The sun., 1900-02-16
EVIDENCE IN TIE CLARK CASE
Montana Supreme Court Justice
Gives Some Very Sensa-
tional Testimony.
WHAT A DOCTOR PROPOSED
Witness Declares That Physician
Told Him a Fortune Was to be
Made by Dismissing the
Welcome Disbar-
ment Case.
WHAT A DOCTOR PROPOSED

preme Court Justice Hunts testimony in
| the Clark case created profound I'M
preston. He detailed four different con-
yersations he had had with his family
physician, DIR. William Tracey of Helena,
| in two of which he believed the doctor
had attempted to lay before him propo-
sition to bribe him in the Welcome dis
barment case, which was at that time be-
fore 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 disbar-
| ment proceedings, and he went to DR..
| Traceys office at the invitation of the
latter.
| when l went to his Office" said the
witness, "Dr. Tracey invited me to
back room. The doctor said, 1 have
funny kind of proposition which has
come up for you.' The doctor then Went
on to tell him, according to Judge Hunts
statement, that he 1.-THE doctor) was tax
| ing an interest in the Welcome case.
| which, he said, he understood was not
| like ordinary cases in court. He had
| been told, he said, that it was largely a
matter in the discretion of the members
| OF the court, continuing that he under
political fight largely, and adding that
| while he did not know Mr.. Welcome, he
understood that he was decent fellow.
Judge Hunts Reply.
Judge Hunt said that he had replied to
all this to the effect that while there was
d certain amount of legal discretion per-
mitted the case would have to take its
course, just as any other case. He him
self felt that it was painful duty, be-
cause he knew Mr.. Welcomes repnta-
ton. and, altogether, he would gladly
avoid it if he could. DR.. Tracey then said
to him, according to the witness, Il don't
suppose, then, there is any use to lay my
proposition before you" Without, how
ever, waiting for any formal reply, the
| witness said the doctor proceeded as fol
lows: "There is party here who has
got 100000 and who wants to put il
up if tha& case can be thrown out OF
court"
Justice Hunt said that he was not Ger.
tain whether DIR. Tracey had used the
| singular or plural pronoun in speaking
of the party-not sure whether he said
he or they" Justice Hunt said that
he had replied to Mr.. Tracey that ''not
all the money in the United and Anacon
da mines together, with every dollar that
| DAILY and Clark are both worth and that
there is in the banks, would induce me
TO sacrifice my conscience 10 the extent
of granting an additional time in this oil
any other case. The Welcome case mus
80 forward Just as any other case
| would Justice Hunt said he had ther
gone to his home and that about $50 il
the afternoon DR.. Tracey had come tc
his house and had sought another inter
| view with him, saying that he under
, stood that one of the supreme court jus
tices had been secured in favor of the
\ proposition which had previously beer
made.
Deemed Them Incorruptfble.
To this Justice Hunt said that he had
| replied that he did not believe this to be
| true, as he considered both the chief jus
| tice and the associate judge, Mr.. Pig
| gott, men beyond reproach. After this
| DR.. Tracey had taken a memorandum
| book from his pocket and appeared t.
| read from it a memorandum stating that
he (the doctor) had understood that Mr.
| DAILY had assured the reelection of the
| justice. To this Justice Hunt said he
had replied that Mr.. DAILY had never as
sured him of anything. He added that
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 We're very intimate. After
this, DIR. Tracey had continued by say
ing that all "they want is a fair show
| and | told him, continued the witness
| that under any circumstances they could
| count upon that
Justice Hunt said that after this DIR
| Tracey had made an appeal to him to gel
| off the bench on account of his health, ht
having been threatened with lung
trouble; that the doctor had told him that
| il he continued he was sure to break
| down as the position was very laborious
| if he would accept the proposition he
| could take a rest go abroad, visit the
! Paris exposition, have nothing to worry
about and thus indefinitely prolong his
life.
In answer to questions from the mem
bers of the committee Justice Hunt said
he thought DR.. Tracey had mentioned
Senator Clark's name in the first conver-
sation when he had spoken of the Well
come case as merely political fight be-
tween Mr.. Clark and Mr.. DAILY. He had
first related the fact of the, propositions
being made to him on the night of Aug.
s. when his associate, Justice piggott,
had come to his house and related that
he had been approached on the same day.