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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 21, 1905)
10 THE 3IOKXIXG- urn X, WEDNESDAY, OXXE 21, 1905. STENOGRAPHIC REPORT OF THE PROCEEDINGS IN SELECTING A JURY - (Continued From First Page.) a Jury and including the charge'of the court to the 12 men selected: Judge Bennett: Gentlemen or the Jury, this lslthe case. of the United Suites against Sen ator Mitchell, who elts here, and who Is charged by the Indictment -with having taken a .fee 'for services before Mr. Hermann. Com missioner of the Land Office, in a matter la, wnlch the United State was Interested. - G. Stelner. Sorn and examined. l&amlnatlon by Judge Bennett: SQ. Mr. Stelner. whereabouts do you live? A. Salem. Q. Hew long have you resided there? A. Nearly 16 jean. Q. You are engaged in what business? A. I used to be engaged In merchandise until yesterday I retired from business and 1 am not In any buMnes at aH at present. Q. Tou live in Salem? A. I do. 1 Q. Do you know anything abeut the farts of thlfi case? Have you heard or read abeut the matter in the papers? A. Tea. sir. Q. From what ju have heard or read, or from any source, have you formed an opin ion as to the guilt or innocence of the de fendant? A. I have not. Q. you have no opinion whatever? A. No. ir. Q. No prejudice from any cause? A. No prejudice. Q. What paper do you read. Mr. Stelner? A. I read The Oregonlan. Journal. Salem Statesman and the Salem Journal. Q. Are you acquainted with Mr. McMahon, who resides at Salem? A. L. S. McMahon? Q. Te. It. S. McMahon. A. Tea. sir. Q. Tou say you have heard tMs matter talked about to some extent? A. Tes. 1 have heard It talked of more or lers on the street, but then It in a matter thet I have not given much attention, as I did not-now the Senator. Q. Did you ever hear Mr. McMahon mention the matter? A. No, sir; not that 1 kaow of. Q. Do you remember who It was that you heard talk about the case? A. I do not; 1 couM not name any one. Q. What you heard and what you read did not caue you to form any optatofi in your mind as to the guilt or Innocence of the de fendant? A. No, sir. Q. Not even an Impression? A. No, sir. Q. Is there anything from any cause. Mr. Stelner, that tends to iirejudice you against Senator Mitchell? A. None, at all. Q. Not in the slightest degree? A. Not in the pllrhtcrt. Q. You knen of nothing that makes you have any feeling of dislike for Mm? A. No. sir; I have not. Q. Tou do not feel unkindly towards him In: any (way? A. No. elr. Q. If you were taken upon the Jury. 1 ther anything which would preveart you frorc giving him a fair and impartial trial? A. No, sir; not as far as I know. Q. Well, you know whether there is any thing. A. Well. I might say there is not. Q. Nothing that wouM prejudice yon against him In the slightest? A. No. sir. Q. And If you were taken upon the Jury you would go upon the Jury and to' him with the. some fairness and give Mm the same J oenent or an reasoname uoum. 11 it came to & question of that, as you would any other person who was being tried? I A. I would, as much as a brother of mine. Q. Tou eay you read The Oregonlan, Mr. Stelner? If The Oregonlan. while you wtre sitting upon the Jury, should publish artlclm tending lo prejudice Senator Mitchell, or should make any attack upon him in an way, would that prejudice your mind In the slight est In the trial of the case? A. It would not. 1 don't allow no paper to prejudice me. Q. Tou would not permit anything of that kind to prejudice you? A. No. sir. Q. I take It you are not acquainted with any of the detective or secret service of ficers of the Government so far as ye kaow? A. I do not understand. Q. I say. fo far as you know, you are not acquainted with any of the detectives or secret service officers of the GovernmoBt? A. I am not. Q. And. as far as you know, you never have talked with or been talked to by any of them about the case in any way? A. Not that 1 know of. Judge Bennett: We take the Juror. Examination by Mr. Honey. Q. Mr. Stelner. how long have yew known Senator