Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-15
SC0RNED THE OFFER
Justice Hunt Of Montana Tells of
Attempt to influence Him.
TESTIMONY BEFORE CLARK COMMITTEE
Family Physician Urged Him to
Leave the Bench.
WELCOME CASE INVOLVED

WELCOME CASE INVOLVED
The Senate committee on elections today
resumed Its inquiry into the election of
Senator Clark of Montana, after a respite
Of thrty-six hours. When the committee
| was called to order 1t developed that at
least two Of the justices of the Montana
supreme court were present. having been
| summoned by the committee to throw light
| upon the Welcome disbarment trial.
Justice Hunts testimony created a pro-
found impression. He detailed four differ
| ent conversations he had had with his fam
| lily physician. DR.. William Tracey of Helena.
| in two of which he believed the doctor had
i attempted to lay before him a proposition
| to bride him in the Welcome dfsbarment
case. which was at that time before the
court Of which the witness was member.
The first of these conversations had
CURED on the 9TH Of last August. in DR..
| Tracey's office. The court had then held
| that it had jurisdiction in the disba rment
proceedings, and he went to DR.. Tracey's
I Office at the Invitation OF the latter.
| when / went to his Office" said the wit
ness. DIR. Tracey invited me to a back
room. The doctor said: 4 have a funny
kind Of proposition which has come up for
| you" - e..
| The doctor then. went on to tell him.
| cording to Judge Hunts statement. that he
dhe doctor) was taking an interest in the
Welcome case. which he said he under
| stood was not like ordinary cases in court
He had been told. he said. that it was
| largely a matter in the discretion of the
members of the court. Continuing he said
| that he understood the dlsbarment proceed
| ings to be a political fight largely and add
| ing that while he did not know Mr.. Well
come. he understood that he was decent
| fellow
Judge Hunt testified that he had replied
to all this to the effect that while there
| was certain amount Of legal discretion
permitted, the case would have to take its
| course. just as any other case. He himself
| felt that 1t was painful duty. because he
| knew Mr.. Welcomes reputation. and, alto
! gether. he would gladly avoid it IL he could.
DR.. Tracey then said to him, according to
| the witness: Il don't suppose, then, there
is any use to lay my proposition before
you"
Without. however waiting for any formal
! reply. the witness said the doctor had pro-
| ceeded as follows: There is party here
| who has got 100000, and who wants to put
| 1t up II that case can be thrown out of
| court 4"
Justice Hunt said that he was not certain
whether Dr. Tracey had used the singular
| or the plural sprenoun in speaking of the
| party-not sure whether he said he or they.
| Justice Hunts Reply.
Justice Hunt said that he had replied to
| Mr.. Tracey that mot all the money in the
United States 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 addi-
| ttonal 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, andathat about $50 in the afternoon
DR.. Tracey had come to his house and had
| sought another Interview with him. saving
Ia hat of h.ac
| court JUSTICES had been secured In favor
| of the proposition which had previously
been made.
To this Justice Hunt replied that he did
not believe this to be true. as he considered.
| both the chief justice and the associate
Judge Mr. oPiggottii men beyond reproach
After this Dr. Tracey had taken a MEM
| orandum book from his pocket and APP
| peared to read from 1t a memorandum stat
ing that he (ths DOCTOR had understood
| that Mr.. DAILY had assured the reelection
of the justice. To this Justice Hunt said
he had replied that Mr.. DAILY had never as
sured him of anything. He added that
| Daily had opposed his original election and
| that the only reason for supposing that he
| and DAILY were now on good terms was
| found in the fact that some Of their chill
| dren were very intimate After this Dr.
| Tracey had continued by saying that all
| they want is a fair show. land told him."
! continued the witness that under any
circumstances they could count upon that"
Urged to Retire.
| 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 IL he continued
! he was sure to break down, as the position
| was very laborious: If he would accept the
| proposition he could take rest, go abroad,
| visit the Paris exposition have nothing to
| worry about, and thus indefinitely prolopg
| his life.
Judge Hunt said that he had replied to
| this that he appreciated what the doctor
| said about the desirability of getting off the
| bench. but that he could not see his way
clear to accept the proposition. The doc
| tor then went away, saying that he would
| not have Justice Hunt do anything which
| he did not think was right
| The matter did not come up between them
again until November IA. when ne met DIR.
| Tracey on the street, and the latter asked
| him II no change had come over his mind.
| Justice Hunt said that he had replied In
the negative, saying that he had supposed
| that their last conversation had ended the
| matter between them, as he would not
| swerve from his position ito save my own
life or the lives of my children" The doc
| was the decision Of the judge. and nothing
| had been said concerning The subject until
| Sunday night. February 4.
l. DR.. Tracey Wanted a Dental
At that time DR.. Tracey had asked him to
come to his the doctors) Office late in the
evening. When he went in DR.. Tracey
showed him what was apparently copy Of
telegram. which informed him {the doc
tori that some one had told the Senate COM
| mittee in Washington that the justice
| would testify before the committee that
| DR.. Tracey had offered him a bride of
| 100000 in the Welcome case. The doctor
| then said to him: You know I never Of
| fered you bribe. and that l was only jok-
| ing in our conversations concerning the
| Welcome case. You know had no 100000
| with which to bride you, and l am not one
| of that kind of fellows"
Justice Hunt Said he had replied to DR.
| Tracey that he wished he could believe that
| he was only joking, but that he could not
put that construction his proposition.
| He did not, however believe that Dr. Ira
cey meant,t to aeahally brfbe him, but simply
to lay ths1propesit1on before him.
| In answer to questions from the members
| Of the committee, Justice Hunt said he
| thought pr. Tracey, had mentioned Senator
Ciark's name in the first conversation when
he had \spokAa Of the Welcome case as