Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-05

it is claimed. is discredited by circum-
stances surrounding it. mpeached by nu-
merous witnesses and contradictions and
rendered worthless by the bad reputa-
ttons of Clark and Whiteside. The brief
seeks to prove hat the facts testified to
by these two were prearranged by agree
ment between Whiteside. Clark and
Campbell, and refers the court to the evil
dance before the Investigating commit
tee as proving that claim.
Tn testimony of such self-consti-
tuted detectives is not only discredited
by that fact, out some courts lave gone
SO far as to hold that where one COM
mits a crime upon another at the latter's
solicitation. there can be no conviction.
In al of the courts that nave dealt with
the subject such evidence is looked pon
witt the greatest suspicion"
A number of case are cited to support
the above statements. and the brief con-
tinues:
"The fact that two of the decoys or
self-cOnstituted detectives We're officers
of this court not only does not add to
their c%redibility, but rather detracts
from it, because as such officers it was
their duty to prevent rather than So
liclt the commission of crime, and repu-
table court officers would not have as
sumed the attitude of decoys. oBth are
accused of having been clearly impeached
and an effor t made to show that be-
Ca tleS loOleQ w ellcOllle Out OIL COURT
they could not be believed in court. Con-
siderable space is devoted to the char
acter of witnesses who testified against
Whiteside and Clark. Several pages of
the brief are devoted to an attempt to
prove that the conspiracy charge against
Welcome has not been substantiated 1t
is claimed that with the exception of
Whiteside's testimony the evidence is
ci~rcumstantial, and the court is asked
To test tho roNSniraoyr foat1,rp nv, tho
rules laid down in Burrill's work on cir
cEmstantial evidence. The explanation
offered of Welcomes testimony relative
to his famous interviews with Candidate
Clark is too ingenious to pass unnoticed.
1t follows:
CLARK was a candidate, SO continuing
till his election. The other was a preach
err. Clark might awe reasonably been
astounded by such an approach from
such a source. Yet had he CURLY dis
missed with or without a deserved scor-
ing the incensed clergyman might ia
influenced the unkonWn friend to vote
against Clark. He was forced to-, as he
did. get rid if this most unusual incident
in the most polite manner And his state
ment to the reverend gentleman the
next morning, there having been no
money approach by any one to him in
the meantime, Il must have your friends
vote without the least offer or negotia-
ton. shows c~onclusively that Clark had
no idea OF using money, for such, other
wise he would not V used speech ex-
cept after a successful, or at least them
begun none bargain, inaugurated by
him directly or through others. Harm
less 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 ac-
cused lawyers go over the story of the
existence of the DAILY faction" which
gave birth to the conspiracy to defeat
Clark. And we submit that the evidence
OF conspiracy to overthrow Clark is GER
tainly as strong and much stronger than
that upon which the attorney general
SO confidently axis you to find the exist
ence of a conspiracy to bride. is the OPEN
ing sentence of a dissertation upon the
conspiracy which the defense claims was
Matched UP in the scheme to defeat
Clark Then follows the story of how
the DAILY faction has sought the defeat
of Clark: how it once before defeated him
for the senate; how Daily is a rich man:
how Toole is one of the leaders how
Toole met Whiteside in Anaconda prior
to the Legislature and talked of the in
tended exposure; how Toole had the in
~vestisatins committee appointed; how
Whiteside, after the session, invoked the
aid OF the Anaconda company in his fight
on Clark in Butte: how Toole paid for at
fdavits Whiteside procured, and similar
claims advanced at the trial. AL of this
the brief says is advanced to show that
WhlteSlde and Clark were connected with
the active enemies of w. A. Clark, Then
follows an attack upon Whiteside's mo-
tives.