Mitchell? A. 1 do not think I have known him more than about a year ersonaJly. so as to know who he was. Today. I think, is the second time I have seen him. Q. Tou were never a member of the Legis lature of this state joursolf? A. No. eir, Q. Did you ever take part In any campaign for the election of a I'tilted States Senator? Objected to by the defendant. Objection overruled. Defendant excepts to the ruling. A. No. sir; 1 have not. Q. Were you In Salem during the time of the session of the Legislature which resulted In the last election of Senator MltehoH? A. I was. Q. Did you take any part in that cam paign? j A. I d)d not. Q. Have you ever taken up any land under the United States laws yourself? A. 1 have. Q. What sort of an entry? A. It was under the pre-emption law. Q. Was that in the SHet: Reservation coun- A. No, sir; It was not. Q. Tou never took up any there. dM yeu? A. No. elr. Q. And jou don't know of any reason why you could not act Impartially In- this case as a Juror? A. I do not. Q. Tou have never expressed an opinion as to the guilt or innoeence of the defendant, have you? A. I might have had. In a certain way. Q. That Is with Us and conditions? Don't state what lt'wax. Tou mean a qualified one? That Is. provided and If Is that what you mean? A. Ytf, 4r. Q. Have u nn opinion now. at this time, as to the .gultt or Innocence of the defendant? A. 1 have not. Juror-accepted and sworn. .11. Cleveland. JaminatlM by Judge Beaneu: Q. Mr. Cleveland, whereabouts do you re 'slde? f A. In Salem. O. How long have y ttved there? A. Twelve earr thl FaH. Q. Are you acquainted wfc Senator Mitch ell? A. No. sir. Q. Do you know anything of him by repu tation? A. Only what 1 have road of Mm. I have read of him and heard of Mm In that way. Q. Do' you know anything about the tacts of this case from any suree? A. 1. fl not. Q. Have you read about the ease? A. Tcs. sir. Q. Have you heard It discussed? A. I have. Q. With what frequency have you heard the case discussed a good many times? A. Oh. a good many times; yes. Q. By persons who seemod to be Inter ested on one Mde or the other? A. No. sir; among ray neigh bars principally- Q. What papers have you read? A. I have read the Capital Journal prin cipally. I take that paper. I have read The Oregonlan and the statesman and the San Francisco Exsmlner. Q'. Arexyou a habitual reader of The Ore gonlan? A. No. eir. Q. Tou read It only, occasionally? A. Just occasionally. Q. F.rom what you read In The Oregonlan. or .from what you read In any of these papers, did you form any opinion as to the gutk of Senator Mitchell tn this matter? A. Tes. elr; I think I have. Q. Is that fnrmed from what you read In the" newspapers or from what you read In the newspapers added to the talk you have heard? A. From what I have read. Q. Tou don't base yeur opinion In any measure upon the talk that you have heard? A. No. sir. Q. What paper was it that you got the Information from fnm which you base your MfJnwn. trom any one in particular trom The Oregonlan? A. .No. lr. not any In particular; Just the Information that I gathered from all of them, I formed an opinion. Q'. Tpu cannot tell whether you formed your -opinion mostly from The. Oregonlan or from the Statesman and Journal? A. Well. no. I seldom read The Oregonlan. Mostly from the Statesman and the Journal. Q.' What do you say? A. I read the Statesman and the Journal mostly. Only occasionally that I read The Oreronlaa. . Q4 X$6 you.-knew among your neighbors who it wia'thM you heard UVulrn aiout lhc cane? 4 1 .sxMii. wuimv wr AaaaMmai s s .'ysi ch nil mini ii 1 1 ii s -v v i j , I A. I remember talking wkh several ot them; jes. Q. Can y name rome them? A. Tes, I have talked to J. HurVe. WHMam Lltt, J. Btoeroa. DifToreM parties. Q. Did you ever hear Mr. McMahon dis cuss the matter? A. No. Q. Has anybody talked to you about the case since you have been summoned oa the Jury? A. No. sir. Q. Not at alt? I there anytMng. Mr. Cleveland, either tM row may have hoard In relation to this caee or in rotation to any matter which prejudices you against