The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-24
CLARK DEFENSE Is ALL IN
PrOtestants Call the Attorney Gen.
eraI OF Montana in Rebuttal.

| eraI OF Montana in K ebuttal.
washington, Feb. 23.-The Clark case
before the senate committee on elections
reached an important turning point to-
| day. The defense announced the con-
clusion of the presentation of its case
and the first witness put on by the prose-
cution for the purpose of rebuttal was
| heard. The witness was Attorney Cen
eral Nolan of Montana. 1t is understood
| that ne is the first of eight or ten wit
| nesses who viii be called in rebutal. The
attorneys OF the prosecution say they ex-
| pect to conclude their presentation early
next week Attorney General Nolan 9
I statement bore especially upon the inter-
views between himself and Witness Ly-
! ons. He asserted that Mr.. Lyons told
him that he knew that the votes of vari-
| Gus members of the legislature had been
unduly Influenced in Mr.. Clark's behalf.
Much of the day was spent in debating
the admissibility, in this Connection, of
| General Nolan's report of the proceed
ings of the grandjury of Lewis and Clark
county Montana 1t was decided to limit
the questions upon it to the portions
which had been brought into question by
witnesses for the defense.
When the committee met today, Mr..
Faulkner, for the defense, announced that
he had determined to rest for tae pres
ent. There might be two or three wit
nesses to he called later, but they were
not now in attendance. c. w. Clark was
recalled for a few unimportan ques-
tons. and then Attorney General Nolan
of Montana was placed on the stand by
the protestants, in rebuttal Of the tesd-
mony adduced by the witnesses for Mr..
Clark. Nolan said The had become ac-
duainted with Marcus Daily in 1896, and
that while he has been in office since
that date Mr. Daily had never in any
way attempted to interfere with him IN
the performance of his.duties Referring
to the grand jury proceedings, Mr.. No
Ian said that he had told the court that
the $4,000 used by Whiteside In his ex-
posure was evidence either of conspiracy
on the part of Whiteside or of bribery on
the part of Welcome, and that he insist
ed on a finding one way or the other.
The witness said that he had partici-
pated in the campaign of 1898 in the IN
terest of the Democratic ticket. The ex-
penses of the state committee, he said,
were about $1,000, as shown by the Off
cial statement.
Mr.. Nolan made stenographic notes Of
the proceedings of the grand jury, which
were used before the state supreme court
and in this proceeding. Mr.. Faulkner
made A direct issue as to their admissi-
bilitv before the committee. whit finally
decided that the testimony Of this char
-
ton of specific statements of witnesses
to the grand jury as to how much they
were examined when they were on the
stand before the committee.
Mr. Nolan testified that he had. told
Mr. T. E. Lyons that so far as he could
do so he would prevent prosecution Of
states witnesses for bribery, but that
his promise would not insure absolute
immunity.
Mr.. Nolan said Lyons said that the
clark people had promised to pay him
& 90 for his efforts in behalf Of Mr.
Clark for the senate, but that they had
treated him shaBbiiy having refused to
nav. Mr.. L-sns had told him that he
had taken Senator Warner and Repre-
sentative I,uddy 70 Charley Clarq; that
81 go for his vote and Luddy 1880 and
that ne Clark would have to pay T.
Mr.. Nolan said also that Lyons hadr e
quested privacy concerning his relations
saving that nc was negotiating with M
Clark for q mining lease that would pay
him g so II contaminated Detailing an
other conversation. Mr.. Nolan sad that
1 LYONS mad tod him that the 500 for
Mr. I.uddy had first been deposited in
Clark Bros bank, bat that Lucdy had
grown SUSPICIOUS and had had the money
removed TO the Montana bank 70 f1e de-
livered TO him G.u5dyl upon Lyons en-
sorSement- Mr.. Nolan also related a con-
versatfon with Mr.. Lyons since theiT az
rived in washington IN which Lyons de-
MED that be mad made an affidavit cilarg-
inz Mr. Campbell with an effort 70 In
duce him 70 commit perjury.
Mr. Irons says that you guaranteed
hin, that would pay him S5can- Did you
do that7'' asked Mr. Campbell
y did not"
Nj Faulkner asked on cross-exa7ains-
ton as 10 why I.yozs bad not been put
on the witness stand n the Nelleorrs
Gisbs-snc1t case
because. the witness replied ne
would nave been aisea--e1 before ~ lex
,ba vft7sss chair. and t-nazaaity from
punishment. - Gar as I could insure T.
Vas part o. uly uadssszan1izg wita
him
Mr. Faulkner questioned M Moan a;
length as 20 bis conai-Aoa AZ ine tins =
,is c,nversegs9n wfth NJ Lyons NJ
N,,,as sdr,irtes rhat be was UeeeT tse