The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-29
HELENA ABHORS BRIBERY
Fair Means Only Used in the
Senatorial Election.
AND THEY SWEAR TO 1T
Arguments Of Welcomes ATTORNEYS in
the Disbarment Proceedings-A
Motion to Strike Out the
Evidence.
Special Dispatch to the Standard

| I1elena, July ZS.-The Welcome dis
barment proceedings had another hear
ing before the supreme court day.
1t was the last day allowed the ac-
| cused to meet the affidavits recently
| filed by Fred Whiteside and c. b. No
Ian, in which the one set up that the
community was so prejudiced in favor
of Clark that it had been impossible to
| secure an indictment of Welcome,
while the other showed how he, as at
! torney general had asked and had been
denied another grand jury, and laid be-
| fore the supreme court an accurate
transcript he had made Of the evidence
taken before the grand jury. Counsel
for Welcome accordingly to-day filed
| with the court some counter-affidavits
denying what had been set up in the
| original affidavits, also motions to
strike out the synopsis of the grand
jury evidence and objections to the suf-
hciency of the accusations against
| welcome. The motion to strike out the
synopsis of the evidence before the
| grand jury was on these grounds:
| T. The synopsis attached to the
| Nolan affidavit may not be legally dis
closed or considered on this hearing.
| q said synopsis does not purport to
| be the whole evidence, or the substance
thereof. but only the substance Of so
much thereof as the affiant Nolan con-
| s1dered in his Judgment material.
y. The evidence in said synopsis dis
| credits itself"
The objections to the sufficiency of
| the accusations We're that they failed
| to show that all the means to set in
motion the machinery of the original
| law have been exhausted in the county
| or district having jurisdictions; that the
| request for another grand jury was
| made before the one then acting had
made its final report and been dis
charged; that no request for resubmis-
| sion to a grand jury was made to the
other district judge of the district; that
no request had been made for permits
| sion to file an information; that no re-
| quest had been made to either district
| judge for an order directing the county
| attorney to file an information: that
there is no charge that either of the
| judges or the county attorney would
| not ofilcially discharge all official duty
| if called to act; that the Whtteside affi-
! davit is irnmaterial, as neither the COM
| munity nor the public prefers accusa-
| tons of crime or orders this prefer
| ment, and the state has a right to
! change the place of trial to another
| locality when general prejudice is
| shown to exist; that the synopsis. of
| the evidence lends no additional force
| to the direct accusation of Whiteside:
! that the presence of Welcome before
| the grand jury is no bar to a further
| prosecution: that the grand jury's ac-
| tion is no bar either to a resubmission
| to another grand jury or the filing of
| an information; that The verification is
! insufficient
| There was also filed with the court
the affidavits of 25 Helena people deny
ing the allegations as to the community
| being prejudiced in favor of Clark and
his supporters to such an extent that
| conviction of anyone known to have
| committed bribery was impossible All
| of the affidavits, with the exception of
| one by Judge McIntire, another by NJ
s. Gum and a third by Editor Skies of
the Independent, were in the same lam
guage and appeared to have been turn
| ed out by the wholesale. Nearly all of
| them were executed before Stephen
| Carpenter as notary. Each affiant gave
his time of residence in the community
Their names term of residence and oc-
| cupation are: Walter M. Jordan, Chris
tian minister, six months; C. w. Can
| non, real estate, "a years; A. l.. Smith,
| banker, 10 years; E. /. Zimmerman
| public administrator, "a years; l.. A.
| Walker, hotelkeeper, 20 years; G. H.
Barbour, physician, IL years; M. Reinig,
merchant, 33 years; Thomas c. Kurtz
|
keeper, 81 years; William Muth, broker
20 years; ]. A. Perrine, physician, 10
years. William Treacy, physician, 10
years; S. T. Hauser, mining, 30 years;
G. w. Skies, editor, nine years; III. NJ.
Parchen, merchant, "a years; Herman
Cans, merchant, 30 years; r. c. Wal
lace, merchant, 80 years; w. G. Preutt
live stock, 30 years; Pat Meany, mining,
four years; E. B. Braden, United States
assayer, 10 years; w. A. Chessman,
| merchant 33 years; Richard Jockey
insurance agent, SO years; ]. B. Clay
berg, attorney, IA years; M. S. Gum,
attorney, nine years.
These parties made oath that they
mingled with others during the session
of the legislature and discussed the
questions connected with the election
of United States senator: that there
never was a sentiment among the peo-
| pie of Lewis and Clarke county that
| any means were justifiable that would
result in the election of w. A. Clark;
nor was ii felt that any improper means
would be iustifiable against those op-
posed to his election; that there never
was any sentiment against finding in
dictments by the grand jury; that, on
the contrary there was a strong desire
that justice should be done; that neith-
er the press of the city nor the people
expressed opposition to the grand jurys
finding any indictments, but, on the
contrary, the general teellng was that
the grand jury should and would do it's
duty, and that full, fair and impartial
hearing would be given TO any case pre-
sented, and that the sentiment has not
changed, and that it is the belief of
affiants that full justice can be had in
the courts of Lewis and Clarke county.
Judge Sidney McIntire of the district
court, who summoned the grand jury
in response to the legislative resolution.
and who declined to call another grand
jury at the time the jury reported it
had investigated the charges of bribery
and had been unable to find grounds for
an Indictment, confined his affidavit to
his reasons for refusing to call another
jury at that time. He makes oath that
when he was requested by the attorney
general to call another grand Jury the
partial report of THE existing grand
jury WAS before the court for accent
q u cssa,nl. re iartinr thai in sl1hstn rnn a.,