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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 2, 1905)
I THE SUNDAY OltEGOXIAX. PORTLAND, JULY 2, 1905. HENEY ANSWERS QUESTIONS MADE BY ATTORNEYS FOR DEFENSE I must be if I have attempted to do what they have charged here. In the secrecy of a grand jury they charge I have hatched out an indictment against your Senator and two of your Congress men, when I was sent here by Mr. Hitchcock, they say; I don't know where that is obtained from the evidence In this case to investigate land frauds. Now, then, inasmuch as so much has boon said on that subject. I think it is only fair lor me to say that Hitchcock had nothing on earth to do with my coming here, and did not know me from Adam until long after I came here. The only man on earth who had anything to do with my coming here, so far as I know, waa Attorney-General Knox; and the fact that he sent me here probably indicates that, having met me, he had sme reason to think that I was a man of integrity and could be trusted jo do my duty, whatever 1 might find it to be. Sent Here to Try Case. Now, I wasn't sent here to Investi gate land frauds. I came here on a slmpie employment to try one case, the Puter cae. where the Indictment had already been found, with a limited ap pointment to that purpose only; and while trying that te, it developed that people in power were protecting other criminals, and at groat sacrifice to my own personal business, and solely and simply because I felt It was a duty that I owed to my country, I remained here, and 1 am still here, drawing a salary that would not commence to pay my office expends at home. And I am heru because I believe In American manhood and American integrity. I am here be cause I believe, as demonstrated to me by an Oregon grand jury, that the stand ard of manhood and Integrity in Oregon is so high that the question as to whether a man occupies public office or not will cot no figure in the determination of the Jury that tries him. If I did not believe that, I would have gone home long ago. I sought out Senator Mitchell. It Is charged, and let the land thieves, go. How many men were Indicted by that grand Jury? In round number?. fcO; and you know the clasp of men who were included In it. Does that look as If I. or the grand Jury, were seeking a victim In the person of Senator Mitchell? But Kribs, the billy-goat, the biggest thief of them all. was let go; and, says the attorney for the defendant. "Answer, Mr. Heney, as to that, why you let him go and sought out Senator Mitchell on a mere, technical statutory offense.' I think I can answer It without going out side of the record thut Is in this case. Let us try to answer it from the Indict ment Itself. The Indictment says that Kribs was engaged In the business of procuring and aiding divers persons to mak! applications to purchase timber lands; and to put it in a more simple form, that they were making false affi davits that they were taking up these timber lands for themselves while being paid for doing it. and when they got the title they would turn the title over to Kribs. Now, that is the sum and sub stance of the charge as to the business that he was In. Now, what were those lands ihnt he suborned perjury in? be cause that if- the offense that Kribs com mitted. They were the lands that ho employed this firm of Mitchell & Tanner to nave tu &o to patent. Bnrrcd liy Limitation. "When did he commit this subornation of perjury? Why, this indictment shows that everv one of these entries was made In the year 1900, or at latest in the year when did the grand jury meet, and first meet, that took up these matters that resulted in the indictment of these 80 peo ple, including Senator Mitchell? It was in December, 1904. There wasn't one of these subornations of perjury that wasn't barred by the statute of limitations. Why didn't I indict him? Because the face of the indictment. If It told the facts, would hae shown that the Indictment was void. Kribs has been asking himself the same question, and until he re-ads my argument in the newspapers tomorrow morning, if he reads it. Insofar as 1 know, he don't know thai the statute of limitations had larred the offense at the time he was seeking, ar he testified, to get me to say what I was going to da. He tells you he got no promises whatever, either that he .would or wouldn't be prosecuted or that "civil suits? would not be brought to get bvk for the United States the 20,000 acres t f land which he obtained by those fraud ule'it means. 1 think, gentlemen of the Jury, that you can trust me to do my duty in the matter of getting back -those lands. I think you can assume that, now that Kribs has testified, and knows that the statute of limitations has run against his crime, that very little time will be lost In bringing that civil suIL Docs that answer It? There were affidavits being taken out here- let me be entirely fair now by Stratford, and that was In Octo ber, 1901, and if Kribs had suborned any of these people to make false affidavits at that time, he would be liable for sub ornation of perjury: but the letters of February 8 and February 13 of Tanner to Mitchell, show that these affidavits had all been taken more than three years be fore this grand jury met, and they were barred by the statute of limitations. Had Mr, Kribs known, it is possible we wouldn't have got these Mitchell checks from him; had Kribs known, it Is possible we wouldn't have gotten any evidence out c-f him. Some Indictments Not Prcpnrcd. Now. why was not an Indictment brought In against Senator Mitchell for subornation of perjury after Tanner had confessed? The evidence shows that the grand jury adjourned the day of tlKit confession but met again to hold one week. It then expired by operation of law the ehd of the term. A new term commenced. And In that week a great many indictments were crowded, and, in asmuch as Senator Thurston has asked me the question, there were some indict ments found that were not returned be cause the indictments were not prepared. Among the number was one against this defendant. Now, then. I want to show you that I believe the evidence in this case warrants the inference that John H. Mitchell knew that he was aiding to obtain from the State of Oregon, for speculators who live outside of the state, large quuntities of your most valuable timber land, having strong reason to believe that these lands were obtained by fraud. Now what Is the evidence of tha't fact? Now, that Isn't material In this case, and 1 wouldn't go Into the proof of It, but inasmuch as the argument has been made, and inas much as so much