The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-28


the 100000 libel suit of Fred White
side against the Miner Publishing COM
pany and others, but with poor sue
cess, as Mr. Clark refused to answer
all questions asked him on the ground
that they were not relevant to the
case and the notary had no power to
compel him to answer
Under the provisions of the statutes,
any party to a civil action may take
the deposition of a material witness or
party to the suit who may be absent
from the state when his testimony is
required. Under that provision, the
plaintiff gave the required five days
notice of their intention to take Mr..
Clark's deposition yesterday before A.
E. Nichols, a justice of the peace. The
hearing began at 9 o'clock yesterday
morning, but was not concluded, and
will be resumed this afternoon.
Among the interested persons present
were Mr.. Clark and his attorneys, F. e.
Corbett, j. B. Clayberg, W. NJ Bick-
ford and Mr.. Roote; Charles w. Clark,
Mr.. Whiteside and attorneys, Walter S.
Hartman and c. p. Connolly. Judge
Nichols appointed Roy S. Alley as Off
| Cldl SltilOSTdpHer, anu MI. SdCkeCL te-
| ported the case for the defendants. Be
| fore the taking of the testimony was
begun Mr.. Corbett made an objection
| to Mr.. Clark being sworn or required to
| testify on the ground that the proceed
| ipgs were without authority of law or
| order of any court, and that the pro-
ceedings would therefore be void and
| of no effect.
| Mrs. Clark was then sworn and in
| answer to questions by Mr.. Hartman,
| he said he resided in Butte and was a
| banker and mine owner. He knew the
| plaintiff and the defendants.
You are one of the defendants. the
| Miner Publishing company
Yes, SIR
who are the others
| Il don't think l can name them all.
| Alex ]. Johnston and A. H. Wethey
| are two of the directors"
| How long have you been a resident
| of Butte?''
Il moved my family here in 1873,
| though | have operated here since 1S72.'
He Remembered.
Mr. Clark said he remembered the
| last session of the legislature and the
| canvass for the United States senator
| ship, and said he was a candidate for
| the office. He wa asked how long be-
| fore the meeting of the legislature he
| opened his campaign and he said he
went to Helena on the LIST or End of Jan
| uary. 1t was generally known that he
| was a candidate for the office, but he
| took no particular or active part in it
| until his arrival in Helena.
! Did you make campaign for the
| Officer
| Mr.. Corbett wanted to know what
| was meant by a campaign, and Mr..
| Hartman said he meant a canvass for
| votes, and Mr.. Clark said he did not
10 mol fnt foe
among the Legislators, and did not So
| licit votes. Naturally he took an inter-
| est in the campaign, being a candidate.
| A number Of people, friends of the wit
ness, worked for his interest. There
was no particular organized manage
| ment, but the witness was present to
consult with his friends. Naturally a
man who has an interest of that kind at
| stake would be alert to protect and pro-
/ mote his interests
| quite a number of my friends were
there to work in my interest and to Sc
cure my election; there was no particu-
| lar organization"
| How long did your campaign last %
| From the day prescribed by the stat
| uteS when the legislature should meet
in joint session up to the day I was
| elected, on Jan. 49,"
| do you mean to say that you made
no campaign prior to the date of the
| joint session.
II said nothing of the kind. If you
| Will explain to me what you mean by
the word campaign / will try to an
| sWer your question:
''If you do not understand the mean
| ing of the word 1 cannot explain it,"
| said Mr.. Hartman.
| Mr. Clark was asked how long be-
fore the voting began he had been a
candidate for the United States sena-
torship.
I'VE will admit, If you desire it." said
Mr.. Corbett, that Mr.. Clark has been a
candidate for the office ever since the
organization of the state"
Never Sought 1t.
81 do not acknowledge" said Mr.
| Clark, that of my own volition l was
ever an avowed candidate for the
| United States senatorship. / never
sought the office, I meant to say by
that"
DO you accept the amendment
Brother Corbett?" asked Mr.. Hartman.
Yes, sir answered Mr.. Corbett.
Mr.. Clark was asked to name some
| of the friends, agents and managers
who conducted his campaign There
| was an objection to the question on the
ground that the witness had denied
| that there was any manager or agent.
| When the witness answered he men
| toned as his friends Walter Cooper, A.
j. DAVIDSON, JOn1l >. M. Neil, CnarleS
| W. Clark, W. M. Bickford and John b.
| Welcome, and said that with a little
time he could submit quite list of
| gentlemen who We're interested in his
| election, and added the names of Mr.
| Mcdonald and David G. Browne. Mr..
| Clark's offer to prepare a list of names
| was accepted. He said the gentlemen
named were friends who came Volun-
tarily to secure his election. He had
| no specific manager. The gentlemen
| were factors in his election.
| The senator was asked as to the ex-
penses of the campaign and he said that
naturally there were more or less ex-
| penses attached to all political cam
| paigns. He was then asked II the
| friends We're to pay the expenses out
| OF their own pockets or whether he
| was to reimburse them.
| MI Corbett objected to the question,
and Mr.. Clark said he declined to an
| swer the question.
., was there any expense attached TO
the campaign which resulted in your