Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-16

WASHINGTON, D. c., February 10.
The testimony to-day In the Clark
case made a profound impression.
Edward B. Coyne, judge Of the county
court OF Livingston county, New York,
testified concerning a conversation he
had in New York city last October with
Mark Hewitt, a witness for the prose-
cutton in this case. He said Mr.. Hew-
lit had spoken Of the Welcome disbar-
ment case, and in response to an in
quiry had said that Welcome did not
stand a ghost of a chance" and would
be disbarred. He said that it did not
make n difference whether Welcome
was guilty of the offense charged, as
Daily owned the court, and the case was
being conducted with a view of getting
testimony in the Clark case that was
to come before the United States Sem
ate. The DAILY people were, Mr.. Hewitt
was represented to have said, deter
mined to defeat Clark and would not
stop at anything to accomplish the re-
suit. The witness also had expressed
the opinion that DAILY had put up the
$4,000 used by Mr.. Whiteside in his
exposure.
Justice Hunt, of the Supreme Court
of Montana, then detailed four nver
sations he had had with his family ply
stefan, DIR. William Tracey, OF Helena,
- @rr0 - ~rAtol L. h01i@rnnI 4La dAnfnn
had attempted to lay before him a prop
Osition to bride him in the Welcome
disbarment case, which vas at that time
before the court of which the witness
was a member. The first of these con-
versations had occurred On the fifth of
last August in DR.. Tracey's Office. The
court had then held that it had Juris-
diotion in the disbarment proceedings
and he went to DR.. Tracey's office at
the
Invitation of the Latter.
when 1 went to his office" said the
witness, "Dr. Tracey invited me to a
back room. The doctor said: L have
a funny kind of a proposition which
has come up for you"
The doctor then went ON to tell, ac-
oording to Judge Hunts statement, that
he (the doctor) was taking an interest
in the Welcome case, which he said
he understood was not like ordinary
cases in court. He had been told, he
said, that 1t was largely a matter in
the discretion of the members Of the
court, continuing that he understood the
disbarment proceedings to be a political
fight largely, and adding that WHILE he
did not know Mr.. Welcome he Under
stood that he was a decent fsllow.
Judge Hunt said that he had replied to
all this to the effect that while there
was a certain amount of legal 6iscre-
ton permitted, the case would hive to
take its course just as any other case.
He himself felt that it was a plinful
duty because he knew Mr.. Welcomes
reputation and altogether he would
gladly avoid it if he could. DR.. Tracey
then said to him, according to tho wit
ness.
II don't suppose then there is any
use to lay my proposition before ytu."
Without, however, waiting for any
formal reply the witness said the doc
tor proceeded as follows: There is a
party here
Who Has Got 800, 900,
and who wants to put it up If that case
can be thrown out of court"
Justice Hunt said that he had replied
to Mr.. Tracey that mot all the money
in the United and Anaconda mines, to-
gether with every dollar that DAILY and
Clark are both worth, and that there
is in the banks, would induce me to
sacrifice my conscience to the extent
of granting an additional time in this
or any other case. The Welcome case
must go forward just as any other
case would"
Justice Hunt said he had then gone
to his home, and that about $50 in
the afternoon, DR.. Tracey had come to
his house and had sought another in
terview with him, saying that he I'M
derstood that one of the Supreme Court
justices had been secured in favor of
the proposition which had previously
been made. To this Justice Hunt said
that he had replied that he did not be-
lieve this to be true, as he considered
both the Chief Justice and the Asso-
ciate Judge, Mr.. Taggott, men beyond
reproach.
Justice Hunt said that after this DR..
Tracey had made an appeal to him to
get off the bench on account of his
health, he having been threatened with
lung trouble; that the doctor had told
him that if he continued he was sure
to break down. as the position was
very laborious; if he would accept the
proposition he could take a rest. go
abroad, visit the Paris Exposition.
have nothing to worry about and thus
indefinitely prolong his life.
Judge Hunt said he had replied to
this that he appreciated what the doc
tor said about the d~esirability of get
ting off the bench, but that he could
not see his way clear to accept the
proposition. The doctor then went
away, saying that he would not have
Justice Hunt do anything which he
did not think was right
Mr.. Faulkner, on behalf of Senator
Clark, made a formal motion to strike
the testimony of Justice Hunt out of
the record because it had failed to
connect the name Of MI. Clark with
the proceeding and was entirely collat-
eral.