stress has been laid upon the question of moral turpitude in this offense, or want of It and I will pres ently attempt to show you that there Is as much of it as In any offense It Is fair to argue from the facts in. the case, and, determine whether Mitchell had any reason to believe that he was aiding peo ple to commit fraud upon the Government in the Kribs case. Badge of Fraud. Now. In that connection I want to show you by these letters and by the teetlmony. that when Kribs first came to Tanner, he told Tanner that the only trouble with these entries was that he had acquired them all on or about the day that final proof was made. Well, If a string of 40 people came up to make proofs on timber lands, and you were Register of the Lund Office, and you found that the very minute that they had the proof made and mark you. thej' don't have to live on the land that they deeded it to Mr. Kribs, nnd you , knew that Mr. Kribs was representing the mil lionaire PHlsbury. of Minnesota, and per haps other great timber speculators of jhe United States, so that the suggestion was made by the attorney for the de fense that he was representing a timber syndicate If you knew that fact, and the moment these people proved up, they deeded it, I ask you if you would not consider that a badge of fraud, and if the suggestion would not come to your mind that Kribs was perhaps furnishing the money for all these final proofs and paying these people 910 to 150 apiece for their timber rights? Did Mitchell know that? Didn't Tanner tell him that? Kribs told it to Tanner; Tanner wrote it to Mitchell in several of thes let ters; he wrote him an argument upon it. stating that It had been held by the department that that fact, standing alon. was not sufficient evidence of fraud. Welljv we have not the case be fore us. but I presume that It was a case where It wag a single entry, and that the entry-man had turned over the land the day that he proved up on It had sold It And standing alone, that would not suggest fraud to your mind verj strongly: but sjppopc that it ap peared that in some small town, every resident of the town had gone tip and taken a piece of timber land, and it had all been taken up at the sime time, and taken so that It mad one big block of your magnificent timber; they all proved :-- on the E!ii day, and Kribs was hanging around, the day they proved up. and many of them were poor people, who never saw $400 with which to make final proof on a timber claim, and the day they proved up, they deeded It Xo Kribs. Then what would you think about It? A Xeeespary Conclusion. You would be rapidly reaching the con clusion that perhaps those claims were obtained by fraud. Now. suppose that, in addition to these 40 claims. 30 more claims were brought fa by this same Kribs, this Minnesota timber man, and that heading the list was the name of S. A. D. Puter. of unsavory reputation we are told, and suppose that it after wards appeared that Puter stfll claimed an interest with Kribs in these 30 claims, and Tanner's letter to Mitchell of April 19 states this fact, and it says something else, very significant, because this Is be fore these pattents Issued April 19, 1902. This If the letter from Tanner to Mitch ell: "In regard to lists 1. 2 and 3, In volving timber entries of which I have been heretofore writing you. 1 wish to draw your attention to the fact that one S. A. D. Puter is In some way in terested In list No. 3; he has no connec tion with the other two lists. He has heretofore had some contract with the people I represent to procure redwood lands In California, and has gotten into some controversy with them on account of his failure to comply with his agree ment, and I fear Is disposed, unless he can force them to a settlement satlsfac tory to him in regard to the California lands. to make trouble with the list No. 3 referred to." Aha, Putor, whom, as we shall see presently, he speaks of as a very bad character, of known bad reputation, "has an agree ment with these people I represent with Kribs to produre redwood land for him In California. How? In the same way? By having entrymen around Eureka go and make filings upon timber lands there. then deed them to Kribs lor a considera- j uun. Jinu a commission 10 ruicr; is that the transaction? Was the transac tion explained to Tanner? But if it wasn't explained to Tanner, now. Is there enough on the face of this, by the time we finish, so that your bnltcd States Senator ought to have hesitated before he did any work In connection with it? Filter's Kedwood Claims. Ought he not to have carefully examined the report of Stratford and we don't know what that report was before he did anything on It? Now, let us go on. There are not very many ways, you know. In which Puter could get these redwood lands for him, so that while It doesn't state the way here, we know there are only a few ways. "I am informed that he (Puter) has started East, taking with him F. P. Mays, who will probably shortly turn up in Washington and en deavor to prevent list No. 3 from being passed for patent, unless he can force the settlement out of the people he had the contract with in regard to the red wood lands In California, and try to get the list remanded for hearing in the local office so as to hold it over our peo ple as a club to try and force a settle ment of the other matter." Now, wait a moment. When you file on a piece of timber land bona fide, prove up on it get your final receipt, as a matter or law, you are Just as well off as you will be when you get your patent. As a mattor of law. that final receipt vests the equitable title in you. nnd you can sell or transfer that land to anybody, and nobody hesitates to buy on a final receipt if he knows who tne man Is who makes the sale to him. Why? Because If there was no fraud In the transaction, you are Jusf as safe after you have your final receipt: you have Just as much control over your iand as you do after you get your patent. But now, significant, if there is any fraud in it. the purchaser from you takes subject to the right of the Government to refuse to give the patent, and to set the thing aside. It ueing only an equlfablo title, the pur chaser from you, after you get your Itnal receipt, can have the land taken away from him by the Government, by the Government refusing to issue patent, at any time before that patent is signed by the President of the Lnlted States. Why Knrly Patent Is Wanted. land: should possible. ment the Government parts with tho legal title, then you sell that piece of land to a man who has no knowledge of tn fraud, or knowledge of facts sufficient to put any reasonable man upon inquiry In regard to the fraud, and he takes a tltlo that Is Indefeasible as between him ana the Government. The Government could prove ten thousand times over that It was PiifD? : . ???. " l,he ',rt ' i"r'Lc.: 'lKY"i? "t"?. ; iil-c. una n couia not iukp iv away me. who bought it of you without Ing of the fraud If I bought after j know the patent iuiu iraiuiii, m mi- uuuTiiiiHiii ins- ; tmivu jl. 1113 niuiuun wit t- iiii- us , those of the mnn from whum I boueht: i " iSm1 Conseauentlv. If vou secure a lot of fh.ou'Al!!!nKi!: & i?"r l.r i any further They nny It was I simple . ...