The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-15
BRIBE OF 100000
Justice of the Supreme Court Of
Montana Testifies
That He Was Offered That Sum
by Clark's Friends
TO DISMISS A CASE.
Various Other Inducements Laid
Before Him,
Including a Trip to the Paris
Exposition.
Approached Time and Again by
His Family Physician.

Washington, Feb. 15.-The senate
committee on elections today resumed
its inquiries into the election of Sen
ator Clark of Montana, after a respite
of 36 hours When the committee was
called to order it developed that at
least two of the justices of the Montana
supreme court We're present, having
been summoned by the committee to
throw light upon the Welcome disbar-
ment trial.
Justice Hunts testimony created
profound impression. He detailed four
different conversations he had had with
his family physician, DR.. VIM Tracey,
of Helena, in two of which he believed
the doctor had attempted to lay before
him a proposition to bribe him in the
Welcome diSbarment case, which was
at that time before the court of which
the witness was a member. The first
of these conversations had occurred on
the 9Th of last August in DR.. Tracey'S
office. The court had then held that it
had Jurisdiction in the disbarment pro-
ceedings and he went to DR.. Tracey'S
office at the invitation of the latter
when 1 went to his Office said the
witness, DR.. Tracey invited me to a
back room. He said: 1 have a funny
kind of application which has come up
for you. The doctor then went on to
tell according to Hunts statement,
that he. the doctor, was taking an in
terest in the Welcome case which he
said he understood was not like or
binary cases in court He had been told,
he said, it was largely q matter in the
discretion of the court; continuing he
believed the disbarment proceedings
political fight and adding that while he
did not know MI. welcome he under
stood that he was a decent fellow"
Judge Hunt said that he had replied
to the effect that while there was a GER
tain amount of legal discretion permit
ted, the case would have to take it's
course just as any other case. He him
self felt that it was a painful duty be-
cause he knew Mr.. WellhouSe'S reputa-
ton, and altogether he would gladly
avoid it if he could. Dr. Tracy then
said to him, according to the witness:
Il don't suppose then there is any use
to lay my proposition before you"
Without however waiting for any for
NAL reply the witness said the doctor
had proceeded as follows:
THE 100000 PROPOSITION.
There is a party here who has got
100000 and who wants to put it up if
that case can be thrown out of court"
Justice Hunt said he was not certain
whether Dr. Tracey had used the sing
ular or the plural pronoun in speaking
of the party-not sure whether he said
he, they.
to Mr.. Tracey that not all the money
in the United and Anaconda mines to-
gether with every dollar that Daily and
Clark are both worth and that there is
in the banks would induce me to sacri-
fee my conscience to the extent of
granting any additional time in this or
any other case.
The Welcome case must go forward
just as any other case would"
Justice Hunt said he had then gone to
his home and that about $50 in the af-
ternoOn DR.. Tracey had come to his
house and sought another interview
with him saying that he understood
that one of the supreme court justices
had been secured in favor of the propo-
sitiOn which had been previously made.
To this Justice Hunt said that he had
replied that he did not believe this to be
true, as he considered both the chief
justice and the associate judge, Mr..
Piggott, men beyond reproach.
WANTED A FAIR SHOW
After this DR.. Tracey had taken a
memorandum book from his pocket and
appeared to read from it memoranda.
stating that he (the doctor) had under
stood that MF Daily had assured the
reelection of the justice. To this Jus
tice Hunt said he had replied that Mr..
Daily had never assured him of any
thing. He added that Mr.. Daily had
opposed his original election and that
the only reason for supposing that he
and DAILY were now on good terms was
found in the fact that some of their
children were very intimate. After this
DR.. Tracey had continued by saying
that all they want is a fair show and
l told him. continued the witness, that
under any circumstances they could
count upon that.
Justice Hunt said that after this Ira
cey had made an appeal to him to get
off the bench on account of his health,
he having been threatened with lung
trouble; that the doctor had told him
that if he continued he was sure to
break down as the position was very
laborious; If he would accept the propo-
sitiOn he could take a rest, go abroad
visit the Paris exposition, having Moth
ing to worry about and thus indefinite
ly prolOng his life.
Judge Hunt said that he had replied
to this, that he appreciated what the
doctor said about the desirability of
getting off the bench. but that he could
not see his way clear TO accept the pro-
position. The doctor then went away
saying that he would not have Justice
Hunt do anything which he did not
| think was right.
NOT TO SAVE HIS LIFE
The matter did not come up between
them again until Novembe IA, when
he met d.. Tracey on the street and
the latter had asked him if no change
| had come over his mind. Justice Hunt
said that he had replied in the neg
| atiVe, saying that he had supposed that
their last conversation had ended the
/ matter between them. as he would not
! swerve from his position Ito save my
! own life. or the lives of my children .
/ The doctor then said he was glad
/ that this was the decision of the judge
/ and nothing had been said of the sub
/ ject until Sunday night, February 4.
/ At that time DR.. Tracey bad asked him
/ to con1e to his (the doctor's) office late
/ in the evening. When he went in Dr.
! Tracey sh owed him what was appar-
emily copy of a telegram which in
formed him (the doctorl that some one