The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-11-18
BRIBERY CASE
NEARING AN END
Senator Clark Placed
on the Stand.
Special Dispatch TO The Call.

HELENA, Mont, Nov. lin the Well
come disbarment case before the Supreme
Court to-day the prosecution introduced
about a dozen witnesses in rebuttal.
among them being J. r. Toole, State SEN
ator w. A. Clark and Governor Smith.
Welcome, the defendant in the case, was
practically a lost factor in the proceed
ings to-day, and the scope of the exami-
nation widened out into a general discus
sion of matters leading up to the alleged
bribery case Of the last Legislature.
John r. Toole. mining expert and for
several years in the employ of the Ana
conda Company, and said to be one Of the
leading men of the DAILY faction, was the
most important witness. The prosecution
sought to show by this witness that there
was no preconcerted effort on the part of
the so-called DAILY faction TO defeat Clark
for the Senate, while the defense on cross
examination sought TO develop the exist
ence of a conspiracy or combination TO
prevent Clark's election.
State Senator Clark testified and made
explanation of his business and other re-
lations with the several witnesses who
testified to his bad character yesterday
Witness was asked If he had received a
check from Mr.. DAILY for $500, and said
he had. but explained that IL was in pay
ment for the sale of a newspaper in Madi-
son County. which sale the witness had
negotiated.
Henry Filling, banker of Virginia
City, testified to the good character of
State Senator Clark Governor Smith
testified that the reputation OF Clark for
truth and veracity was good Judge
Parker testified to the same effect Col
onel W. +. Sanders also considered
,Clark's reputation good. Several other
witnesses testified TO Clarks good char
acter.
Andrew ]. King. Treasurer Of Flathead
County. testified to the good character OF
Clark. but on cross-eNamination said he
had heard a great many persons say his
reputation was bad and that they would
not believe him under oath.
John Z. Toole was questioned as TO the
charges that he DAILY. Whiteside and
Others entered into conspiracy TO spring
the bribery exposure for the purpose OF
accomplishing Clarke's defeat He denied
that there was such a conspiracy The
attorneys for the defense questioned the
witness on nearly every point relating TO
factional fights in the Democratic party
and covering every political convention
during the history OF the State The wit
ness in a general way denied the exist
ence at any time of a conspiracy TO defeat
Clark. and thought that Marcus DAILY was
not so strongly identified with the politics
OF the State as was generally believed
When asked about DAILY and others con-
spring 10 put $50. 900 in Whiteside's hands
for the exposure and Clark's defeat. wit
ness said:
II cannot find words too strong to re-
pudiate that"
Toole denied any arrangement with
Several attempts were made TO inject
the political features OF the State capital
contest into the case. but the court de-
cided that such testimony was irrelevant
Two more witnesses are TO be examined
tomorrow morning, and then an early
decision is expected. 1t is not believed
that there will be an extended argument
OF the case before the court.