-.- ..-. by fraud, it is urgent that vou ",1 iV ":';M1?..-? get patent at the earliest dav "i "'".iJ"1".. " lV. a simple case. Thnt is not the fact. They ' U'""i 1" "T; , V"C,i Now whv? Because the mo- knowledge, and this knowledge Is 5 "."Y. " Y. "V '"" .x " r:"Y " .i? . i . cniin-jii.. mixmi UTl in ,is whole list and had I ""-' a" " . 'v.. t mucn money was coming into tne nrm. wo Now. suppose that a timber speculator. in SSrt Ih it a man whe repuutlon monr. pn his own initiation In Washing- find thut It Is a liberal education. There or two or three timber speculators, come . nu rain- the "rn wsSSon at to, Prtlca here employed the firm for ; if for October 3. $3 deposited, and Octo and want to employ you as an attorney. In tlw land Offlw- wltli Kribs a ' SK , b done before the department itcr 15. which was the Kribs check. To do what? He ,1ms proven up on Ids fJITC " Vnee,. tnr Admitting- that 'h, ' In. Washington. It s Immaterial to them The only other moneys that came in dur- laiins; ne nas tne titles insoiar as the proof was mnde. and has sent an agent out to inspect, and to co to see the entrv- men. and see if they arc bona fide, and sec If they will make an affidnv 'er Vrn t those tliey took It up bona fide--another lands under a transaction such as Kribs was working under, wouldn't you be alarmed for fear some of the forty would fall -down and toll tin? truth about it. and say to the Government officer' Why yes. I got $10 from Mr. .Kribs, or I got $50 from Mr. Kribs for filing on this piece of land, under an agreement that 1 deed It to him as soon as I got the title, and he naid the final nroof monev?" ' J)isioses of Lands. Wouldn't Kribs be alarmed for fear some such thing as that should happen, and he would lose all this Innd after hav ing paid for It because, mark you, he has "paid tho Government for it when the final proof is mnde. If those are the circumstances, by his putting up the money for the entryman. With all that money invested, wouldn't he be alarmed? Now. being alarmed, what would" he do? Ho would say to himself. "I must get patents to those lands as soon as pos sible, and. the minute I get patents I must sell them to somebody else, who will be a bona fide purchaser. If 1 can not find anyone else. PHlsbury will do. because he will never askanv questions, and he will always swear he didn't know, and of course I won't swear that I told him. and PHlsbury can hold them." Now. then, what Is the next step that ho would take? He would say. "W ell, now, let us see who Is the best man to get to hurry those to patent for me? That Is a matter that Is within the power of the commis sioner of the general land office. Well, who is commissioner of the general land office? BInger Hermann. Where Is BInger Hermann from? How nm I going to get a pull on BInger Hermann? Whv, he Is from Oregon. Urn-urn. Well, now. I need somebody In Oregon." Mnn With the Pull. Who Is the most likely man to have a pull? Who Is the most likely Orcgonian to have a pull with BInger Hermann? Why. John H. Mitchell. Why? Because he is the senior Senator from that State: because he has been in politics for 40 years irom that state. There can t be ny question but what Hermann must be under some obligations to Mitchell even for his office as Commissioner of the General Land Office, because the United States Senate confirms the ap pointee, and if Hermann was appointed from - Oregon, the chances are that Mitchell, from Oregon, had something to ao wun me appointment. men any shrewd speculator like Kribs would sav. .tun ui-ii in vnc limn tu ic ciiiimicu; j?o woujd a man like Benson say the same thing, and that might account for Ben son not going to the California Senators, as you would naturally expect him to do. if he had a straight deal, and coming to Oregon to seek an attorney in Oregon to attend to a matter where? In Wash ington. What was tere to do In the Benson matter or the Kribs matter? What was there to do at the time that Tanner was employed by Kribs or em ployed by Benson? Why. the Benson tilings were all in Washington; there was nothing the matter with them, according 1..W . s- im-m i mm; out lhoy wcr, proved un what does vour 1 ritr"cs , " c?Y".r,.4ne . QOC2 when there was a division made at the end he wants to get the legal title into his , ffi, com Oregon do? Does he ficI- i lnc work, provided the work Is done and nf that month and the check for $1S1.33 hands and get it Just as quick as he can. j Xzlci Vhc Av "The timber land, I :omplIshes what they want. The firm , was given to Mitchell, and he got a por Uhy? Why in the first place, the Go- f Oregon are for Oregon people- we 2 3 cnl5lJ' ?"Ar Mell did the work. . uon of that $). or the $50) paymentbr ernment Itself has suspected the bona "to save that Sflm? Inheri- Xhr partl p?ia lor thc or by. naJrln Kribs. If we go forward, w see that ides of the thing by reason of the fact nr KotS n lhelr&- 7Lon,lfr wilh ,chS& e Hrm: , December 2. when they divided for the that so many claims went to one man "nnann?. dms he bnkwi i?one y and at the ; month of November, the only deposit on the day. or Immediately after the final rv"G.lLni'- .r "cini end of earh month divided it enuallv be- I -, to ur!nT hv mnnth- ti, to the letter from Tanner to Mitchell on October 4, when he wired Mitchell to wait there until the letter arrived. There was nothing the matter with tho Benson claims; all It needed was a little punching up to get them to patent. Now, that does not mean a mere red tape signing of the patent: that Is not It at all. But all of the different applications from this whole Coast go on file con secutively numbered, and you notice each of these claims has a number, and some poor timber cntryman who has only 100 acres has a number, and he Is on there. Tanner did not write about many of these fellows to Mitchell, be cause, as a matter of fact, the evidence shows that he never wrote but three let ters In four years In regard to Land Office business, with the exception of tills great file of correspondence that re lates to those claims in