The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-04
THE MONTANA ENQUIRY.
Argument of Counsel on the Part Of
the McmoriaIisfs

terday before the Senate Committee on
| Privileges and Elections. There we're pres
ent Of the committee Messrs Chandler
Chairman; Burrows. Pritehard, Turley,
Harris. Pettus, and McComas. With the
exception OF members of the press the
public was excluded
The arguments were opened by Mr. Bir-
ney Of Washington. associate counsel for
the memorialists. against Senator Clark
He submitted that it had been abuadantly
proved that general corruption had been
practiced in the Senatorial campaign. and
that Senator Clark was cognizant of It.
Mr.. Clark. he said. having been de-
feated in previous efforts to be elected to
the Senate and other offices. had deter
mined in 1898 to win a seat in the United
States Senate. without regard to cost. He
was a very rich man; and he relied upon
his wealth to win the fight. He had con-
7 tributed immense amounts to that end.
Mr.. Birney referred at some length to the
testimony bearing on those points. He
quoted that of Mr.. Clark himself, which
showed, Mr.. Birney said, that he had given
$4,000 to the committee which had charge
of his campaign, and had never received
a statement as TO what had been done
with the money. Il did not ask them for
it," was Mr.. Ciark's statement. Il knew
that they (the committee) were men who
would handle the money judiciously, and
l never called upon them for any report
as to how they spent it."
The committee will see," Mr. Birney
proceeded, that on this part OF Senator
Clarks testimony We lay great stress-on
| the fact that he cloeed his eyes and
stopped his ears, and made no enquiry as
to the money which he had placed in the
hands Of that committee. He made abb
solutely no enquiry as to how they spent
| it. He gave no directions as to how they
should spend it. He closed his eyes to
! their methods and asked no questions"
Mr.. Birney said he would avoid harsh
! expressions or vituperation, but he could
not help saying that of all the witnesses
who had testified for the defence. Senator
Clark had placed himself in the most
unenviable position. NO, / will not go
50 far as that" Mr.. Blrney added by
way Of correction, for one or two of
them have made themselves absolutely
repulsive to all men of common honesty"
The attorney ccntTasted a part Of Sena-
tor Clark's testimony before the commit
tee with part OF a deposition made by
him in Montana, and he asked whether
those discrepancies and contradictions
tended to present the Senator in the light
Of a witness to whom full credit should be
given.
Mr.. Faulkner, leading counsel for Sem
atCr Clark, interfered at this point and
remarked that there was no such incon-
sistency or contradiction as Mr.. Birney
claimed
Mt Birney commented severely on the
declinatiOn by Senator Clark to produce
his original books and records, and said
that no business consideration could have
prevented him from producing before the
committee original records that might ac-
quit him Of the charge CT criminal con-
duct He (Mr. Birney) could not accept
the excuse OF an objection to disclose bust
ness operations. As to MIR. Daily. Senator
Clarks chief opponent. his testimony, Mr.
Birney argued was absolutely unchal-
lenged. As against Senator Clarks con-
tributions Of S1390O0 to committeeman Of
his own choice Mr. Daily had contributed
throughout the campaign $3.50. and had
offered access to all his books and bank
accounts for Investigation by the COM
mittee.
Contrast" Mr. Birney said. these
regular payments by Mr.. Daily TO the
county and state committees with those
secret payments made by Senator Clark
and his friends TO individual candidates
for the Legislature, and We will leave the
committee TO say which of the two men
was making the greater struggle and
which one sought the greatest return
Mr. Birney drew parallel between the
Clark case and the Caldwell case. from
Kansas, twenty seven years ago, in which
latter case according to a speech in the
Senate at the time) the talk ot corruption
was so common and 30 well understood By
every body 50 strong and overwhelming
that Just before the election a resolution
had been offered and agreed to in the
House Of Delegates calling upon members
to stand up and say whether or not they
had been bribed.
That" Mr.. Birney said fits well the
conditions here for we find that. because
OF the efforts in progress there were those
same conditions OF decentralization in
Helena when the Legislature of Montana
met in January. 1899. as there had been
In Kansas twenty-seyen years before"
On approaching the testimony of Mr..
Wbiteside the chief witness on the part
of the prosecution. Mr., Birney said that
he expected to hear Mr.. Whiteside de-
nounced as a spy and the argument made
that. being spy, his testimony was not
to be believed.
MIR. Birney 1T depen6s upon circum-
stances whether the term spy is TO be
considered a dishonorable one or not. There
have been spies in the history Of this Re-
public whom the people have delighted tc
honor Major Nathan Hale was one o!
them Patriotic citizens raise monuments
to his memory. the school children are
taught that he rendered great service tc
his country. There is no evidence that
Mr.. Nhitcside, i'm what he did had any
other motive than to render a great SER
vice to his State. and you must therefore
accord him your respect"
Mr. Birney made much OF the testimony
concerning the bribery Of Mr. Woods. a
member Of the legislature. He quoted the
letter from Senator Clarh's trusted agent"
Mr.. Bickford. to Or. Ector, enquiring as
to whether there was any mortgage or
Woods ranch or w.ether he was under
obligations Of a pecupiary nature And
having learned that there was mortgag.
OF s. 500 on Woods ranch. said Mr. Birney.
Mr. Bickford got s. coo from Charlie Clark
and gave it 10 Ector for the purpose-al-
though the matter afterward fell through
Mr. Biruey commented on the testimony
in the cases of Day. Bywater and Fine
members of the Legislature, 10 whom llrge
sums Of money had been traced which they
had not been able to account for. Day
he said had attempted to account fJr
50 900 of the amount which he had de
posited i'm d bank at Helena the day after
the Legislature had adjourned by saying
that his brother had given il tc him fer
stock. but had not been able TO say where
his brother had come from. where he had
stayed in Helena, or what had become
Of him.
Al 40 after Mr.. Burney had