The age-herald., 1900-02-21
CLARK'S LEADER
 ON THE STAND Attorney Day Explains About the
 S5,OO0 Present. HE NEVER OFFERED A BRlBE Day and Welcome Both Flatly Contra dict the Testimony of Whiteside
 All of His Statements
 Were Denied
HE NEVER OFFERED A BRIBE

tions, but his testimony did not attract as much attention as that of the osaer wit- nesses heard during the day.
 The other witnesses were Frank Corbett, of Butte recalled; E. c. Day, who was the Clark leado. on the floor of the Montana , house of representatives, and John B. Welcome, who was general manager for MT. Clark. MT. Welcome did not take the stand until late, and his examination in chief was not completed when the com mittee adjourned for the day. He made a general and specific denial of all the ale sations made by Whiteside and others. De- n.als were made in response to questions by MT. Faulkner and the witnesses uni formly answered, q don t." "No," or ''NoiLling like it occurred" MT Bay admitted of having accepted present of 5000 from MT. Clark, and said he understood that 1t was given as tes- timonial and as a compensation for his services. The oath of office as member of the house was read and seemed to pro- duce quite an impression upon some of the committee.
 MT. Corbett and Justice Piggott were confronted for a brief period early in the day and in a rather dramatic manner they both testified concerning mortgage held by MT. Corbett, and there was a direct clash In statements
 Attorney Day on the Stand
 Senator Clark was excused at S:45 p. m., and Hon. E. C. Day of the Montana house Of representatives, who was the Clark can- didate for the speakership of the house, was called to the stand He detailed tine particulars of the presentation to him of 5000 from MT. Clark.
 While I, as member of the legislature" he said, mo man ever approached or offered me any money, but the day after the legis- lature adjourned MT. Dawson came to my office saying he had come to express Mr. Clark's thanks for my services, and to pre- sent me testimonial of his regard, and retainer for legal services in connection with the prospective senatorial contest. | With that he handed me an envelope con- | taining two certificates of deposit for $2, 500 l each. thought over the matter probably as long as l have been telling this, and took the certificates and deposited them. Since then have considered myself Mir. Clark's l attorney in every political natter l Did you consider that 5000 a retaining l fee or gift?"
 'I looked upon that partly as a gift and partly as retaining fec" Did you pace it to the credit of your law firm, and if not why not?" "The firm does not keep a bank ac- count"
 Did you divide this money with other members of your firm?' "No, it was paid my own personal ac- count. My partners have their separate business matters and 1 have mne-matt tiers in which we don't divide fees. :" Attorney in Welcome Case Further examination developed the fact that Mir Days firm had been employed in the Welcome disbarment case, receiving $3, 900 for that service.
 MT. Day said that he was attending these hearings counsel for MT. Clark, and that he expected additional compensation for his services. In reply to a question from Mir Caffery, MT. Day said that he had re- ceived the $5 900 from Clark as a testimonial and in compensation for his services the floor of the house.
 ''I acted as manager, or leader for the Clark forces the floor in the house. In that capacity l attended to roll calls, saw there was quorum, and gave personal att tention to the parliamentary duties required of one Did you have your oath of office in mind?" MT. Birney asked. MT. Day replied that he did not. This
 
 clause:
 l II will not knowingly directly or indi- l rectly, receive any money or other valua- l ble thing for the performance non- | performance of any act or duty pertaining g | to my office.''
 When MT. Day was excused John B. | Welcome was called He, next to c. w. | Clark, was MT. Clark's chief representative | in Helena during the session of the legisla- ! ture last winter. MT. Welcome said he | n Ha1aDa n MT ! Clark's managers at the request of the | friends of the senator but that the senator | himself knew nothing of the arrangement | until after it was made. MT Welcome de-
 tailed his version of his various interviews
 with MT. Whiteside. Whiteside had told
 him that he was tired of his affiliation
 with the Daly faction The Daly people
 had warned him against Whiteside, bur
 his uniform reply was 'that he can do no
 harm; if he does not vote for Clark we will | lose nothing; if he does we will gain some
 thing.''
 l Had Never Offered Bribe
 He had never authorized N7hiteside, he
 said, to see other members of the legisla- | ture nor had he offered or given him $10,- | GOO, nor any other sum, bribe for his | vote. He had not authorized Whtesde to
 offer Senator Anderson s10,000 for his vote, | nor had he said he would pay more for that | senator's vote.
 "I have no recollection" he said, "of | having asked Whiteside to go to MT. An l derson in Clarks behalf, but I might pos | sibly have done so If he had expressed a 1 willingness. Nor had he told Whiteside | that he had secured Senator Connely's | vote, and that the latter was "the cheapest | man of the lot" He had never paid MT. | Connolly anything to influence his vote. In | like manner MT. Welcome was led over a | great deal of the ground covered by the
 prosecution's witnesses who had used Gais | name.
 He denied that he ever talked with White side about Senator Cullen. He had never paid Cullen a dollar during the session.
 The list gone over included the names of
 probably twenty-five or thirty members of
 the legislature In reply to the questions
 detailing Mr. Whitesides testimony con-
 corning them Mir Welcome returned a un-
 form and somewhat monotonous "I did
 not"