The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-15
THE DEFENSE BEGINS ITS
INTRODUCTION OF EVIDENCE
Three Witnesses Testify That There Is DAILY Faction
in the Democratic Party and That Clark Doesn't
Love Tt The Courts Ruling on the Admissibiity
Of Certain Testimony : Mr.. Days Little Break.
Welcomes Reputation From the Standpoint Of Ez-
Governor Toole.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena Nov. 4.-With the decision
rendered by the supreme court this
morning, the ground was cleared for
the action of the defense in the Well
come disbarment hearing, and the trial
bids fair now to progress rapidly and
uninterruptedly to conclusion.
The court was asked by the defense
to exclude from it's consideration GER
tain portions of the testimony submit
ted by the plaintiff. In Its decision this
morning the court excluded part Of that
which was asked to be excluded and
part was left in. Considerable evidence
as to conversations was ruled out as not
material, most important of these be-
ing the conversation between Whitesida
and Anderson, in which it is alleged
that Whiteside told Anderson he was
authorized to offer $25, 900 for his vote
and influence. The conversation be-
tween Whiteside and Myers was also
ruled out. but the act of the turning
over of $4,000 by Whiteside to Myers
alleged to have come from Welcome,
was allowed to stand.
The testimony of Myers as to offers
from Steele for his vote, for him to leave
the state and for him to sign 4 retrac-
tion were allowed to stand. The talk
between Bickford and Sullivan a Beai-
mouth was ruled out; but the testimony
of Sullivan as to the $4,000 offered him
by Bickford in Helena, was allowed to
stand.
Stiff's testimony was mainly ruled
out. The testimony of Berendes and
the offers of proof in regard to Hobson
and Geiger were allowed to stand.
AT o'clock p m, after the court
had rendered its decision, a recess was
taken until this afternoon, wllail the
taking of testimony for the defense be
gan in good earnest. Senators Hnff-
man and Connolly and Ex-Governor j.
X. Toole were the witnesses examined
to-day. Their testimony on direct
examination and cross-examinati tons
is given by the Anaconda Standard
complete and without comment. A rip
pie of interest was created by Attorney
Days little break. There was an argu--
nent as to the admissibility of Hoff-
mans testimony in regard to the Daily
faction, and it's doings. Day said he.
wanted to show that the DAILY people
had for years been doing the same
| things.
What same things?'' asked Justice
Piggot.
Some interest was manifested also in
| the testimony given by Governor Toole.
| He swore to Welcomes reputation for
honesty and integrity: but he subse
quently desired to qualify his testimony
| to apply only to Welcomes character
up to the time the legislature met.
| The testimony of the day seemed
mainly directed towards proving that
| there is a DAILY faction in the demo-
cratic party: that 1t is of Importance
| in the politics Of the state and that the
| fnf fn nnfta ~
| Ruling Of the Court.
| At the opening of the morning ses-
| sion Chief Justice Brantly gave the
ruling of the court in regard to the mo-
| ton to strike out which We're argued
yesterday. He said
| IN the matter of the motion that was
argued on yesterday afternoon the court
has reached this conclusions:
The motion should be sustained as
| to the conversations between Bickford
| and DIR. Minshall as to Burroughs and
Woods, that testimony being regarded
| as immaterial,
Also as to all the conversation be-
tween Stiff and Bickford about the em-
ployment of the former as attorney in
the McLaughlin matter, and in going
to and at the Northern Pacific railway
| depot at Missoula, that also being
/ deemed imnlaterial
| Also the conversation between BicIa-
ford and Sullivan at Bearmouth, the
| latter part of November or the earlier
part of December, that being imma-
| terial.
1.-THE majority of the court also is OF
| the opinion that all the conversation
between Whiteside and Anderson, as
| testified to by Anderson, should be
| stricken out.
| ''Also that all of the conversation be-
tween Whiteside and Myers, as stated
L =. chn No f,so
| that the other matters involved in the
motion be overruled.
| 1.-THE motion as to the testimony of
Berendes is overruled; and the objec-
ton to the offer in reference to Mr.
Geiger and MIR. Hobson-of the bank
| stoek-is overruled.'
i In answer to a question by the attoI-
| ney general as to the status of the
Myers testimony, the court said:
ITO make it clear we refer to the con-
| yersation between MI Myers and Mr.
Whiteside, and the balance of the evil
| dence of Mr.. Myers, touching that con-
| versation, will be allowed to stand.
4 Mr.. Nolan: taThe testimony of Myers
| receiving money remains in the rec
/ ord?''
The Court: "Yes; that remains in
| the record"
Mr. Wallace: "Then we understand
that tho act of the payment of money
| remains, DuE WHaL was Sdiu 10 Iiol q
Part Of the record-that goes out?'
The Court: THAT goes out"
MIR. Wallace said that last evening
| counsel for the accused had tried to out
line a defense, but, that it being i'm
possible for them to forecast the rul-
ing of the court, they desired until 2
p. m. TO arrange proof in accordance
with the decision Court accordingly
| adjourned until 2 o'clock.
| Defense Regins.
The first witness for the defendant
| was Senator G. w. Hoffman of Gala
tin county. He said that he has resided
IN Bozeman 80 years. He came totHel-
ena to attend the Sixth legislative ses-
| sion on the S lnday before it convened.