Senator MltcheH? - A. No. sir: I tMnk sot. Q. Tou haven't the sMgMest feettag of IH-eJudtoe or dlsttke In yor mind toward him whatevor? A. No. fHr. Q. Tew feeMng. eo Car a you hare m is kindlt ? A. Te5, sir. Q. Do kstow of an; reason . why you eoutd not go up an the Jwry In this ease aad try the eaee with porfect fairness and lm partlaUty? A. I do not think th-re le. Q. Tou know of notMng that would pre vent rou? A. NothMg. imlees I 4M lornt an opinion, that Ic. probably. aceoeAiag to thf facts in the papers I hove rend. 1 formed an opinion that if U was o aad so. why the rcedtt "wooW be sa and so. When I read anything I naturaWy think it is cither true or false, and in reading this. 1 naturally formed an opinion one way or the other. Q. Is that such an opinion as would preju dice you in the slightest In the trial of the case? A. No. Mr. Q. Is it such an opinion as would affect your in tad ir. the eMghteet degree la the trial ot the ease? A. I do sot think so. Examination by Mr. Hener: Q. Have jou ever been a membar of the Legislature. Mr. Cleveland? A. I never have. Q. Tou haven't taken part in the campaign for the election of a Senator? A. No. sir. Juror accepted and sworn. Kd nalley. Examtnacson hj- Ju4g Wowwett; Q Whereabout d yrs jr.ioe? A. Q. A. Q. A. Q eH? A. Klrby. Douglas Count-. Oregon. How long have yo resided there? Close m U) K years. What business are you engaged In? Farming. Are you acquainted with Senator Mlteh- No. sir. Have you ever farated or expre$ed an Q opinion Jn rekusan to tMs case, as 10 the guilt or Innoeence of the defendant? -A. No. fr. Q. Tou have no opinion as to whether Sen ator MltchoM is gwdty or Innocent of the of fense charged? A. No. stew Q. Have you rood anr account of the mat ter or any article in relottoa to the matter In the papers? A. Tes, sir. Q. What papers? A. Well. 1 couldn't say. I take eur county papers there. We take three county rapers the Grant's rasa Courier, the Obferver. that Is a Grant's Pass peper. tee, and the Mining Journal: and I don't know Just which one Of the rapem I read It 1st. Q. Tou don't read The Oregonlaa? A. No. Sr. Q. Is there anything that yeu may have heard In relation to this case or In relation to -any matter, that would tend or doei tend to prejudice you In acy way tgalsst Senator J A- Cr air HARRY MURPHY'S SKETCHES AT -THE OPENING OF SENATOR MITCHELL'S TRIAL Q. Tou have no feeling of prejudice for him from any source? A. No. str. Q. la there anything in political matters which prejudices you against him In any way. or tends to? A. No. sir; I think not. Q. Not the least in the world? A. No. rir. Q. Tou have no unkindly feeling toward him whatever? A. No. rir. Q. Growing out of politics or growing out of asr other eause? A. Xo. sir. Q. 1 take It you are not acquainted with any of the Government detectives or secret service men, so far as you can Identify hem? A. No, -n!r. Q. Tou have never been talked to by any person who seemed to be Interested la the case, about the ease? A. No. sir; not as I know of. Q. Not by any one who eeemed to take any Interest In it whatever. A. No. sir. Q. Or no have any interest In the matter? A. No. j-Jr. Q. Tou know of so reason why you could not go upon the Jury and try the ca with perfect fairness and Impartiality? A. No. rir. Q. Ttu are not holding any Government position. I take It. of any kind? A. No. sir. Q. Have you ever been In the employ of tht Government la any way? A. No. rir. Q. And yeu are net now? A. No. sdr. Examination by Mr. Heney: Q. Mr. Dailey.-are yeu acquainted with an attorney by the name of Colvlg? A. Tes. sir. At Grant's Tact? Q. Tes? A. Tes. air. Q. Have you talked with him any about this case? A. No, sir. Q. He has not spoken te you about It? A. No, sir. Q. When did you see him last? A. Why. I don't know; I couldnf say as te that. I wasn't talking with him the last I saw him. I met the gentleman this Sum merthis Spring, rather. Q. Did you have any talk with him about this rase at that time? A. No. sir. Q. Has anybody talked with you since you were summoned as Juror, about this case? A. No. sir; not any more than It come around that there would be a case In court against Mr. Mitchell. 