The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-17
The Defendant Was Not Put Upon the Stand to Deny
the Charges Brought Against Him-And There
Were Other Very Notable 0mis-
sions Made.
STORY OF AN INTRIGUE WHICH DIDN'T WORK

defendant was next on the stand. He
said he is So years old and lives in
Butte. He has lived in Butte since
1887. He is well acquainted with Well
come and was formerly his law part
ner The partnership was dissolved in
1897. His acquaintance with Marcus
DAILY has been casual. They nave been
opposed on political matters.
Did you meet Mr.. Daily in December
in New York city?'
"Yes."
AT what timer"
mot earlier than the 23d and not
later than the 26th, eliminating the
25th, as / know the conversation was
not on that day 1t was at the Neither
lands hotel about $50 in the evening. /
had a talk with Mr.. Daily in regard
to the senatorial election in Montana.
There was some opening talk on Mon-
tana politics and Mr.. DAILY told me, SUB
stantially, in answer to question from
me as to whether he was going to
Montana to attend the meeting of the
Montana legislature. He said: No
I'm not going out there. ! am out of
Montana politics. But my friends in
sist on keeping up the fight. 1t is not
necessary for me to go out there. EV-
erything is all fixed. And if Clark
shows his head in that legislature you
will hear something drop and he will
is concerned, and somebody will go to
the penitentiary.' That was substan-
TALLY what he said and the conversation
closed"
On cross-examination Mr.. Corbett
said that he did not stop at the Hotel
Netherlands, hut went there occasional
ly for mail and kilograms. Mr.. Corbett
repeated for Mr.. Nolan the conversa-
tion he claimed to have had with Mr..
DAILY. He said the expressions, THE
whole things fixed,' "and If Clark
shows his head and he be even nomi-
mated you folks will hear something
drop that will drive Clark and his
friends out of politics in Montana for
ever and put Some Of them in the penl-
tentiary," were Mr.. Daly's exact lam
guaEe.
Nothing was said about s3ooo0?"
+ No"
'Nor about whiteside being em-
ployed?"
No"
On MISREPRESENTATION Mr.. Corbett
stated that Daly'S manner was em-
phatic and at the close he brought his
hand down hard on the table. AT Mr..
Dalys invitation he had gone into a
little room and they We're drinking at
the table. 1t was a public room in the
hotel. Mr.. Daily had started the sub
| ject of Montana politics and Mr.. Daily
| having run for the legislature in Sill
| yer Bow county and he was sorry that
| he had to beat him. Mr.. DAILY also
spoke of his having made speeches over
in Butte Mr.. Daily said he had been
informed by his close advisers that the
witness was not authorized to make the
statements he did about himself, the
company store, etc. Mr. Daily said he
| had been asked to send speakers out
| to contradict that, but he had not done
80. The witness said Mr.. Daily was III
| the habit of striking the table with his
hand when in earnest.
"Is he usually in earnest?' ..,.
"I think in a conversation about
| Clark he is always in earnest?'
He Knew Clark.
F. w. Allen of Virginia City, a store
| keeper, said he is acquainted with viii
A. Clark of Virginia City and Las
known him for six years.
| do you know his reputation FOL
truth and veracity in the community
where he lives?'
\ yes"
rs it good or bad?"
| Rather bad"
From what you know of him would
you believe him under oath?'
'sI don't know That is hard ques'
| ton to answer. A man might tell the
truth on the stand where he wouldn't
! otherwise"
| BY Nolan:
| Whom have you heard talking about
Clarke"
Il heard Colonel Galloway"
"He is here as witness, is he not?"
II believe he is"
who else?"
/ II don't remember just now
when did you first hear Mr.. Clark's
character discussed?"
| Several years ago.
"Where?"
I'm Virginia City"
who was it discussed by?"
| II don't remember"
Where did you hear Galloway dis,
cuss his character"
Several different times.''
"Who asked you to come here as 8
witness to testify as to the bad char.
acter of Mr.. Clark?"
Mr.. Fine
when was that"
| Last Monday"
! Mr. Clark on different occasions has
attempted to collect bills from you?"
mo, sir"
DO you mean to say he has neve,
tried to collect bills from you that you
refused to pay?"
| mo, sir
DR.. LIE Roy Southmayd was the next
He lives in Virginia City and has lived
in Montana all his life except eight
years. He was with the Montana regi-
ment in the Philippines. He had known
Will A. Clark since he was small boy
and they attended the University OF
| Michigan.
Are you acquainted with Clark's
reputation in that community?'
| Yes"
rs it good or bad?"
| Bad"
DIR. Southmayd.
| On cross-examination DR.. South
mayd said he could not remember just
| when he learned that Clark'S renuta.