The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-27

sive in its character has been perpe-
trated by those people to accomplish
the defeat of w. A. Clark in his candi-
dacy for the United States senate? If
that is the case no explana ton has been
offered you that would exonerate you
from the duty of so declaring. For this
you We're impaneled, to perform this
act you We're selected, and so long as the
task remains unperformed there is work
for you to do.
| Il told you when you submitted this
| report to me this morning that it was
unsatisfactory. There was no escaping
| the fact that crime had been committed,
and, in possession of all the evidence
| from every conceivable source, it was
| your duty to declare who the criminal
| was, so that he could be brought to
| trial and receive merited punishment. I
| told you that the people of this state
We're watching you with patience, but
with determination; I told you that
| the honor of this state and the honor
| of this county were involved in the re-
| port which you should make and that,
| great as the responsibility was, it would
| have to be met by you with finding
which would make possible Judicial
| trial to determine the guilt of the briber
| or conspirator
! Can it be said in the light of this
$4,000, unclaimed and undemanded,
that your duty has been fully PERFORM
ed, or that this investigation should
stop? Unpleasant as the task NAV
be, it is for you to accept one theory
or the other-bribery or conspiracy
If there was no money physically be-
fore us, and if it's existence depended
upon the statements Of witnesses, then
some palliation could be presented for
q report such as / see before me IT
1 is your province to discredit witnesses
and this you must necessarily do If
you fully and honestly discharge your
duty.
EVERY participant in this affair has
been before you and testified Every
bit of evidence which was available has
| been presented to you for considera-
tion. There is no witness who has
aught to do with this alleged crime
who has not himself presented himself
damning evidence of criminality, how
can you say that you have done your
duty with a finding that there is no
evidence that would warrant you in
| requiring a public trial?
"A report of this kind will not meet
| with the demands of Justice The peo-
| pie of this state, expect something more
| definite, something more decisive, some-
| thing more conclusive at your hands.
| So long as these $4,000 now in my pos
session have an existence, so long will
the people demand an investigation
| which will investigates; so long will the
people demand the fearless performs
| ance of a public duty, and so long as
| a report of this kind is the only re-
| sponse to such a demand public duty
will remain unperformed. This $4,000
is not a myth, it has a stern and stub
| born existence, which, like Banuuo's
ghost, will not down at our bidding,
| and SO long as it is here, no report un-
accompanied by an indictment will sat
isfy me, or will satisfy the people of
| this state.
| Before courts and grand juries were
organized in this state our people had
the courage of their convictions and
had the courage and the determine ton
to ferret out and punish the criminal.
| A report of this kind indicates most
conclusively that we do not possess the
| courage or the fearlessness of our pre-
| decessors, who colonized and settled
this state. With time serving report
| pFI l.; Iii,
tice becomes farce, and it were bet
| ter far that the agencies of courts
might be discontinued as repressing
crime, and that we should again re-
| sort to the primitive methods which
gave to the early settlers of this state
an enduring fame.
| This 100000 is proof conclusive as
holy writ, as / have already stated,
| that perjury and conspiracy on the
| one hand, or bribery on the other. has
been committed, and so long as no in
| dlctment is found expressive of one
| fact or the other. so long | respectfully
| submit l am compelled and constrain-
ed to say that the jury having the
matter under investigation has not fear
! lessly, impartially and honestly dis
| charged its duty.
| Il might, if l saw fit, present to this
| court the evidence taken before YOU.
| and upon evidence thus presented de-
| mand leave to file an Indictment, such
| action on my part would be a ref1ec-
ton upon the integrity and upon the
! manhood of Lewis and Clarke county.
l have confidence in the integrity Of
| this people, and hence, instead of maxi
| ing the request indicated, | will ask
| this court in the event that you are
| still willing, to reconsider this report
presented and take up again the con-
sideration of this evidence and make
| a report. l care not whom ii involves,
talLa De-