The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-03-28
CONSPIRACY CHARGED

By the Brief Of Counsel For the De-
Tense in the Bribery Charges Made
Again Senator Clark, of Montana.
WASHINGTON. d. c., March r.
The argument in the case of senator
Clark. of Montana. which was to have
been heard by the senate committee on
elections and privileges tomorrow has
been postponed until Tuesday of next
week on account of the enforced alb
sence of some of the members of tho
committee The briefs on both sides Of
the case have been distributed among
members of the committee.
The brief OF the defense, signed by
Hon. Charles j. Faulkner and Mr.. Rog-
er Foster, covers 2S2 pages, and Is d.
vided into discussion of the facts and
the law in the case from Senator
Clark's standpoint. The document is
throughout an arraignment of the
prosecution. 1t begins with the asser-
tion that IAN examination of this tes-
timony win confirm the most skeptical
in the belief that, those who seek to
brand a majority of the representatives
of a sovereign state as dishonest" and
as "brlbe takers" are Influenced by no
lofty purpose OF remedying an evil, nor
is 1t entered upon from desire 80
maintain the integrity of the member
ship of the senate OF the United States.
The facts shown in this record fully
justify the assertion that those who
originated this prosecution were con-
trolled only by sentiments Of the Bit
terest personal and political hostility"
at is then declared that no man who
was a candidate for the senate in op-
position to Mr.. Clark has given encour-
agement or countenance to the contest
TINT flfty-two OF the fifty-six newspa-
pers in. the state supported Mr.. Clark
and that the sentiments In the state OF
Monana is universal for Mr.. Clark,
that the leading spirit OF the protest.
ants, whose wealth has supported and
whose prejudice has animated this
prosecution, has found 1t necessary to
Invest large sums of money In the pur.
chase of the press Of the state. and in
other cases by the establishment of
newspapers with the hope of checking
and dividing the sentiment of the peo-
pie Of Montana"
DAILY is Accused.
After some other preliminary re.
marks, the brief definitely and specific
ally names Mr. Marcus Daily as the
chief instIgator of the contest and the
statement on this point is as follows:
Marcus DAILY having defeated sena-
tor Clark in 1883 for Congress and for
the senate in 1898, through treachery to
his party organization, was unwilling to
restrain his personal hostility and to
permit the voice of the people through
their legally constituted representatives
to determine the election Of their seGa-
tor and according to his testimony as
early as the 10th of February, 1899, he
organized committee of his personal
friends and agents to work up and pre-
pare case against the seating of Sen.
ator Clark by this body.
The testimony will bear out the as.
sertion that every member Of this pros-
ecuting committee was either one Of
the conspIrators In the attempt to de.
feat Mr. Clnrk's election or an employe
of Mr.. DAILY, or an adherent OF his fac
tion In the state.
In the attempt to fasten some fact
upon Senator Clark or his friends. tend.
ing to show bribery or corruption, this
sslf-oonsttuted committee has em-
ploycd every means which the unlIm-
tied use of money could command, In
cludlng the use of detectives in Mon.
tnna, in Washington and in New
York, with the view of obtaining some
corroborution OF the testimony Of the
conspIrators."
Reviewing the charges made in the
memorial in opposition to Mr. Clark, It
is claimed that ''out OF the thIrty-seven
names given OF members who were
brlbed, there is an absolute failure to
Introduce any proof OF any character
by Whiteside or any one else that they
know of any act by which twenty OF
these men were bribed, or have heard
any friends of Senator Clark In any
conversation claim that they were
bribed."
The contention "a then made that the
prosecution OF the case is the result of
q conspiracy. Former State Senator
WhitesIdes statements, 1t is claimed,
cannot be accepted as true. "becanse Of
their Improbabnlty when taken in con.
nection with uncontrolled facts"