The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-24

Washington, Feb. 23-The Clark case
before the senate committee on cleo
| tons reached an important turning
point today. The defense announced
! the conclusion of the presentation of its
| case and the first witness put on by
| the prosecution for the purpose of re-
! buttal was heard. The witness was At
! torney General Nolan Of Montana. It
! is understood that he is the first Of
/ eight or ten witnesses who viii be
! called in rebuttal. The attorneys of the
/ prosecution say they expect to con-
clude their presentation early next
week
/ Attorney General NOlan's statement
/ bore especially upon the interviews be
/ tween himself and witness Lyons. He
asserted that Mr.. Lyons told him that
ne knew that the votes Of the various
members Of the legislature had been
undUly influenced in Mr.. Clarks be-
half
Much Of the day was spent in de
batting the admiSsibility in this COnnec-
ton Of General Nolan's report of the
I proceedings of the grand jury Of
Lewis and Clark county of Montana.
It was decided to limit the questions
u1On it 10 the portion of it which had
been brought into question by wit
nesses for the defense.
c. W. Clark was recalled for a few
unimpOrtant questions and then At
toTney General Nolan Of Montana was
placed on the stand by the protest
ants, in rebuttal Of the testimony adj
duced by the witnesses for Mr.. Clark.
No Interference From DAILY.
Nolan said he had become acquainted
with Marcus DAILY in 1895 and that
while he had been in office since that
q "
attempted to interfere with him IN the
performance of his duties
Referring to the grand jury proceed
ings. 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 out enc way or the other.
The witness said that he had par
ticipated in the campaign Of 1898 in
the interest of the Democratic ticket.
The expenses of the state committee
were. he said. about $4,000, as shown
by the official 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 adnissibility before the COM
mittee which finally decided that the
testimony OF this character should
be limited to the contradiction 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
Would Shield Witnesses.
5 Mr.. Nolan testified that ne had told
T. z. Lyons that SO far as he could
do so, he would prevent prosecution Of
states witnesses for bribery but that
promise would not insure absolute I'M
mUnity.
Mr.. Nolan said Lyons said that the
Clark people had promised to pay him
$1,000 for his efforts in behalf Of Mr.
Clark for the senate, but that they
had treated him shab5ily, having re-
= fused to pay
Mr. Lyons had told him that he had
taken Senator Warner and RepreSen-
tative Luddy to Charley Clark: that
Clark had told him that Warner
wanted S15.C00 for his vote, and Luddy
$500. and that ne Clark would have
to pay it. Mr.. Nolan said also that Ly-
ons had requested privacy concerning
his relations. saying thai he was ne
gotiating with MIR. Clark for mining
lease that would nay him $500 if con-
2 summated-
D Detailing another conversation. Mt.
Nolan sad that Lyons had told him
that the 1880 for 3ir. Luddy had t5rst
- been deposited in Clark Brothers bank
, but that Luddy had grown suspicious
- and had had the money removed %.
- the Montana bank to be delivered I.
. him Huddy) upon Lyons endorsement
Mr.. Nolan also related conversation
70 with Mr.. Lyons since their arrival ~
Washington in which Lyons had de-
MED that he had made an affidavit
charging Mr.. Campbell with an effort
to induce him TO commit perjury.
r Clears Congressman Campbell.
e Mr.. Lyons says that you guaran-
? teed him that I would pay his $1,000;
I did you do that?' asked MI. Camp
[ bell
t I did not"
= Mr.. FaulknerS first question on cross
< examination was as to why Lyons had
not been put on the witness stand IN
The Welcome disbarment case.
= Because" witness replied, he would
have been disbarred before he left the
witness chair and immunity from pun
ishment so far as I could insure it was
a part of my understanding with him.
Mr. Faulkner questioned M Nolan
: | at length as to his condition al the
time of his conversation with Mr.. Ly-
| under the influence of liquor but ne
was neither boisterOUs nor irrespOns-
0 ible.
!, Whisky has a 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
ne attributed to Mr.. Lyons that money
a had been deposited in the Montana
f 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
! O.yons) $1,000 for his testimony Adj
jOurned.