The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-05

sclf-constitutcd detectives were officers
of this court not only does not add to
their credibility, but rather detracts
from it, because as such officers it was
their duty to prevent rather than So
licit the commission of crime, ana
reputable court officers would not nave
assumed the attitude of decoys. Both
are accused of having been clearly inn
peached and an effort made to show
that because they fooled Welcome out
Of court they could not be believed in
court. Considerable space is devoted
to the character Of witnesses who tes-
titled against Whiteside and Clark:
Several pages of the brief are devoted
to an attempt to prove that the con-
spiracy charge against Welcome has
not ben substantiated. 1t is claimed
that with the exception Of Whiteside's
testimony the evidence is circumstan-
tal. and the court is asked to test the
conspiracy feature by the rules laid
down in Burrilrs work on circumstan-
tial evidence. The explanation Offer
ed of Warren's testimony. relative to
his famous interviews with Candidate
Clark is too ingenious to pass unno-
ticed. 1t follows:
CLARK was a caEAiuate, so continu-
ing till his election. The other was a
preacher. Clark might have reasona-
bly, been astounded by such an aD-
preach from such source. Yet had
he CURLY dismissed him with or with
out a. deserved scoring the incensed
clergyman might have Influenced the
unknown friend to vote against Clark
He was forced to, as he did, get rid
of this most unusual incident in the
most polite manner. And his state
ment to the reverend gentleman the
next morning. there having been no
u NO.. 4~ 1T
the meantime, I must have your
friends vote without the least offer
or negotiation, shows conclusively that
Clark had no idea of using money, for
otherwise he would not have used such
speech except after successful, or at
least then-begun money bargain, in
augurated by him directly or through
others. Harmless as It is in itself,
there is not the least contact by the
accused with the incident, shown or
attempted"
Under the head of Defense" the
accused's lawyers so over that old
story of the existence Of the DAILY
faction" who gave birth to the con-
spiracy to defeat Clark. "And we sub
NIT that the evidence of conspiracy to
overthrow Clark is certainly as strong
and much stronger than that upon
which the attorney general so conf
! IDENTIFY asks you TO find the existence
+ of a conspiracy to Lribe is the Open
| ing sentence of dissertation upon
| the conspiracy which the defense
claims was Matched UP in the scheme
STORY" of how the DAILY faction has
sought to defeat Clark; how it once
before defeated him for the senate:
/ how DAILY is a rich man; how Tocle
! is one of his leaders; how Toole met
Whitesde in Anaconda prior to The
legislature and talked Of the intended
exposure: how Toole had the investi-
! Whiteside, after the session, invoked
the aid Of tho Anaconda company in
| his fight on Clark in Butte: how Toole
/ paid for affidavits Whiteside procured.
! and similar claims advanced at the
trial All Of this the brief says Is adj
vanced to show that Whiteside and
| Clark were connected with the active
enemies Of W. A. Clark. Then follows
an attack upon Whiteside's motives,
the substance Of which was given sew
eral times during the trial by Well
comes counsel, and in conclusion the
| brief says:
/ we have shown that the action of
I Clark and Whiteside was taken In pur-
/ suance of q plan entered into between
them, Toole and Campbell: that this
, plan had for its object the complete
overthrow OF the man whom DAILY had
pursued for years; that Daily himself
had foretod these events in New York
before the legislature met. in forecast
ing which he gave intimation OF at
| tempted indictments, and even OF this
/ very accusation, when he said: If Clark
shows his head in that legislature, OF II
J he Is even nominated, you fellows Will
hear something drop which will drive
Clark and his friends Out OF politics
in Montana forever, and will drive some
of them to the penitentiary.
"It will be noted that this was not
made dependent upon any acts OF
| bribery. but upon Clark's daring to en-
ter the contest. Clark entered the con-
! test, the trap was sprung and indict.
ments were attempted. The grand jury
refused to lend it's aid to 80 patent a
conspiracy, and the present proceeding
was taken as a dernier resort to reach
a similar end.
"Hence We have shown the motive
for the proceeding, the opportunity fol
carrying out the scheme and the numec.
Gus willing agents These same agents
are here active in this proceeding. The
nominal prosecutor, the state, and its
! attorney general: the actual prosecu
tors, Whiteside and Campbell. No bal
association, no injured suitor no com.
munity asks this court to deprive the
accused Of his standing here. No one
asks 1t save his political enemies ant
those allied with them. Against such
a demand he confidently asks the cour
to give negative response