which there was money for the firm; so being In their order and being taken up only as they are reached by number. If you can get a pull on the Commissioner that Is of sufficient strength, you can get yours taken off the bottom of the pile and put-on the top of the pile, and passed upon Immediately. Offense Just as Had. Now. they say the clerk who passed upon It was not going to do anything in that case that he would not do in any other case. Admit it. The offense Is Just as bad. Is committed Just the same, whether the lands were crooked or not crooked, but I tell you that the very fact that the claimant of thesejlands snowed this great anxiety to haveli taken from the bottom of tb file and put on top. so at the earliest moment possihic ne could get the patent and the legal title Into his own name, is a badge of fraud of great enough significance to any attorney of the intelligence of John H. Mitch ell; to anv public man of the Intel ligence of John H. Mitchell: it is sufficient badge of fraud to -put him upon notice that these timber speculators from Minnesota were endeavoring to use his influence as a United States Senator to get the advantage of the Government, to steal the magnificent timber lands In the State of Oregon for syndicates, and for foreigners, and especially when he is ap prised of tho fact that Puter furnished one of these lists and still has an Interest in it. Let us see what else he says in this letter that we were reading from: "You probably know something of Mr. Puter.' he says, after telling him of Puter having this Interest, "and I do not need to warn you as to the character of the man. Mr. Mays does not represent our people, but is coming there In the Interest of Mr. Puter to make trouble." coming there In the Interest of Mr. Puter to make trouble unless they can force this settle ment referred to. "I explain this situa tion to you so that if they should come there asking your assistance In the mat ter, you will understand that It refers to one of the lists of lands that I am In- t terested In having passed for patent, for tne reasons i have nireaay explained. That Significant Statement. Now mark this significant statement: "If Mr. Puter attempts anything of the kind." that Is to have this list No. 3. which Is headed with his name, these 30 claims that the second contract of 51003.00 was made for. sent back to the local land office for further examination a very dan gerous proposition because unless every one of the entrymen continued to perjure himself when pressed as to where he got his money, he might have great difficulty in showing that he could raise that much money, except to get it from Kribs there was very great danger that the titles might be lost, so he says: "If Puter at tempts anything of that kind, the fact that he and his wife are entrymen In the list should be sufficient to s Ik; nee him from complaining that there Is anything wrong In connection with them. and. In deed there Is nothing wrong with them, nnd the main purpose he would have In getting a delay ana a hearing In the local office. Is. as I have already said, to use it as a club on account of the other mat ter. I am In hopes that the matter in controversy between him and the people I represent may be adjusted. In which case. I presume he would have no opposition to make to list No. 3. nnd would be anx ious to have the land passed to patent." Evidently, he Is going to get some more money out of this list No. 3. "But I of Puter's reputation Interfering. And "I need not warn you about him : "you probably know something of Mr. Puter'K reputation. A man of Puter's reputation might at once ralso the gravest suspicion as to the character of the entries. If that Is so. when Mr. Tanner sees ! Puter's name at the head of that sec that Kribs is a Ttlmber speculator from ond list of 30 claims, when he knows Minnra-in h d i"kno.a" October 1901 Minnesota-because he testifies that he jj,nt jn regard . . . .. - . i-L"lw.i"ain.e i.'a " knowledge then. i C""'V. , t, T Ti .. A- vJ. .- ! 'J l"p i?PPi "j i 1 ,Vt VJ. . ' . apnoarance of fraud upon win have nothing to do ;.. "P"J" ,l""L,iV,?"P none of their -money: J force the lands through to 'patent In I "uch a hurry except to get the legal title i , Al-nJT'w iS-niiS'Km E1'3,6, ft,nd ibjr,h. "! if a Z ?5V,nE,.ite Ji? ?SV lLl t&? iZi MJ lh,at; ","n hc.,foiJnd tncf . ,an3 l1"' ?"'m'? fc,h.U5&n Inl ft lJl'nCC lT..m. If "'J. th0al i-nit SfiS? ...h-hrS.h States Senator to get them through, and wap willing to furnish other Influences ' AVI..Ac-it A Wlcfnnitfn an York, as Tanner .wrote him. and wired asking If he wanted assistance, and re plied. "No. thnt BInger Hermann was .doing very nicely hy them and pushing them along as rapidly ns could be ex pected and they needed no other help I say. If thett? facts did not challenge his attontlon. then what did he think when John A. Benson, of California, came to Portland. Or., nnd agreed to pay $1500 to the firm of Mitchell & Tan ner, nnd Tanner wrote him that "We are to have a $1500 fee" for what? To push to patent In a hurry lands that there Is no trouble with whatever and no imperfections In: there was no other work to be done. Mitchell Did the Work. That brings me to the point: They say that Tanner testifies that he under stood that he was not contracting tor Mitchell's services: that ho understood that he was making a charge for his own services, and then they tell you In the next breath that Tanner never appeared before any department in Washington and never even wrote a letter to the department In Washington- They prove too muoh. That is a fact. Tanner never did appear there. This evidence makes it plain that he never expected to ap pear there: Tanner never wrote a letter to the department, but always to Mitchell. Moreover, in the Benson mat ter, which was the first one that came In. he expressly writes to Mitchell and says: "c arc to get the fee," and he expressly suggests to him that he should tell the Commissioner that he was rep resenting Oregon citizens, and "that tho nrm was interested on behalf of Oregon clients." And yet he says that he did i not understand that Mitchell's services were to be u.-ed. Well, when Benson came here. Benson told him thev were all perfect, that they were all in tho Land Office In Washington. He knew there wasn't a thing on earth to be done out here: Tanner knew that the onlv thing to be done or that Benson wanteil done was for somebody to go to the rvimmUnnn.