The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-14
VEL COMES ATTORNEYS GATHERING
THEIR FORCES FOR THE FRAY

with Sullivan and the testimony of Be-
rendes.
Governor Carpenters argument last
ed about an hour. He was followed by
Colonel Nolan. The colonel said that
much or the present motion has to do
with the evidence of Or. Minshall and
with the acts of Bickford prior to Jan.
l. That a conspiracy existed in Decem-
Der there can be no doubt That Mr..
Welcome was a party to the conspir-
acy in the month of December the proof
does not say. The evidence is admissible
in this case fer the purpose of estab-
lishing the conspiracy. While it might
never be considered as determining
the guilt or innocence of the accused
The conspiracy was not for the purpose
OF corrupting specific members Of the
legislature. but by the use of money to
corruptly influence the votes of mem
bers of the legislature. Pursuant to
that conspiracy, Mr.. Welcome, through
others, paid sums of money. It is not u
question Of securing specific members.
The conspiracy goes on after the mem-
Der is secured. Evidence looking to
the corrupt Use of money is admissible
right up to the moment Of the election
of senator.
For the State.
Now, continued Mr. Nolan, DR.. Min
shall has received a letter from w a.
Clark directing him to go to Drum
mond and meet Bickford He meets
Bickford at Drummond and is request
ed to go and see Woods and Ny
ers. The proposition as to Myers Isl
that he have position as attorney for
the Bridger Coal company for three
years, provided he vote for w. A.
Clark or Joseph X. Toole. Later, N.Y.
ers receives a letter from Charles W..
Clark expressing satisfaction that he
was to be attorney for the Bridger
company and Stating that he had sent
$500 to Minshall for him as retainer.
Why was not the money sent to My
ers, if everything was all right? But
no! The money goes to Minshall, is
held by him for Il time, and finally re-
turned by Minshall to Bickford to be
by him turned back to Clark
In case of Woods too the informa-
tion obtained by Minshall is impaired
to Bickford Conspiracies are mainly
shown by circumstances. The simple
offer of money is bribery just as much
as though the money passed. Bick
ford made direct offers to Stiff and to
Sullivan. The promise of money is an
overt act. Undoubtedly we are war
ranted In assuming that in December
there was a conspiracy between Dr.
Minshan. w A. Clark, Bicl5ford and
c. w. Clark. The evidence certainly
shows that. They were in d conspiracy
to elect Clark by unlawful means. as
shown by the offers of bribes which
were made. Admitting that Welcome
was not a member of the conspiracy
in December. he became a member in
January. The conspiracy in January
is the same conspiracy as in December.
More members may be secured in Jan
uary after Welcome becomes mem
Der, but the conspiracy is the same.
its purpose is the same. Only four
were operated on in December, so far
as the testinany shows. but in Janu-
ary we find the conspiracy operating
on the members of the Legislature in
job lots. Why should the conspiracy
be segregated? Why should it be li-
vided into departments? 1t is the
same assembly, the same senator to be
elected. the same general conspiracy.
the same ultimate object. He is LA
Bile from the time of the beginning of
the conspiracy, although admitting that
he did not become a member of the
conspiracy until January. Nolan quot
ed authorities in support of this con-
tention.
Proceeding to the consideration of
the motion TO strike out the evidence Of
Anderson and Myers. Colonel Nolan
said he was willing to concede the COR
rectness of the contention of Govern
or Carpenter that Wihteside could not
y
makes the mistake in announcing that
there cannot be an agent in the cons
mission of a criminal act.
AT this point a recess was taken un-
til o'clock. t
Followed Instructions.
Attorney General Nolan resumed his
argument at the afternoon session.
Proceeding to the matter of the eX-
cusion of the testimony of Senator's
Md ND 60
Whfteside is concerned he carried out
expressly the commands given him by
Welcome. The latter told him to Cd
to Anderson and offer an EXPRESS
amount; he simply employed the lan-
guage used by Welcome; he simply
told what Welcome told him to tell.
and Welcome was simply speaking
through Whiteside; but the moment
this message had been communicated,
then Whiteside made his own propo-
sition to expose the bribery, and then
he was acting on his own volition and
not speaking for Welcome. Similar is
the situation in regard to the message
to Myers. The giving of the money
by Welcome to Whiteside for Myers
is a portion of the res gestae. The in
tervlew of Myers with Steele in tha
latters room, when Myers was asked
to sign a retraction of his statement.
is also within the scope of the conspir-
dCS DIS charged. ne SlSHIHS VI IH6
paper was not the offering of money to
a member of the legislature; but it
was an incident an act in the general
purpose unlawfully to elect a senator.
1t is. therefore, within the purview Of
this case,
In reference to the testimony of Ber-
endes, Colonel Nolan contended that Ii
is competent evidence. The possession
by Senator Warner of money in Janu-
ary with his Indebtedness in December
if alone before the court, would not be-
worthy of consideration. But this
must be taken in consideration with
the fact that money was being used
for the election of Clark and that War
ner voted for Clark. OF course, tho
defense might explain the possession
of this money in January--but until
that is done, with the evidence as
presented, it is competent. The rec
ords of the legislative assembly show
that votes were changed from other
candida tes to W. A. Clark and that
hot t11a cS;s .,@s