Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-05
THE CLARK CASE OPENED
Beginning the Investigation Before. the
Senate Committee.
Arguments by Counsel on Both Sides
Dispute Over the Admission
of Testimony.

The Senate committee on privileges and
elections today began its investigation of
the charges of bribery made in connection
with the election of Senator Clark of Mon
tana. The proceedings were begun by ar
guments from counsel on both sides. Mr..
Clark himself was present with his coun-
se., former Senator Faulkner.
Ex-senator Edmunds appeared as leading
counsel for the compartments. making the
first statement, in support OF, The memorial
presented against Mr.. Clar RIA 4{e said the
compliments expected to Be Able to prove
all the charges made and to show that MIR.
Clark's election was obtained by the liberal
use of money, and that large sums of
money were furnished to this end by Clark.
He believed that the expenditures could be
traced to Mr.. Clark with due effort on the
part of the committee. He said he and his
associates would ask to have a good many
witnesses summoned.
Mr.. Edmunds also said that the COM
plainants expected to prove all the charges
made, and in dong would enter quite
thoroughly into the Whiteside libel case.
showing that when Senator Clark had an
opportunity to appear IN court he had re-
fused to answer any material questions.
Testimony Before the Grand Jury.
While Mr.. Edmunds was making his
statement a question arose concerning the
admissibility of testimony taken by the
sI6iilu jury VI LEWIS dilu COuHlS'
in which connection Senator McComas took
occasion to intimate that he would hesitate
to admit statements purporting to violate
the secrecy of a grand jury room.
Replying, Mr.. Edmunds said the notes on
the grand jury proceeding had been made
by Attorney General Nolan, and had been
presented and received by the Montana
court in the disbarment proceedings against
John B. Welcome.
Mr.. Hoar suggested that the testimony
4 l. ,s1,,,f- tod tl1 firyon 0rtI 9
relevancy determined upon the final deci-
sion of the case.
This brought out a spirited protest by
Mr. Rogers Foster of New York, who APP
peared as one of the counsel for Mr. Clark.
He urged that such a course was contrary
to the presidents of the committee; that
Mr.. Nolan was personally antagonistic to
Mr. Clark. and that at best the testimony
was ex parte. Such a document was no
more evidence than an Indictment would
be. Mr.. Clark was not to be expected to
defend his character, but his right to a
seat in the Senate. Referring to the Mon
tana supreme court. he said there was poll
tics there as well as elsewhere in the state.
He insisted thai Mr.. Clark should have a
right to face and cross-eXamine all wit
nesses.
Ex-senator Faulkner made the formal
statement on behalf of Mr. Clark He read
his statement, dwelling upon the impor-
lance OF the questions involved. He re-
viewed the politics of Montana referring
to the DAILY gang and the Clark faction
In the democratic politics of the state. 1t
Is, ne SAID an acknowledged fact that the
opponents of Mr.. Clark in the state had
determined to prevent his political prefer
ment regardless of all the proprieties. 1t
would be shown that notwithstanding that
charges We're made of bribery against some
my persons. Including thirty-eight mem
befs OF the legislature, there had been no
proceedings against any of them Tins in
VOWED in any of the Montana courts. This
wa, wa evldence that the present proceeding
was not sustained by public sentiment.
The Prosecution Denounced.
ne sald: The prosecution was conceived
IN TIE womb of personal malice. rocked in
the cradle OF personal hate and nourished
upon corruption and jealousy" All the
members of the legislature committee We're
opposed to Mr.. Clark. Outlining the de-
iense MI Faulkner said it would show that
the proceedings against Mr. Clark had.
really had their origin in the senatorial
contest in 1893. when the idea of springing
a prete nded exposure of Mr. Clark upon the
legislature was conceived by the DAILY far
ton, and that the leader of the faction had
turned prophet in December, 1895 and de-
clared that IF Clark showed his hcad
something would be heard to dron and
that he would drive Clark out of the state "
AT this point Mr.. Edmunds interposed a
remark to complete the quotation, as he
Sald. or some of them into the peniten-
tiary.1
Retortlns, Mr.. Faulkner said a year had
elapsed and there had as yet been no effort
to that end.
Other points of the defense wern o,,+
lined, and the statement was made that II
necessary each charge against the senator
Will be met by direct and positive proot
of its falsity.''
After hearing these preliminary state
ments the committee held an executive ses-
SON TO decide upon the status of the pa
pers before it, but after considerable dis
cuSSion on the point adjourned without ac-
ticn The hearing of testimony will hagin
tomorrow.