- nrt r?. t, r. sloner to advance It. He knew he was not going to do that, and he knew that he was going to have Mitchell do it. Then didn't he understand that he was charging for Mitchell's services? In the Benson matter. If he was not charging for Mitchell's services, then he was charging- $1500 for writing a letter to Mitchell, because that Is all he did or expected to do. He did not expect to do anything except to write a letter to Mitchell. Then he expected to charge $1500 for writing a letter to 3IItchelL In the Kribs case, what did he expect to do? In the Kribs case an agent was oat here I Ci "J (HI 111 t-'i HIV I'llUllT. lldi. lllU.il 1 that he told Mitchell so In I , "v t Vi t. V A """ nay oi payment is sucn itut it is a iair before Mitchell I wrote hla e,tct.ed. , "ited Slates Senate and inference that that was a salary being he dCDartment from Port- , Y JS.V"- t received by tne nrm irom some source, to . these "clalmVannVr ! In Portland and they continued in tho , down to April. 1S03. when it changed to -i t. 1 IU WlllC Ul ULn UIIUVI i -Jll LI illTL. IJ V TS1 o rAmilfif rinnno 1 "VW If wa av Investigating. Did he expect to take that matter up and get those affidavits? No. sir; he tells you he. did not; you find on the books there an extra charge of $100; he tells you ho referred Krivs to Van Zandt. and the $100 was for Van Zandfs expenses. Who was Van JCandt? He was a young lawyer in the building, and Tanner testified that he himself could not afford to give his time to a matter of that kind. It Is true, counsel put words Into Tanner's mouth on cross examination: "Didn't you advi&c with them about what he was going to do and about those affidavits?" hy. the letters show that most, of the affidavits had been obtained already: the investiga tion had been going on for some time: Stratford, the special agent from Washington, had been going around and seeing these entrymen. getting this In formation, and then Van Zandt went r'K I Vi Vilm nn,V irnt a mnrA XTrtn what did Tanner advise him about? Did not Tanner testify that Kribs asked him 1 how much he was ttoing to charge? He admits that Kribs said what he wanted him to do was to hurry the things to patent: that is what he employed him for. How could that be done? Only In one way, and he only expected to. do It in one way. and that was through Mitchell. Now what else did he expect to do? Doesn't he tell you he told Kribs that If they were sent back to the Land Office and there were any contests he would have to charge him separately for that? .Doesn't he tell you that he did charge him separately for other things he did?. Now. what was the thousand dollars for? Let us turn to the book at the time he made the agreement, and see what the hook says. "Fred A. Kribs to" fee for services In the matter of about forty timber claim entries and for securing proof of same for patent. We are Xo receive, in cash $500 and $500 when patents are issued." Procure approval of same for patent. Now. did ne charge him $1000 to give him advice? What, Advice Xeedetl lie? What advice did lie" need. In regard to those claims? Did he pass on one of those stereotyped affidavits that every one would make the same, and charge him $1000 .for that and for writing the letter to Mitchell? Sovr. what did Mitchell do? That was" on the 16th of October. .What was dbne nt the time? Didn't Kribs go to Mitchell? Doesn't he testify that he saw Mitchell a few days later and told him that he had employed Tanner to se cure these patents, and that he wanted Tanner to write a letter to the depart ment about It, and did not Mitchell on the 22d of October, only a week later, write that letter? And Mitchell's serv ices were not to be Included In this charge. What did Mitchell say in the letter? "At the Instance of friends who are inter ested. I desire to be advised as to th present status of the following -timber entries In the Roseburg Land District, Oregon. I hope' you will let me have this as soon as convenient, and I will confer with you personally In regard to the same when I reach Washington." That personal conference is what the thousand dollars was for, to go to Singer Hermann and whisper In his ear "I am Interested, BInger. In getting this thing through." Did he go? They say there Is no evidence of It. There Is no evidence, except his own letters admitting that he did It. That Is the only evidence. That may not be very good evidence, but it Is the best the Government could find. In the first place, there are letters from Mitchell to Hermann asking him to do It: there Is that first one. Then on Feb- ruary 14. 1902. Mitchell writes to Her mann and says he incloses a letter from Tanner In relation to list No. 2. a part of these forty claims, and winds up by saying: "I will be gratified If they can be expedited as speedily as possible, look ing to the final conclusion of these cases. Now. the former letter of Tanner does not say anything about expediting them, only asks for the status of the cases: but the rider, the other letter that goes with it. explains what he wants, and Mitchell complies. Kribs was not pay ing for that service. Goes Into Partnership. Let us suppose for a minute that Tan ner was honest In the belief that he ex pressed here In regard to those services, as to what that contract meant. What does It mean? It amounts to this: Let us sec what this case is before we go dependent upon a lot of circumstances which It was necessary to group and show v"" UEuM inlE" n ttf. course of a long trial we all do. Counsel, without notes, cannot recollect this evi dence and of course you cannot, and therefore It was necessary to go over it. Now what is this case, and let us see If It Is not simple? Mitchell and Tanner were partners which the fees were to be eauallv divided comln. Tom. or how aoes tne wonc. immaterial to tne tween them, so tnat jiucneil got his half of nil this money. Now. thnt Is the beginning and the end of this case, j ft "he VCTllfvIdSS h? j.,; knowiJice at the time he tnnk he had knowledge at the time he took the money. That Is true, .e must have hud knowledge at thc time he took the money. What Is the cvldclive of that? It is not that somebody testifies thnt on the day that money was paid Mitchell saw the check or that the check was de- llvercd to Mitchell: but It depends upon long lot or. circumstances. Those clr- piimil.nnpA n-hpn nil tnken tntrolhT- rn stltute a chnin of evidence which Is far more reliable than the direct testimony of any witness, because the witness might not be telling the truth. This long list of letters contains statements by Tanner to Mitchell as to where the money was coming from, the testimony In regard to Mitchell seeing and handling the books, the testimony as to his getting a copy of the books for a certain period of time, the testimony as to his examining the books for the purpose of making a new contract with Tanner by which the di vision of the fees would be altered; all of these facts and circumstances taken together prove conclusively. I think, that it Is a fair Inference that Mitchell had knowledge. But had knowledge when? Thnt he had knowledge nt the time ha took these payments. Considers First Payment. Take thc first payment. We have the Benson letter which goes to him on Oc tober 4. 