1 Q. Where were yeu when you were sum moned? A. At Klrby. Oregon. Q. That Is a small-town. Is It? A. Tea, sir. Q. Did yeu tell anybody that you had been summoned? A. Tea, sir. Q. Did yeu talk with that person, or did any person talk with you. after j-ou were summoned, abeut yeur coming here? A. Tes. air. Q. Was anything said about this case? A. No. not la particular; not any more than that there was a case of that kind; and X told them that I was a Juror on the case, and of course I couldn't talk about it or listen to.it. Q. Who was that that you talked with? A. One Is Mr. Lovelace, of WUdervtlle. Q. -Just one person, was it? A- Oh. there were -several others that rpoke of It; Mr. Wilson, of Klrby. Q. What Wilson is that? A. WlUla5-.jp. wiitra. -ttr cxxi a mXx. T went down and brought him out from the mines Sunday. Q. Did any of those people .express any opinion as to the guilt or Innocence of Sen ator Mitchell? A. No. sir. Q. Have you ever expressed an opinion as to his guilt or Innocence? A. No, sir. - Q. And you have none? A. No, sir. Juror accepted and sworn as No. 3 of the panel. ' II. D. Hill. H. D. Hill being swem. was examined as follows; By Mr. Bennett; Q. Mr. Hill, do you reside In FriaevUle.? A. No. sir; I reside In Washington County. Q. Are you acquainted with Senator Mitchell? A. I met Senator Mitchell two times, but not intimately acquainted with him. Q. Is there anything In your acquaintance with him that would tend te prejudice you against him la any way? A. No. sir. Q. Have you read the accounts la relation to this matter In The Oregonlan? A. Tes. sir. Q. And also in the other papers? Have you heard the matter talked of quite gen erally? A. I have heard It talked ot a great deal. Q. Have you heard anybody talk about the case who was interested la It In any -way or claimed to be Interested In any way? A. Nobody who pretended to kno'x the facta. They max have been Interested. Q. But so tar as you know they were not interested? A. No. dr. Q. Nobody that claimed to be interested? A. No. sir. Q. Are you acquainted with Mr. Heney. who Is acting as District Attorney? A. I am not. sir. Q. Are you acquainted with any of the detectives or Secret Service men. so far as you know? A. Not to my knowledge. Q. Have you ever heard any of them, so far as you know, talk about the case? A. No. sir; not so far as I know. Q. Have you heard, enough about the case so that you could form any definite opinion as to the guilt or Innocence of Senator Mitchell? A. I have read a great deal about the case and heard some talk. Could not help hut have some Ideas about It. but no definite opinion. Q. Do you .think you could disregard everything you have heard, and go upon the Jury and try the case as though you had never heard anything about It? A. Tea. sir. Q. And render a verdict according to the law and evidence as given you on the trial? A. I would certainly have to go according to rny oath. Q. There Is nothing In anything that has ever transpired that makes you feel un kindly towards Senator Mitchell In any -way? A. No. air. Q. If you were called on this Jury you could and would give him a fair and Im partial trial? A. Tes. sir; as far as I ant able. Mr. Bennett: We will take the Juror. By Mr. Heney: Q. Are you any relation to William Lair Hill? A. Tea, sir. Q. What relation? A. A brother. Q. When did you see htm last? A. Probably last "Winter. Q. He was here at that time? - A. Tes. sir; I met him here. Q. The grand Jury was tn session at that time, was It not? A. I really don't know whether It was In session or not. It was soon after. ' Q. .What? . ' A. A! the Use 2 sej. XJr I Acn't ksv whether It was or not; It was soon after that, and It might have been at that time. Q. Was not that what brought him up here? A. I don't know his business here. Q. He did not talk with you about It? , A. He did not tell me what brought Mm here. Q. Do you knew Pierce- Mays? . A. Quite well; yes. sir. Q. How longTiave you know him? A. Oh. I