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Show JUDGE H'CARTY STATES FACTS Alleged Attempt to Influence Influ-ence Him, as Charged by Smoot Oran, Is Utterly Untrue; What CoL Nelson Nel-son Says. ' The following statement appeared in the, last edition- of THE TELEGBAM yesterday, somewhat garbled in the hurry of making up the forms. It is eorrectly presented below: An editorial in this morning's Smoot organ reads in part as follows: "And speaking of attempts to Influence the Supreme court: Ten days ago Judge McCarty of that tribunal, was called by Col. Kelson of the Tribune who telephoned tel-ephoned him the substance of the big Sunday Tribune article, and sought to draw from the Jurist an expression of opinion. That waa before the Chambers case and the Craig case had been decided de-cided by the Supreme court." Judge W. H. McCarty of 'the Supreme court entered an emphatic denial this morning to the statement and Inferences contained in the paragraph quoted. Col. Nelson also denied that he bad over attempted at-tempted to Influence Judge McCarty in any manner. Speaking of the matter this morning Judge McCarty said: "Two days before the decisions in the Ogden Councilmen cases were handed down by the court, and at a time when the matter had gone beyond my hands, I reecvled a message saying Col. Nelson wanted to see me. I went with Judge Bartch to Col. Nelson's office. Col. Nelson Nel-son showed me an editorial he had written. writ-ten. I told him I knew tha facts outlined, out-lined, but requested him not to publish the editorial at the time, as I wished to make an investigation. "I subsequently talked with MaJ. Breeden and Judge Howell about the matter in controversy. ' ' " "These facts X detailed to a reporter for the Intermountaln epubllcan and to no one else. It appears that the editor of the paper distorted the faets to suit himself. "There was no discussion In regard to the case. At that time the opinion in the Chambers and Craig cases had already al-ready been written, but not handed down." Col. Nelson corroberated the statement of Judge McCarty that he withheld the editorial at the time. The story in last Sunday's Tribune was quoted from MaJ. Breeden and had no connection with his talk with Judge McCarty. He declared he had never telephoned to Judge McCarty Mc-Carty or at any time discussed the pending pend-ing case before the Supreme court. |