Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-16


strong effort made by the senators from
Alabama, Maryland. Kansas and North
Carolina. at the beginning OF the in
vcsIieation, to exclude all the irrele-
vent testimony, but their efforts were
unavailing.
ALL KINDS OF TESTIMONY.
1.-The result of the admission of all
kinds OF hearsay. Irrelevant, malicious
and perjured testimony" he continued
was damaging in the extreme to the
respondent, as through the medium OF
both the respectable and venai press
the most widespread publicity was
given throughout the land to some OF
the pernicious falsehoods, touching the
respondent and likewise n large num-
Der of most eminent and upright legls-
lators who supported him and who were
the peers OF the boosted men of any
State in this Union.
The prevailing theory of presumpt-
i've innocence was largely ignored, and
the entire proceedings were closely an
alcgous to the Dreyfus case. where the
prosecution was based OH presump
ton of guilt. Precedents established
since 17S5 have been lightly considered.
IL not entirely diSregarded. II has here
tofore been held that there must be
proved actual completely of fraud on
the part of the principal or actual. not
ITsSulnDIlNe, hUCWlSuBe OF corruption
on the part OF his agents, or that 1t
must be proved, not inferred. that a
sufficient number of legislators have
been corruptly Influenced to change the
result of the election.
''As to the first proposition, no proof
was adduced that was accepted by the
committee and no charge of completely
has been made in the report.
"As to the second proposition. not in
single instance, In my opinion. or In
the opinion OF the eminent counsel who
aided me in this inves; ;gation. has there
been any proof sufficient TO establish
the guilt of Il single legislator. On the
contrary. positive evidence has been
elected in every case where the respon-
dent was allowed to introduce tcst-
mory that no consideration was given
or received. or promised. nor any con
sidcration made TO secure vote for the
respondent
In order to change the result OF the
election 1t would be necessary TO cstab-
FISH that eight members OF the Legislu-
ture were corruptly influenced
Much stress has been laid upon the
comparative financial condition of two
or three legislators before and after the
Senatorial contest. These men gave full
explanation Of the circumstances and
conditions relating to such matters.
The presumption Is that II their tinan-
c!al condition was better they ACQUIRED
II innocenuy. This is plain PROPOSE
ton OF law and the burden of proof did
not rest uoon them. From their well
known character 1 do not believe them
uishonest. and even If they were it
must be remembered that there was
much legislation before that Assembly
involving millions of dollars. in which
some of the memoriaiists were deeplv
Interested. and although they apuear
mere as apostles OF purity it is well
I'm
10 test the probity of every man in the
most INSCRIPTIONS manner to promote
their own interests
rhey were actively engaged I'm nre-
venting the revision of the Infamous
election law enacted at their instance,
when me honest people OF Montana
Werc endeavoring to correct with re-
gard TO the cross in the circle. by which
lhese people have been enabled to CO.
cree very man in their employ into
casting his ballot to suit their wishes
Ihey We're also deeply interested in
u1teiuPtins the repeal of law re-
curing safety cages In every minn
which law they have totally disraeard'
ed. IL is charged that many lives have
Deen lost by reason OF this disregard OF
the law"
re sharply criticised the committees
innings in detail. and attributed his
defeat for Congress In 1883 to Marcus
ioreVer destroy my political influence"
re introduced an original affidavit
py George E. McGrath who saws Dnly
toId MIN the only effective course open
10 force his tClark's) retirement was
10 charge Clark morning. noon ana
NiSht win bribery: to have the DAILY
men IN the Legislature procure money
from the Clarke people and then ex-
pose the bribery. and later suggested
leithS three or four OF his tDaly's)
men nave few thousand dollars to
snow IN the Legislature as ,lark's
money. The committee had refused 10
near McGrath. The vote of Republican
legislators for him. Mr.. Clark explain
ed. was the result OF caucus action and
acquaintance with local conditions. He
charged the committee with seeking to
enact laws for Montana. He arragned
CONGRESSMAN Campbell as betraying his
friends. receiving the political support
of the Clark people. and after election
being employed by the Anaconda Com
pany and working for Clarks defeat.
lie reviewed Days course in the State
capital fight. and charged the Anacon-
ga Company with spending Il million
Mr.. Clark then read his letter of res
ignatlon addressed to the Governor,
and dated May IL. as follows:
Dear Sir: The Sixth Legislativ AS
sembly on the 2Sth day of January.
1899, elected me to represent the State
of Montana in the Senate OF the United
States for the term commencing on the
sourth day of March. 1899
Under the authority OF the credentials
signed by the Governor OF the state.
entered upon the discharge of the
duties OF that position on the first
Monday of last December, after quail
flying, by taking the oath OF Office pre-
scribed by law
"on the fourth day OF December, 1899.