expeet I have known Pierce 20 years or more. Q. At the time you saw your brother dkln't be tell you he was acting as attorney for Pierce Mays A. He did not. Q. And he did not tell you he was up here beeause Fierce .Slays was tnen oeing invest! rated by the grand Jury? A. He did not tell mo anything about that at all. Q. And he did not tell you that Pierce Mays and Senator Mitchell was being Investi gated Jointly? A. No. sir. He told mo that Pierce Mays would likely be In trouble, but he did not say anything about Senator Mitchell. Q. He Is now acting as attorney for Pierce Mays In a matter In which Senator Mitchell and Pierce Mays are Jointly Indicted. Is he net? A. Not that I know of. Q. Not that you know of? A. I know nothing about It. Q. Is he here now? A. Not to my knowledge: X have not met him here. Q. Is Plerco Mays at your brother's house now in Oakland. California? A. I don't know. Q. Tou have not heard from your brother? A. No. sir: not a word since I met him last Winter. Q. How many times were you talking with him last Winter when he was here? A. Oh. X met him two or three different times. Q. Was he at your houso? A. No. sir. Q. Where did you meet him? A. I met him at the Belvedere HoteL Q. Was he stopping there?" A. No. sir. . Q. Were you? A. Tes. sir. Q. Did you keep house? A. Me and .my wife do. Q. Here la town? A. No. sir. O .Where? A. Out on the farm, about twenty miles. Q, Was your brother out there during that visit here? A. No. sir. O. How Ion? did you talk with him on eeeh of the occasions you saw him here? A. Oh. we were together probably 15 rain utes once and him and I and others alto gether at the hotel, maybe an hour, might hare been more ana rnignt nave seen less. Q. Who were the others there at that time? A. I can t rememoer out one man ? Q. Who was he? A. That was B. F- Allen, of Prlnevllle. remember him. There were several In the crowd telllnr stories. Q. Was Marlon Biggs there? ' A. I don't think he was. No, I am quits sure he was not. Q. Did B. F. Allen tell you he was here in town on the expectation of being investi gated by the grand Judy In connection' with Durgan Devine himself? A. Did B. F. Allen tell me that? Q. Tea. A. When? Q. At that time. A. When? ' Q. At the time you saw him at the hotel here last Winter? A. He told him at one time he might be -indicted; he did not say In connection with whom. Q. Was your brother there V. No. sir. Q. When was it? A- Xhat-AIUo i2 -rs that? Ofe, H' wis J probably two or three weeks after my brother left here., or after I saw my brother: I don't know when ho left here. Q. At the time he told you that, did he express his opinion to you. of the prosecutor in this- case? A. Of what? Q. Of the prosecutor, myself. A. No. sir. he did not; 1 den't Know mat I ever heard him mention your name. Q; Were you reading the newspapers at the time you saw your brother here? A. I read them every day. If I can get hold of them. Q. Do you say at the time you saw your brother that you did not know that the grand Jury was In session? A. I cannot say tnat l Knew s ia session at that time. I knew It was In ses sion at or near that time; It might have been right at that time. Q. But your brother said notamg aooui what he was doing here? A. Ho did not tell me anything aoout na business. Q. Didn't you ask him what he woe do ing here? A. No. sir. Q. Tou had no curiosity to leara why he came up here? A. If I did. X did not want him to Know u. Q. Does he come here frequently? A. Well, really. I read aboht hlta once In awhile In the papers, but I don t see htm here very frequently. Q. He bad not been here for a aumher 01 years? A. One thins he told me when ne nrst mei roe here, that he wanted me not to be uneasy about the money he owed me; that he would pay me some day. Q. Was that the reason you dM not warn him to think you had any curiosity about why he cams here? A. That Is not altogether the reason; no. O. Did ho tell vou where he expected to get a fee In a criminal case very soon with which to pay you? A. ?fo. sir. He told me exactly wnere ne expected to get