The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-24
CLARK CASE TESTIMONY
ATTORNEY GENERAL BE-
FORE THE SENATE COMMITTEE.
State Officer who Pushed the Disbar-
ment Proceedings Against Well
come, the Agent of Clark.
WASHINGTON. Feb. 2s-rhe Clark case

WASHINGTON, Feb. 23.-The Clark case
reached an important turning point to-day.
The defense announced the conclusion of
the presentation of it's case and the first
witness put on by the prosecution for the
purpose of rebuttal was heard. The wit
ness was Attorney General Nolan, of Mon
tana. 1t is understood he is the first of
eight or ten witnesses who will be called
in rebuttal. The attorneys of the prosecu-
ton say they expect to conclude their pre-
sentation early next week. Attorney Gen.
eral Nolan's statement bore especially on
the interviews between himself and wit
ness Lyons. He asserted that Mr.. Lyons
tcld him that he knew the votes of various
members OF the Legislature had been TN
duly influenced in Mr. Clark's behalf. Much
of the day was spent in debating the adj
instability in this connection of General
Nolan's report of the proceedings of the
grand jury of Lewis and Clark county of
Montana. 1t was decided to limit the ques-
tons upon ii to the portions which had
been brought into question by witnesses for
the defense
Mr.. Nolan said he had become acquainted
with Marcus DAILY in 1896. and that while
he had 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 pro-
ceeding. Mr.. Nolan said that he had told
the court that the $4,000 used by Whiteside
in his exposure was evidence either of
conspiracy on the part of Whiteside or of
bribery on the part of Welcome, and that
he insisted on finding one way the
other. The witness said that he had partici-
pated in the campaign OF 1898 in the inter-
est of the Democratic ticket. The expenses
of the State committee were, he said, about
5000 as shown by the official statement
Mr.. Nolan testified that he had told T.
E. Lyons that so far as he could do so he
would prevent prosecution of States wit
nesses for bribery, but that promise would
not insure absolute immunity. Mr. Nolan
said Lyons said that the Clark people had
promised to pay him 5000 for his efforts in
behalf of Mr.. Clark for the Senate, but
that they had treated him stability. hav-
ing refused to pay. Mr.. Lyons had told
him that he had taken Senator Warner and
Representative Luddy to Charley Clark;
that Clark had told him that Warner
wanted $4,000 for his vote and Luddy 81, $780,
and that he Clark would have to pay 1t.
Mr.. Nolan said also that Lyons had re-
ouired privacy concerning his relations,
Clark for a mining lease that would pay
him s, 500 If consummated.
Detailing another conversation, Mr.. No
Ian said that Lyons had told him that the
$500 for Mr.. Luddy had first been de-
posted in Clark Brothers Bank. but that
I-uddy had grown suspicious and had had
the money removed to the Montana Bank
TO be delivered TO him duddy) upon
Lyons's Endorsement. Mr. Nolan also re-
lated a conversation with Mr.. Lyons since
his arrival in Washington. in which Lyons
had denied that he had made affidavit
charging Mr.. Campbell with an effort to
induce him 10 commit perjury.
Mr.. Lyons says that you guaranteed
him that I would pay him $780, did you
do THAR asked Mr.. Campbell.
81 did not"
Mr.. Faulkner's first question on cross
examination was as TO why Lyons had not
been put on the witness stand I'm the Well
come disbarment case.
Because" the witness replied. 'he
would have been disbarred before he left
the witness chair. and immunity from pun
ishment so far as / could insure IL was a
part Of my understanding with him."
Mr.. Faulkner questioned Mr.. Nolan at
length as TO his condition at the time of
one OF his conversations with Mr.. Lyons
Mr.. Nolan admitted that he was under
the influence OF liquor but he was neither
boisterous nor irresponsible. Whisky has
4 tranquilizing effect upon me" he said
amid laughter. 1T does not make me
boisterous.'
Mr.. Nolan admitted that he had never
tried TO verify the information which he
attributed 10 Mr.. Lyons that money had
been deposited i'm the Montana Bank for
the benefit of Representative Luddy.
Mr.. Nolan denied that he had told Lyons
in Washington that he would make good
any promise that Mr.. Campbell had made
him TO pay him Lyons) $ 600 for his testi-
mony. Adjourned