
their brief late this afternoon. The
court recently granted them additional
time in which to reply to Mr.. Nolan's
brief and sum up their side of the case.
They awaited themselves of about all
the time allowed, as the brief was 1ot
filed until u few minutes before
o'clock. The brief IS long, containing
with the abstracts of evidence and the
citations from authorities over 10000
words. The opening statement is that
counsel are not exactly clear as 10 The
nature of the proceeding, but say they
do not consider material whether 1t is
civil criminal or special, it is pro-
ceed.ng affecting the rights of the ac-
cused. And Of these the court will not
deprive him without due process OF
law, which means a charge supported
by legal and competent evidence, salts
factory in character Passing along
over some immaterial matters, the brief
takes issue with the attorney generals
brief as to the charge, contending it is
that Welcome solicited members to
vote for Clark for money considera-
ton rather than conspired with others
to bride. The claim is made there Is q
discrepancy in the bill of particulars
and the petition for disbarnent, the one
alleging the money was paid in pursu-
ance of a, conspiracy and the other that
payments were made without reference
to any conspiracy. After commenting
upon the principles that should per-
wade such an investigation as this, the
brief. commenting upon the failure. OF
the accused to take the stand, says:
THE argument that the accused is
not entitled to any consideration be-
cause he failed to testify, or that there
~ BIO inf h g a n
testify the truth of the facts stated by
the witnesses for the prosecution, is
based upon a wrong theory Of law. The
failure of the accused to testify does not
create a presumption against him in
this case, for the reason that the acts
charged constitute n crime"
After quoting a number of authorities
In support Of the above, the brief takes
up the question of accused's character
evidence, contending, with the aid Of
other authorities, that ii is highly COM
petent. The claim is made that it was
''discreditable circumstance, that
while the specifications names Gall
wey, Normeil and Mckay as persons to
whom offers of money was made, 10
evidence to that effect was otfered:
Emphasis is laid upon the fact that the
evidence relating to Mclaughlin.
Woods and Stiff was all stricken out.
The brief alleges that excepting the eYl-
dence of Whiteside, no proof was Of
fered as to the sums ptld IieIHe3, by
water, Fine and 5easley.
The brief then deals in detail with
the evidence as to the payments OF
money to others than Whiteside and
Clark The Warner evidence Is dis
missed, as having no weight. AS to
Geiger the evidence barring what
Whiteside testified as to Welcome re-
ceivine overtures from GeiSer, which is
styled absurd, II not false, the circum-
stantial offer as to the money, styled
as ''of no value whatever In this ac-
tion.' The accused's counsel see moth
ing Ia the evidence against liabson,
contending shat the offer as to the oanK
stock was OF no weight and Of tltmsy
character. They did not ask Hobson
about the bank stock transaction De-
cause it was immaterial. The evidence
Of Cason against Narcyes is attacked
ss unreliable and Cason's letter received
from Clark, one Of which contained
$500, are called entirely innocent and
simply represent liberal payment Tor
Legitimate electioneertng expenses.
.Fhe charge as to the offer of money TO
Poindexter to purchase the votes Of the
three Beaverhead members Is called a
mere suggestion or talk. a charge
that is unproven. The offer OF B1ck-
ford to Sullivan is claimed to be barred
because Sullivan solicited it. Concern
ing the charge that Jacoueth was paid
$4,000 an effort is made to show a con-
ilict of evidence between Whiteside and
Rector.
Cons1ceraple space as rs 1850 1860 eboIt
eilort 70 s.i ;, .na a,,a w. frn1,, We,lcome
Carr receiving money from Weiico oha
through Whlteslae Meis ,,ntad 80
some on me testilfiotS - ~ enva1nnaa
tine clalm is naoe lnai aie +s 81, ,,,nnav
oftered as having cois.aineo ne nao ti,..S
furnished no proc 70 e ,'hers The the
WMtes'ues statei'ie M "a o,,sinnss are
money came from. ne CIV f fants hut
admltted 10 De criILi a,ant 60 r,;ac. of
tufnlshlhs an u uIic'rno ;oH "a Mevsrs
evidence. oeailtie W.. +,.nt +ho fact
case, me pilE i GoIit stn 400 dnes not COR
Whitesiue pa. mn, $i', Wv +a $50 % to
rooorate nloesiuE ss sao1eraS # vas
Mnete eii9 s,sp az saw We,,comes
put d SCI 'A''s 71'' soy
ia 49,, Yes; .;r,o,,,, oe ,roy.rr &c +o the
me vs. Iiiiom my, VI p;aI,Ser5 not on,v
CONVEX a'toi. 49, ~ ,o++ar trans.
uoes ~ ~ - - occnrra5 vn,Ild he n
actlon, ~, II ~ ~ s3,o,.. t,a+ tbis ,attar
clrcu.ns t;o W. s4 ncGprrnd r. Movers
lra l.3na ~ nsfars I~bicb he al
uau ISpu'SGo .''S -. ,+.-,,.aI, "a