1901. and he Is tolegraphed to remain there and he does remain there to attend to tho Benson matter. The Benson letter tells him that Benson has employed the firm and agreed to pay $1500. He comes right back here nnd within a week Kribs comes in and tells him he has employed the firm. Tanner tells him: Tanner writes it In the firm books at the time and payment Is made at the time, and he receives his half of the money on the first of the month, and he has already written a letter In regard to this. Nov. whnt sort of evidence do you want that he knew at thc time he took that first payment? Gentlemen. I am not going to review all of this evidence again; that would be an imposition upon you; I am only going to call attention In a general war to some of the misstatements of evidence Im? Je.i??2S bJJ?U,lJ!nJhchcr. sido and to the most Important part of the evidence which conclusively shows knowledge on the part of Mitchell, as I tninK. That Benson Letter. On October 4. 1901. we have that letter In regard to Benson showing that that money Is to come Into the firm, and Mitchell comes here direct. In connec tion with that I call your attention to the fact that when that Benson letter reached Mitchell the first page of it con tained thc contract between Benson and the firm, because Tanner's letter says so. Tanner's letter, which accompanied it October 4. 1501. says: "I Incloso you herewith a letter from John A. Benson, also a slip from him making some suggestions an to the ap proval of certain forest reserve selections of land In the Vancouver Land District. State of Washington: also a letter from Jamea A. Page. On receipt of this let- ter I wired you as follows." etc.. and then continues: "Ao you will see, if. we can get action upon this list, so as to have them approved, we are to receive a fee of $13)0. I' have every assurance that the selections are bona fide selections, and that the matter Is perfectly straight from beginning to end. but are held up simply for lack of time to give them attention." Then, there wasn't anything to be done here, it was all to be done In Washington, and the fee necessarily In that matter was for services to be performed by Mitchell. Now. In that case, what reason have we to suppose they were not for services to be per formed by Mitchell In the face of the contract that was made only two weeks later with Kribs. when the entry in the book Is to that effect, and when the entry was made in tne nrm dook was firm business, and the check was made payable to the firm and deposited to the firm account. That Is tne construction Tanner put upon It at the time and that 13 the very best evidence and not his opinion at this time, in the face of all thosa letters and entries. Calls It Absurdity. That brings me to the point that they say you have got to believe everything Tanner says because he Is our witness and we are estopped. That is an ab surdity, gentlemen, as a matter of law. A man not only Is not bound by every thing his witness says, but he can put a' dozen other witnesses on the stand to swear exactly the, opposite of a part of what his witness says. In the first, he mav be fooled In the witness: In the sec ond place, the witness may- be telling; some truth and some lies and a party is not bound to Tut- himself at the mercy of any witness. The Jury la the judge of the weight of the evidence of a wit ness, as to each and every part: you may believe some parts and not others, and the Government Is not bound by any thing. It Is true, it vouches for the character of the witness to a certain ox- tent in nuttinc -Mm bn the stand. That means tnat in putting nim on tne stana as a witness the party cannot attack his' reputation for truth and veracity by bringing In other witnesses to prove that fact, but he can bring all the evidence he plcascs that may be exactly the oppo site of what the witness has testified to on any point. "I think that you could probably do more personally, there in Washlgton. than I could do here by let ter" (reading a lengthy extract from the Benson letter). Now, was he to do any thing in that Benson matter? Look at that Benson letter. You find the con tract Is taken off of It. the first page. There Is a suggestion In Tanner'a letter that he should say that they represented Oregon people. Oregon clients. This let ter Is a part of the files of the Land Of fice. There Is where the signature evi dently was (exhibiting a hole In the paper): It is fair to assume, this being a letter, that that was the signature. Whose signature? This other letter Identifies It as the John A. Benson letter. John A. Benson's t-Ignature. then. Why was It removed? Because John A. Ben son was a California man. Was It also because John A. Benson's name would raise a great suspicion In the Land Offica as S. A. D. Puter's name would, as stat ed by Tanner? These applications do not show Benson's name, but they show Hyde and other people. . Mitchell Comes to Portland. I After getting that better Mitchell ar- rives in Portland, uctooer it. ana mis Kribs deal Is made. Then, on November 2. the October receipts are divided and Mitchell gets his share by getting a check of $1S5. November 2. here is tho account of Mitchell & Tanner in the Merchants National Bank, showing de posits commencing with October 3. and we find that on the 2d or 3d of each month there was a deposit of JOl down to April, 1503. and from the 2d or 3d of May down to the end of the chapter there is a deposit of about the 2d of the month of $350. There was testlmony here which was not stricken out. as 1 understand It. Your Honor, although there was an objection made to the question It was answered, but the testi mony was not stricken out regarding the $500 payment each month. That is the way the record rcad. that a pay ment of $5(0 a month came in as salary Mr. Bennett: 1 think that was stricken Ing is thru that is not before the Jury'. That Bank Account. Mr. Heney: Very well. Tour Honor. Thin bank account which Is In evidence shows a deposit and the whole of it Is In evidence on the 2d or 3d of each month of JS00 regularly to the firm credit in the Merchants" National Bank. The regularity of the amount and the regularity of the ,,! nimt m jnr