The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-02-23

the examination Of the Attorney General
OF Montana
It was 1920 o'clock when Senator Chand-
Ter said The committee is ready to pro-
ceed." and followed up this statement by
smartly rapping on the long council table.
Are you ready, Mr. Faulkner Are you
ready. Mr. Campbell?'' the chairman ask
ed but before either OF the gentlemen
questioned could make reply. he asked.
Mr.. Faulkner, have you any othor witness
10 put on this morning."
Mr.. Faulkner, who is counsel-in-chief
for Senator Clark said that at this point
he was ready to rest his case, though he
had two or three other Witnesses whom he
might ask 20 put on when the memorial
lists witnesses in rebuttal had been exam
ired.
Mr. Chandler then said. IF the specta-
tors will kindly let US have the room, the
members OF the committee Will consult
with counsel on both sides upon the mat
ter which we took under consideration
few days ago"
This was understood 20 mean the ques-
ton OF the Impeachment Of witnesses.
Several days ago Mr. Faulkner announced
that he would like TO call men TO impeach
the testimony Of at least three or four Wit
nesses presented by the memorialists
against Senator Clark. Representative
Campbell. opposing counsel, said that be
did not desire TO 90 into the matter Of i'm
peachment but that, II the defence we're
permitted TO go into this, the menorialists
would also ask that several impesching
witnesses be allowed them.
Charles W. clark Recalled.
At 1875 the session vas again declared
open. and Charles ". Clark, was recalled
10 the stand and examined by counsel
against Senator Clark rs TO some items OF
payment made by him as testified to yes
terday. The most important Of these was
the $4,000 given TO Mr. MCDermOJt. lie
was asked how Mr. McDermOtt had paid
out such a sum Of money before he was
.eimburscd and Mr. Clark said he had done
50 by-eheck on tYark Brothers bank Mr.
McDermott had Kept and submitted 20 him
memoranda Of his expenditures and the
witness had then drawn a check for SI3,-
600.
Attorney General Nolan OF Montana
was called by the anu-Clark counsel and
told az length Of the provisions Of the cleo
tion laws OF Montana.
The witness was asked u he knew Mar
Gus Daily. He answered yes.
Have you ever known that Mr.. Daily
has ever dictated TO any public officer in
the State or even suggested as 10 how the
duties Of his Office sbolld be performed
No. sir I have met Mt DAILY and he
never veutured TO speak 10 me about any
official duties"
Mr.. Nolan. we're you at Helena during
the Senatorial contest
4 was"
You are said 10 have been active as a
partisan OF Mr. Daily in inJimidaJing mem
bers Of the Legislature against the inter-
ests Of Mr. Clark
Il was in Helena during all the time
that the Legislature was n session 1
spoke TO only two members Of that body
about the Senatorial contest"
The witness narrated these conversations
which were OF little consequence
Upon being asked he said that he had
been called upon 20 investigate certain
charges Of bribery by reason Of the adop-
tiOn Of a resolution by the Montana Les
islature
He was asked to explain the method
employed by him in making notes Of the
examination OF Witnesses before the grand
jury OF Lewis and Clark county He said
that a part OF il was reported stenograph-
ically by questions and answers and part
" in narrative form He contended that
the reports made by him were fair and in
the main accurate.
The witness said that there is statute
in Montana authorizing the Attorney Gen
eral 10 appear before the grand jury. The
grand jury was charged by Judge Ncln-
tyre. OF the district court.
Mr. Campbell asked: Have you the
original stenographic notes.
NO sir"
Have you the original Of the notes as
transcribed
Il have. but not with me now nave
il at my room
Senator Pettus wanted TO know If the
common law relating TO grand jury secrets
prevailed in Montana
This matter. said Attorney General No
Ian. is regulated by statute.
Jury Room Secrets.
Senator Pettus asked II there was any
provision in the statute that any State Of
fcer could make public the secrets Of the
grand jury room. He desired the Attor-
ney General to state his reasons for hav-
ing presented this testimony taken before
the grand jury, 10 the Supreme Court Of
Montana.
The witness answered that tha point had
been exhaustively argued before the Su-
preme Court of the State and his position
had been sustained
Mr. Nolan was pressed by members of
the committee. several OF them indicating
a belief that the Attorney General over
stepped the limits Of the law in placing
evidence taken before the grand jury, OF
the disposal Of the Supreme Court in the
welcome disbarment trial There was a
lengthy discussion of the statutory and
common law applicable to the case. The
witness proved himself lawyer of no
mean ability in sustaining his contention
against Messrs. Hoar. Pettus, and McCo-
mas.
A learned legal dispute occurred between
Mr.. Hoar and Mr.. McComas as to the pre-
sentation of grand jury testimony in court.
The dispute came rather late. as the testi-
mony taken before the grand jury was ad-
mitted in evidence before the committee
during the early days of the hearing The
contention arose from the effoSt Of the
prosecution TO show the accuracy of the
votes he had taken before the grand jury.
| BY order Of the chairman, he was finally
permitted to proceed along this line.
Mr.. Campbell then asked Mr.. Nolan
/ about Mr.. Bickford's testimony concerning
the list Of Mr.. McLaughlin's property
MIR Nolan. have you made any effort to
find out the amounts of money expended in
the campaign Of 1898 by the State Demo-
cratic Committee"
Il have asked that information from the
! Secretary of State"
Have you his Teply?"
| Il have a telegram from him..
DO you know personally about the
amount
In a general way. ] know that it was
between s.. .000 and $4,000"
Mr.. Faulkner objected TO the admission