Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-06
The CLARK CASE OPENED
BEFORE THE SENATE COMMITTEE
ON PRIVILEGES AND ELEC-
TIONS, YESTERDAY.
ARGUMENTS ON BOTH SIDES
EX-SENATOR FAULKNER FOR THE
DEFENSE.
At the Conclusion of the Arguments
the Committee Went Into Execu-
tive Session to Decide Upon the
Status of Papers-Hearing of Evil
dence Begins To-Day.


The Senate Committee on Privileges
and Elections to-day began its investi-
CATION of the charges of bribery made
in connection with the election of Sem
ator Clark, of Montana. The proceed
ings were begun by arguments from
counsel on both sides. Mr. Clark him
self was present with his counsel, For
mer Senator Faulkner.
Ex-senator Edmunds appeared as
leading counsel for the compliments,
making the first statement in support
of the memorial presented against Mr..
Clark. He said the compliments ex-
pected to be able to prove all the
charges made, and to show that Mr..
Clark's election was secured by the
liberal use of money, and that large
sums of money were furnished to this
end by Clark. He believed the ex-
penditures could be traced to Mr.. Clark
with due effort on the part of the COM
mittee. He said he and his associates
would ask to have a good many wit
nesses summoned.
Mr.. Edmunds also said that the COM
plainants expected to prove all the
charges made, and in doing SO would
enter quite thoroughly into the White
side libel case, showing that when Sen
ator Clark had an opportunity to ap-
pear in court he had refused to an
swer any material questions.
While Mr.. Edmunds was making his
statement a question arose concerning
the admissibility of testimony taken by
the grand jury of Lewis and Clark
counties, in which connection Senator
McComas took occasion to intimate
that he would hesitate ito admit state
ments purporting to violate the secrecy
of a grand jury room. Replying Mr..
Edmunds said the notes ON the grand
jury proceedings had been made by.
Attorney General Nolan and had been
presented and received by the Montana
court in the disbarment proceedings
against John B. Welcome,
Mr.. Hoar suggested that the testi-
mony should be admitted for the time
and it's relevancy determined upon the
final decision of the case. This brought
out a spirited protest by Mr.. Rogers
Foster, of New York, who appeared as
one of the counsel for Mr.. Clark. He
urged that such a course was contrary
to the precedents of the committee;
that Mr.. Nolan was personally antag-
onistic to Mr.. Clark and that at best
the testimony was ex-parte. Such
document was no more evidence than
an indictment would be.
Mr.. Clark was not to be expected to
defend his character but his right to
a seat in the Senate. Referring to the
Montana Supreme Court, he said there
was politics There as we'll as elsewhere
in the State
He insisted that Mr.. Clark should
have right to face and cross examine
ali witnesses.
Ex-senator Faulkner made formal
statement on behalf OF Mr.. Clark. He
reviewed the politics of Montana, refer
ing to the Daily gang and the Clark
faction in the Democratic politics of
the State. 1t was, he said, an acknow-
lodged fact that the opponents of Mr..
Clark in the State had determined to
prevent his political preferment re-
CARELESS of all the proDrieties. 1t
would be shown that Notwithstanding
that charges were made of bribery
against some fifty persons including
thirty-eight members of the Legisla-
ture, there had been no proceedings
against any of the men thus involved
in any of the Montana courts. This
was evidence that the present. proceed
ing was not sustained by public senti-
ment.
He said: ''The prosecution was con-
ceived in the womb of personal malice.
rocked in the cradle of personal hate
and nourished upon corruption and
jealousy"
All the members of the legislative
committee were opposed to Mr.. Clark.
Outlining the defense Mr.. Faulkner
said it would show that the proceeding
against Mr.. Clark had really had their
origin in the Senatorial contest in
1898, when the idea of springing a pre-
tended exposure of Mr.. Clark upon the
Legislature was conceived by the Daily
faction and that the leader of the fac
ton had turned prophet in December,
1898, and declared that eff Clark had
showed his head something would be
heard to drop and that he would drive
Clark out of the State. Other points
of the defense were outlined and the
statement was made that if necessary
each charge against the Senator will
be met tsby direct and positive proof
OF its falsity.' ~
After hearins IS Use preliminary
statements u nee held an ex-