that month were $15 and $3): so th.it the division on December 2 would brine ; to Mitchell, after dlvldlnir the office ex- penses. less than one-half of that salary. i l "'"" a,K2.ai? MCSa n . -.i .. .1. .t T. .!.' .w. and another month, and another month. and another month, and he suddenly, ns the amount he receives doubled and more than doubled, he gets $tSl. nearly twice as much, would he wonder where It was coming from, or have any curiosity to find I out where It was coming from, and would he look? Oh. but It might be said. "Yes. he would look then, but that would be looking backwards, and he must have knowledge at thc time he takes the money." Well. I want to be fair; I say. yes. that Is true, but when he looked back the first time he learned that that Kribs money on the Kribs contract was being paid to the firm, and he knew that there was a balance of payment to be made; consequently, when he accepted It the next time, he accepted It with knowl edge, and It Is wholly immaterial whether he knew exactly what day It was put there, because by having knowledge and permitting the second one to be deposited to the credit of the, firm and divided at the end of the month, he made Tanner his j agent to receive It.' and he received it . through Tanner. Now, that happened from that time on. Huns Through Deposits. Now. then, run through this and see the deposits that were made, and what Is the result? In round numbers, of the $30,000 of the total that Is taken In during the four years. $24,000 Is for salary: $S00 a month. $fOX a year. $21,000. Six thousand dollars left from other sources: $3000 of that from these crooked Iand deals. leav ing a balance nf onlv $1000 In all from other sources. Do you mean to tell me that where a firm Is doing business only to that extent that a man would receive two months In succession a check for $730 nnd n check for $a7 the preceding month, and then the next month a check for only $200. and $20). nnd $200 month after month, does not know where It Is coming from? Why, I tell you thnt when you look at the books of that firm as shown by that bank account leave.out these letters now. that show where It was coming from there can be no question on earth but what John H. Mitchell knew that he was getting a portion of these Kribs fees, be cause there can be no question but what ! he knew that the firm hnd practically no business except this crooked land bus! ness. On February 13. 1502. Tanner writes to Mitchell and says he has made another contract with Kribs for some more lands to be put through; that is the Puter list, and he puts the entry In the book, and he states In the letter of February 13 that there Is still a thousand dollars due on this list when they ko to patent, because, he says. "Having these lists before you. I you can make thc same statement to the , .Honorable Commissioner about nil of them. That Is the second list he sent Lack. "We want to bring to bear all the Influence we can to prevent any such ac tion": that is. of sending them back, "and to get those lands passed for patent; not only because It means $1000 of a fee to me, but also because the entrymen as well as Kribs are all Oregon people, and It would be an injustice to all of them to hold up those entries or to refuse to let them go to 5atent " He says "a thousand dollars to me" on February 13. 1202: and on February 14 he writes to Mitchell and asks him to have a personal conference with the Commissioner again; and on March 21 Mitchell replies that he has not forgot ten the matter and is giving It his con stant attention: then on March 29 Tan ner informs Mitchell that Burke has agreed to pav a fee of 5500 If his desert selections can be approved within 30 days, and when the check comes along at the end of that next 20 dava It shows this Increase again in the account which la fiuiuo tu iin.iieu, ls snunu u) uic deposits In the bank account; that It Jumps from $200 to something over $400. for that matter. Now, April 3. Mitchell telegraphed Tanner that the Burke se lection has been made "special" this day. April 24 Tanner writes Mitchell that Benson acknowledges "that through your Influence about 1200 acres of these selections had been passed for patent, and Benson promises to send a substan tial amount on the fee." On May 9 Mitchell telegraphs Tanner that the cases are before the Secretary and will be all right in a few days and patents will ljuue. Now. April 3. Mitchell has the Burke selection made special, and he knows there Is a $500 fee In It. and ad vises Tanner that It has been made spe cial. On April 24 Tanner writes Mitchell that Benson Is going to send a substan tial fee. On May 9 Mitchell wires Tan ner that the Kribs claims will be passed to patent, and he ha? had that letter a couple of months before telling him there will be a thousand dollars due. Asks Copy of Books. On Mav 12 he writes and asks him to send a copy of the books from Novem- ber. 1901, which Is the time he left here, j It was not the Intention of the man down to June. Now. I say that it was agement to change the location of the because he wanted to see whether he , company until ready to move Into a bulld- ffhiJ11.9!,- i-tJ'th 2?.c,i,2? , i' especially constructed for lt use and not: whether that was the money that ,, . . . ... , . was coming to him. There can be no needs, but the consolidation of the ells oue-tlon about It. It seems to me. May I Fargo &r Co. s. Bank with the Lnited 7 TaTlnar- ivr-ftaa Atif nhAll nnrt u ctVl fnr f some evidence that the claims will be patented so as to satisfy the parties; and I1 ihalJS.t.t.LJlerS?5?; ."?.f "lHei.d ter. but I presume he party will want changes now being made in it will admlr some evidence that they are passed to abfr serve the needs of the Title Guaran patent." Now. Immediately after he gets tee &. Trust Company for the time being that letter. Mitchell receives this copy : and enable It to render ever better ser- of the books and these letters. He had ! received these nther letters about these received these other letters about these other fees, and he receives that copy of the books which has In it all of these payments, from Burke and from Benson and the February 13 payment from Kribs. Now what hannens? Getting that letter. and wiring him that it has gone through. he gets another hntcr June 15 that Kribs has naid the $1000. On the 2d of July he gets a check that Jumps up to $TS0 again. Do you think he knew that the $1000 Kribs paid was included In that, and that he was getting it? Do you think. he knew It when It appears that the firm was doing practically no busi ness outside of that? Do you think he knew it when he