The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-25
MARCUS DAILY IS DEFENDED
WITNESSES SAY HE USED NO
MONEY AGAINST CLARK.
Took No Part in the Campaign, Had
No Candidate for the senate and
Never Tried in Any Manner TO In
nuence the Acts of Legislators.


WASHINGTON, Feb. Ex-senator Clark
and Marcus DAILY. the rival mlllionaiFes OF
Montana, faced each other during the
greater part of today In the senate COM
mittee on elections in the investigation OF
C1ark's election TO the senate of the Uni
ted States.
MiIIionaires Are Unrumed.
Mr.. Clark sat in the rear of his attorneys
and Mr.. Daily on the opposite side OF tho
room. Mr.. Daily wore pleasant smile
throughout the day. and Mr.. Clark main
tanned an unruffied countenance. II had
been expected that Mr.. Daily would be call
ed to the witness stand during the day,
but he was not. The day was given up to
J. r. Toole, close friend OF Mr.. Daiy.
Mr.. Toole's testimony covered the sem
atorial contest from the DAILY side CT the
question. He also related many particu-
lars concerning the capital contest. plac-
ing the total expenditure In behalf Of Ana
conda in that contest at from $4,000 10
s45o, ooo
Hon w. @. Conrad also testified during
the day He was a candidate for the rem
etc in opposition TO Mr.. Clark. He said
that he had spent no money in the senator
ial campaign proper.
Nolan's Letter to Campbell.
At the beginning OF the session Attor-
ney General Nolan took the witness
stand. He read letter he had written
10 Congressman Campbell last fall. prom
Using immunity from prosecution to such
as might testify to bribery. as go-be-
tweens during the session of the legisla-
ture. He said In the letter that he had
conferred with the governor and that in
case OF prosecution and conviction the
governor would exercise the pardoning
power.
There Was No Conspiracy.
Referring to the whiteside exposure.
Mr. Nolan said the people OF Montana
did not believe there was any conspiracy.
Tho afr was so fun OF evidence OF brib-
cry" he said; you could cut II with a
knife
Friend of Days Testfnes.
John II. Toole. OF Anaconda. next
called. He Is regarded as a confidential
friend of ar. Daily and is a member
Of the Montana Legislature He said he
was interested with DAILY In mining and
had since the LIST OF June last been under
salary from him in connection with their
mining enterprises. He also said he con-
sidered he had Mr. Daly's confidence in
political matters and knew the latter's
plans. Notwithstanding this fact he had
as member OF the legislature In 1898
voted for Clark. Indeed, he had
never known Mr. DAILY to sock Office
or try to influence the course of his
friends. Last winter when he had told
Mr.. DAILY that some members wanted to
cast their votes for him for the United
States senate Mr.. Daily had replied:
Il authorize you to say that / do not
want my name presented to the Iegisla-
turs for vote. either complimentary or
otherwise
DAILY DID Not influence LeGfsIation.
Nor had he ever known OF Mr. Days
yeavr rsffr ~ it.At
primary or other election, or state county
or city convention. Speaking Of the cam
paign OF 1895. Mr.. Tooie said he had been
a member OF the executive committee:
that not to exceed $4,000 was subscribed
for the state campaign. and that the Clark
psople had held no meetings out of Silver
Bow county
The general understanding then was
that the Clark movement was entirely in
the interest of Mr.. Clarks candidacy for
the senate.
DAILY Had No Candidate.
Mr.. rooae also said Mr. DAILY had no es-
pscfal candidate for the senate. being will
ing to accept the nominee OF the Demo-
cratic caucus. Mr.. Days friends, how
ever. opposed Mr. Clark principally be-
cause OF the charges of bribery with which
tho air was filled for a month before the
meeting OF the Legislature.
No Money Used Against Clark.
The witness said he had never entered
into conspiracy to defeat Mr.. Clark for
the senate.
when did you FIRST see the 5000 used
by Mr.. whiteside in his exposure?" he
was asked
Il hrst saw II when the legislative in
vestigation committee, of which / was a
member. met"
did YOU give any of that money or
know OF any being given by Mr.. Daily or
any OF his friends TO defeat Mr.. Clark for
the senAte7"
mo, sir; can't find words strong
enough for a proper denial OF the impuia-
tons, IL II an outrage"
"Do you know % any money being put
up by Mr.. DAILY or any OF his friends TO
defeat Mr. Clark in any other eonnee-
tionT'
u certainly DO not"
Mr.. Tooie related n conversation with
Mclaughlin az the beginning OF the legls-
,sture. in which Mclaughlin told him he
was going TO vote for Mr.. Clark. as It
was matter % bread and butter for
MS family" He denied tina. there was
any DAILY or distinctively an;i-Clark lobby
tn Helena during the session Of the iegls-
lature. The friends Of Conrad. Mats and
others were lost" he said. '1n the Clark
lobby. That IL al pipe dream"
II Mr.. Conrad spent any money IN tho
interest OF hts candidacy he CToole) dsa
not know Il.
MI. DAILY had not. according 20 witness,
dreamed when the legislature me, that
| Clark would be elected.
4 never saw so strong an opposition
moved down hy money" he said.
On cross-exsmlnRtion Mr.. Faulkner tried
| 20 draw out a concession from Mr. Teole
! 20 the efect tina Mr. DAILY had closed out
| the boarding houses and stores not sup
| posed to be friendly to Mr. DAILY The
witness asserted. on the contrary. that Mr..
I DAILY had bulk a model boarding house on
a large scale FOR his worxmen. syorSling
] them better accommodations a. lower rates
than other places. H. was. az course, a
| common thing fer discharged men 20 make
| charges against Mr.. Daily Stii. 4 vas true
| that he was the friend OF the lahortnE
men. standing often between them and a
| reduction % wages
Contest over the Capital
| NJ Toole was questioned concerning the
! contest over the location OF the state cap
Ith He said he had been a member az
I the committee having IN charge the IN
I - a.. that