Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-23
NOLAN FILES
HIS BRIEF
For the Prosecution in the
Welcome Case.
SUMMING UP HIS SIDE
He Pays Much Attention to the
Fact That the Accused Did
Not Take the Stand.
EVIDENCE OF WITNESSES
As to the $4,000 Which WhiteSide
Testified to Receiving Characters
of the Men Who Gave Evidence on
Each Side.
Special to the Inter Mountain.

Helena. Mont, Nov. o3-Attorney Cen
eral Nolan in pursuance with the orders
of the supreme court to-day filed his
brief in the Welcome case, summing up
his contentious as to the guilt or inno-
cence OF the accused. He devoted about
dozen type written pages to the re-
view Of the case. Counsel for Welcome
have seven days from today in which to
reply, then Nolan has another week for
the final brief TO be filed. In the course
OF his brief Nolan claims that the ac-
cused and other '>r that conspiracy
iral acts alleged; that there was no
personal denial of the commission of acts
alleged in the answer would not suggest
suspicion as to their commissions that
the case should be submitted for determ-
nation upon the evidence without denial
is highly significant"
Continuing he says the 100000 meant
either bribery on the part of the ac-
! cused and others "or that conspiracy
through its use of the bachest and most
criminal character was inaugurated and
consummated to effect the defeat of MI
Clark.
He further says: 1T pales into insg-
nificance when compared With the mon
stfosty of the crime which would be
committed if the money in question came
from the DAILY combine and was used
to purposely etfectuate the political eX
! tinclion OF Clark.
The question of proof of authorize, ion
of tie use of money by Mr.. Clark is
claimed TO be in the evidence of Lawyer
Cason Of Butte and Chaplain Warren
The evidence of these witnesses, the brief
claims, is uncontradcted. The testi-
mony Of Whiteside as to his conversa-
tions had With Welcome when he ella M
a btp told rprta in q bGr.e had baa,l
| fixed is reviewed and commenting up
on this the brief says: Proof o. this
character cannot be affected by siaring
generalities The existence Of a Daily
combine in politics will not obvate the
effect of evidence such as was adduced
from the witnesses who testified to the
use of money by Mr.. Welcome and his
! associates 1t will not do to say in face
of evidence of this character that there
was a Daily combination in politics. The
accused and those who represent him
must go further than this for as | have
already stat ted bribery is a crime grown
diminutvely small when contrastea with
the crime which would be committed
providing this money was not the money
|, which Whiteside testified ii was but was
money placed in his possession belong
ing 10 Mr.. DAILY or some one else for the
purpose Of creating hostile feeling for
Mr.. Clark in his meritarous efforts to
secure the election to the office of United
State senator.
He devotes some space to the character
evidence introduced, asserting that the
bulk Of the evidence Of the defense was
that fhe chara cter witnesses who testified
against William Clark and Whi,eside
were no, of the high standing of those
who testified favorably for them. The
failure of the defense to ask Senator Hob
son when he was on the stand about the
Fergus county bank stock deal in which
it WAS claimed Clark furnished him
money to buy out T. &. Powers interest
in the bank, is referred to as a significant
fact
Considerable importance is sought 10 be
attached to the fact that the accused did
not take the stand. IF Mr.. Welcome
had gone upon the stand and denied the
commission Of the acts charged he would
then be in a situation to urge favorable
/ consideration of his character
In conclusion the attorney general SAYS
the case as submitted involves two theor-
les one Of criminal conduct of the ac-
cused by himself and through others in
attempting to bribe and in bribing mem
bers of the Sixth legislative assembly in
behalf of the candidacy of W. A. Clark
"Sustainng that theory is proof uncou-
tradicted that money was used corruptiy
by Mr. Clark and that rumOrs of the cor
rupt use of money prevailed generally and
that in his election starting out with a
few members by gradual accessions of
members a majority of the legislative as
sambly was secured. That to secure that
majority party lines and party fcalty
were oblitelated despite the Invocation of
fity To sustain that theory Is the un-
| political prestige to maintain party integ-
| eontradicted evidence of Messrs. Warren
/ 0'ason, Whiteside, Clark, Myers, Poin lex
| ter and Sullivan.
.To sustain the other theory is IA Va que
statement of counsel that there is in eX-
tstence and has been for years a political
aggregation known as the Daily gang
with no evidence suggestive in the remot-
tst degree Of the use of money to entrap