looked through the books In 19G2, when he was In Portland, and again In 1903. when he was here, and again In 1901. before the October payment was made? Oh. they say. "He did not have the books long." What books are they? This is the book. How far did ne nave to iook: nnen ne came uhck of navinir huihTntr erected fnr It one ln 102 he had to look from November. I 5 . D ..i" Jl ?L ZtJ 1901. to the time he was here. July. 19U2. j ,a Purposes, but the company s growth he have to look? When he came back That Is t3at much. Other Accounts Small. Why. you could turn It over page by I page, rapidly, and the amounts as shown u,,"i-5 , . OL ine l,irs?1 "nuwlDe5.t "T by these bank accounts are so small that , cated banking-rooms on the Pacific Coast. If you Just skip- the $500 that came in The work of preparing the new quarters regularly on the first of the month you j is being crowded along as speedily as pog could let all the small items slide, and sible. nnd it Is hoped that in a few weeks you would strike these big "ems with- j the company will be established In Its out fall: couldnt help but do It. Because . t. ot nrnn9rc.,, they are the only mg items in mere necessarily, because you cannot get the result otherwise, as shown Dy these de posits. It Is the same thing when you. come to the next time he came here. The amount he has to go through Is practically nothing, and In looking through It and only glancing at the larger amounts and then looking to see what the large amount Is for, .there Is no question on earth but what, when he came here in 1902. he saw those Items: he had received, .on July 2, a very large check for his share of the firm buslne5s. and had received the letter June 18 tell ing him Kribs had paid the $1000; then, when he gets here August 2 and looks through the books, how far would he All Nervous, Blood, Skin and Private Diseases of Men Through our vast experience ns specialists we are able to make a full ana early cure in these troubles In tbe majority of Instances where the or dinary practitioner falls to relieve. STOMACH. HEART. LIVER. KIDNEY. BLADDER. 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THE REASO.V why "weak men" are frequently not cured Is because the trouble Is com plicated with "disease of the prostate gland" or with, "urethral obstruc tion." Our treatment cures where others fail. WE USE A CRAYOX One-Fourth Size. made of meJicated "cocoa butter. ' which dissolves readily at the tempera ture of the body. This easily passes the smallest obstruction without pain. It heals the inflammation and removes the congestion and swelling. The remedy reaches the weakened "seminal ducts." heals them and stops unnatural drains. In most cases Internal medicine is required also. The "crayon" Is only used In complicated cases. Tne patient places it without any trouble at night by means of THE APri.ICATOIt One-Fourth Size. which is maJe of hard rubber and Is similar to a syringe. Thus, without any trouble whatever, the healing: process goes on while you sleep. This Is also the most successful mctnod known of treating "Frequent and Painful Urination of Men." We prescribe for each individual case, using many different formulas In crayons. If you have used a similar treatment, do not bo discouraged before you have consulted us. A personal interview Is desirable, but If you can not call, write us. giving- your symptoms in full. Our home treatment Is successful, even in complicated cases. Strictest confidence observej. Plain envelopes used in all correspondence. Instruc tive book for men sent free., securely sealec. WE GUARANTEE A CURE IX EVERY CASE WE UNDERTAKE OR CHARGE XO FEE. CONSULTATION FREE. All correspondence Is sacredly confidential. Office hours 9 A. M. to 5 P. M. and 1 to 8. Sundays and holidays, 10 A- DR.W.NORTOiSDAVIS& CO. Offices in Van-Noy Hotel. S2 Third street, corner Pine. Portland, Or. .have to look? Counsel says that because we haven't a witness who swears that he stood right by him and saw mm iook at that identical item. It 13 not suffi ciently proved that he knew that money was coming from that source.. If that is not sufficient proof, it would be next to Impossible to convict a man at any time on any evidence. Whereupon the court admonished the. jury as usual and an adjournment wa3- taken until 10 o'clock .Monday morning. July 3, 1905. IN NEW QUARTERS. The Title Guarantee & Trust Co. Will1 Move in the Near Future. Mr. T. T. Burkhart. secretary of the Title Guarantee & Trust Company, was seen this morning with reference to the banking rooms In the Commercial Block, at the corner of Second and Washington streets, which have Ju3t been leased for a term of years to the Title Guarantee & Trust Company. He stated that tho growing business of the company had ren dered It necessary to get more room in order to meet the needs of the rapidly ex- ppandlng banking nnd trust business, as I me space- now occupiea oy ine company i coma not De enlarged without encroacn- Ing upon the domain of neighbors and t oustlnsr them, creatlv to their detriment. j as well as being after all a makeshift. States National Bank left vacant one of the most desirable banking-rooms In the I cjty, jn the very center of the banklns: i and financial district, which, with the. i vice In a more economical way than at ! -- . The coianany was established Anrll IS. 1SS7, being the first trust company Incor porated In the State of Oregon. Its of fices were then In the First National Bank building. Subsequently it moved. In oraer to obtain more room, into the Abfng- ton building, and as business grew. It again moved Into the Worcester Block. Upon th erection of the Chamber of Commerce. It was the first tenant to oc cupy offices on the ground floor. The company was reincorporated under Its present charter as the Title Guarantee. & -Trust Company, with practically the same stockholders and officers as formed the first company, which was known as The Real Estate Title & Trust Company. For some time past The Title Guarantee i & Trust Company has felt the necessity nns ocen so rapid, it now employing a force of upwards of 60 people, that it availed Itself of this opportunity to move i " 'V "w: r VT- r. 1VUUC1 C11H.1L-11L Sl IU 110 IdlC i.Uill ber of patrons. Appointed an Executor. Elliott Ruggles Corbett yesterday wab appointed In the County Court one of tho .executors of the will of Henry W. Cor bett. deceased. He Is named in the in strument to become an executor on reaching his majority, and he became" of age on June 2S last. Murine Eyo Remedy cures eye-a; makes weak eye strong. Eootbe eye pain; doesn't smart. undoubtedly the greatest authorities on OF MEN A.