The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1900-03-03
Marcus DAILY On
be u)ilness Stand

source. Mr.. Campbell had loaned hi
that amount.
The subcommittee on the papers i
Mr. K11rtz's and MIR. Boilers hands
having completed its work and report
ed that certain of the documents shoul
be examined, these gentlemen Wer
then recalled and the accounts put II
An of them related to members of tn
legislature. and were as follows:
nv Mr. KurtZ.-Stephen BywateI
s15 600. deposited March 3, 1899 F.
nav S. coo: deposited March 8. 1895
Michael ShovIin, $500, deposited
March 20. 1899. L. C. Parker, two Ger
tiffcates of deposit. $1,000 each, Febru
airy. 1899 w E. Tierney, certificate o
deposit. SHAPES. May, 1899
BY Mr.. Peller.-J. L. Jacqueth TIVE
deposits aggregating $780, in draft:
from the United States treasury. j. II
Gieger. various memoranda after Apri
- 1899. including a certificate of de
post Nav Is. 1899.
Mr.. Kurtz explained that the TierneJ
deposit was connected with the open
ing of the State Bank of Townsend
and that the money had been collected
from various quarters.
Representative Stephen Bywater OF
Flathead county, being called, said
that he had deposited the $4,000 shown
bv the accounts of the Bank of Mon
tana. as exhibited by Cashier Kurtz
He said that he had brought $4,000 in
] currency with him when he came to
| Helena. and had kept it in his trunk
during the sixty days preceding. The
other $4,000 did not belong to him, but
| had been handed to him by his brother.
! Quite a large part of these two sums
was in $500 bills
Mr.. Bywater said that he was a rail-
| road conductor with a salary of S125
per month; that he had saved some of
/ the Sc. 600 from his salary. and had sold
! cattle and mining stock for the re-
mainder. He had also bought a ranch
for s.. 900 in April, 1899.
Mr.. Bywater said that his brother
lived in the state of Washington, and
had brought him $4,000 with which to
paw for stock in the Croton Mining
company of British Columbia. The
brother had remained in Helena for
tWenty-fOur hours, but the witness said
he did not know where he had stopped.
Asked what he had paid for the prop
erty. Mr.. Bywater said that he was one
Of the original locators of the mines
owned by the company, and that the
cost to him had been 5000 or $500. He
had used the money for the develop
ment of the property.
On cross examination, Mr.. Bywater
said that he was a Republican, that he
had voted with the Republican caucus,
and that he had not received any
money for his vote for Clark.
Speaking Independently, Mr.. Bywater
said that Whiteside told him he could
get $4,000 for his vote for Mr.. Clark,
but he had told him he would not
take it, and after that had warned peo-
pie against Whiteside.
Washington. Feb. 2S.-Congressman
Campbell, principal counsel for the
prosecution in the Clark case, was on
the stand during the greater part of
the day before the-senate committee on
elections. He said that while he had
attended the primary conference of
frienGs of Mr.. Clark, which resulted in
the anti-Daly campaign, he had not
heard much of the talk, having gone
to sleep. He had given the Clark peo-
pie no formal notice when he decided
to discontinue his allegiance to Mr..
Clark, and he did not become unfriend-
ly to Mr.. Clark until he became dis
satisfied with his campaign methods.
He emphatically denied Ben Hills
statement that he (CampbelD had
opened the Bickford letter bearing
upon the prosecution of Mr.. Whiteside,
but confessed that he had advised Hill
to open it, saying that he felt it to be
so important to Whiteside to protect
him from an unjust prosecution that
he would have advised the course even
if he had been familiar with the penal
statutes, which he was not
D. r. Peeler, banker at Kalispel
Mont, was recalled His testimony was
to the effect that Representative By
water had had large package of
money containing between $4,000 and
s. coo in the safe in his (Peeler's) bank
and had taken it out previous to leav-
ing for Helena to attend the sitting of
the legislature.
He was called by the defense to ex-
plain Bywater's possession of the Sc 900
which he said he had taken to Helena
with him and kept in his trunk during
the legislative session. He had seen
Bywater put a $500 bill in the package
on at least two occasions.
When Peeler concluded, the Hon An
drew j. Campbell asked to be sworn,
stating that he took the stand of his
own volition. He is the Montana mem
Der Of the house of representative and
IS the senior counsel for the prosecu-
ton.
Mr. Campbell first related his con-
nectiOn with Thomas Z. Lyons. one of |
the witnesses for the defense. He said
that Lyons came to him, saying that
he had story TO tell, but that he
wanted $1,000 for testifying before the !
state supreme court or the senate com |
nittee. Campbell said he told Lyons !
that he could not pay him for testify |
ng, but that he would pay him for his |
work in looking up corroborative tes- |
imony.
Lyons had told him after that that |
lie had made a deal with the Clark peo- ,
Die by which they secured the votes of |
he Jefferson county delegation, in |
'luding Senator Warren and Repre- |
Luddy and Hill.
Campbell said he had advised Lyons |
not to testify in the Welcome disbar- |
nent case, believing that if he should go |
before the supreme court and relate his /
in the bribery of members
# the Legislature he would be dis !
barred Immediately.
After coming to Washington. Camp |
'ell said. he had learned that Lyons had
made an affidavit saying that Campbell !
rad offered him $4,000 to commit per-
ury. He had met Lyons after the lat
er came to Washington. and said
-yons had again urged him to put UP
1000, but / told him / could not" con-
inued the witness. Il don't know" he
dded, but that l did say that if 7
hould do such a thing it would be the
of me. / certainly did not
want TO put myself in the power of
UGH man, while l was at the same
lme anxious to secure his testimony if
hat could be honorably done"
W N1a..11 al