Daily inter mountain., 1899-09-27
Gives Testimony in the White
sides Damage Suit
AGAINST THE MINER CO.
He Refuses to Answer Pointed QueS-
ti0ns Asked by the Plain
tiff's Attorneys.

The deposition of Senator w. A. Clark
In connection with the $780, 900 libel suit
brought by Fred Whiteside against the
Miner Publishing company, it's individual
members and the editor of it's paper for
alleged defamation of character through
the columns of the Miner during the
meeting of the Legislature last winter
was taken before Justice Nichols today.
Whiteside was represented by Hartman
s, Hartman and c. p. Connolly, while the
interests of the other side were looked af-
ter by Clayberg & Corbett, Jesse B.
Roote and w. NJ. Bickford. Mr.. Clark S
two sons, Charles and William, were
present. The plaintiff in the suit was also
on hand.
Walter S. Hartman propounded the
questions for Whiteside. He first asked
Mr.. Clark about his candidacy for the
United States senate and the answer was
to the effect that while it was generally
known that he was an aspirant for sena-
torial honors he had not sought the toga.
Friends of his, however, had advanced
his interests and looked after the details
of his candidacy.
The plaintiff then began to get down to
business by asking questions regarding
the expense Of the candidacy. Mr.. Clark
answered that nothing could be conduct
ed without expense.
II will ask you, Mr.. Clark" said Hart
man, ITO state whether or not there was
any expense attendant upon your cam
paign or canvass or organized effort made
by these friends of whom you speak
which resulted in your election to the
United States senate?'
Il decline to answer that question un-
1aCC no 1oa fs,t thn iCcr, ,ft hi; ,it
in connection with Mr.. Whiteside,' an
swered Mr.. Clark.
Hartman addressed the court on the
proposition. requesting that Mr.. Clark
be either compelled to answer or punish
ed for contempt He quoted law on the
duty and power of the justice sitting as
judicial and was ably assisted by Mr.
Connolly.
Mr.. Roote answered Mr. Hartman. He
said the justice as public official had
two classes of duty to perform, one of the
judicial brand and the other of the minis
terial order. In this case he was sitting
as the latter without power or authority
to rule upon the relevancy or propriety
of question which the witness refused
to answer, the right to compel him to
do SO being as foreign to the courts DOW
er as the law of gravitation was opposed
to the doctrine of Confucius. Mr.. Hart
man had dwelt at length upon the courts
Judicial duties, but his honor was not to-
day sitting as judicial officer.
Mr.. Connolly also spoke on the propo-
stion and was followed by Mr.. Corbett
for the other side. The latter stated that
IT the question was not answered the
other side had remedy and knew it.
When the testimony given by Mr.. Clark
was taken into the court in which the
case was to be tried the judge there
would rule upon its relevancy and if he
decided the question to be proper one
Mr.. Clark would have to answer it or
Whiteside would get judgment by default
for 100000. II understand the object of
that question: said he, warming up on
the proposition. 1T is for the purpose of
spreading out over this state in drag net
style Mr.. Clark's private affairs which is
none of the public's business He then
spoke of the action of the other side in
insisting upon an answer to the ques-
ton.
Il have no earthly right to Judge Of
the relevancy or irrelevancy of a uues-
tfon,' said the justice, and not hay-
ing that right have no power to punish
the witness for contempt The district
court does not delegate me that power
will overfuule the request to compel the
witness to answer"
Court then adjourned until 2 O'Clock.
When court convened this afternoon
Mr.. Clark was asked if his campaign for
the senate was attended with any ex-
pense.
An objection was raised on the ground
that the question was irrelevant and i'm
material with side issue that it was
no ones business whether it cost any-
thing or not.
Mr. Clark refused to answer and the
court sustained the objection
The question was then framed differ.