it. Q. He did not tell you he had been em ployed by Pierce Mays? A. He did not. Q. Did anybody tell you that? A- No. sir; I don't know that he Is today? Q. Tou do not? A. No, sir. Q. Do you know Congressman Williamson? A. I do. Q. How well do you know him? A. Quite well. Q. How long have you known him? A. It must bo 20-odd years; I lived In the same county Crook County lar a num ber of years. I lived In Crook County prob ably 23 years before X came down here. Q. Ever talked with him about these prose cutions and the land-fraud cases? A. I have never met him since the land- fraud cases came up. Q. Do you know Dr. Van Gessner? A. I do. Q. Didn't you see him hero Just about the same time you saw your brother here last Winter? A. I saw him here at two different times; I cannot call to mind whether It was at the eame time I saw my brother or not. Q. Ho Is a partner of Williamson's is he not A. Not to my knowledge, any more than hearsay. I don't know It to bo so. Q. Did ho tell you he was expecting to be Indicted at that time? A. Who? v Q. Dr. Van Gessner? A. No. Q. He did not tell you? A. No. sir. Q. Did ho tell you what he was doing here? A. No. eir; not particularly. X doti't know' as he told me at all. Q. Didn't you read it In the papers? A. What In the papers? Q. As to what he was doing here? A. No. sir: I read It a long time after that. or some time after that I read In the paper that he was Indicted. Q. That was a very short time after, was It not? A. It might have been; thoee dates I don't remember exactly, Q. Didn't you read In the paper at that time that he was being Investigated and that there was probability of his Indictment? A. I read before that. Q. Before you talked with him? A. No. not before I talked with him. Q. How did you fix the date you talked with him? A- I don't fix the date; 1 don't know ex actly when It was. Q. How do you remember so distinctly that you did not know that at the time you talked with him? A. Did not know what? Q. That ho was being Investigated by the grand Jury? A. I did not know whether he was or not: did not know any thing about It. and he did not cay anything about It Q- Tou have no opinion as to the guilt or Innocence of this defendant, have you? A. Well, not a fixed opinion. Q. X did not ask you about a fixed opinion. X asked If you had any opinion? A. Well, from what I read In the paper X formed I have some Idea. Q. Can you answer that question by .yes or no? A. What was It Q. Have you any opinion as to the guilt or Innocence of this defendant? A- WelL yes I have from what I have read, some opinion. Q. Never talked with anybody about It? A. About what? Q. The facts, or what purport to be the facts of this case? -V- No. sir. Q. Never read them 'In the newspapers? A. I have read In the newspapers, yes. stated all the time that I have read In the newspapers. I read the papers all the time. Q. Did you read any paper that purported to give the testimony given by Judge Tan ner? A. I would not state positively whether I read that Issue or not. I take the Dally Journal, not the Oregonlan. I remember reading- some things that were about Judge Tanner in connection with the case. Q. Now. Mr. Hill, had you read that ar tide, don't you think you would remember It? Haven't you seen that artlele that had what purported to be a facsimile of a letter written by Senator Mitchell? A. Tes. sir; I read about It. Q. Oh. you did read It? A. Tes. I don't know what number It was. Q. Did you only read a part of It A. Oh. I think after I started In I probably read It all; X usually do. Q. And didn't you form an opinion then and there as to the guilt or innoeence of this defendant?. A. Well. It had some effect on me, Q. It took effect on you? A. I say It had some effect, -forming an Idea about It. A man can hardly read with out forming some opinion, although this newspaper talk Is not evidence. Q. Is your disinclination to form an opin ion on newspaper talk based upon the fact that you were evtr in the newspaper Dust ness yourself? A. Me? Q. Tes; were you ever In the newspaper business? A. No. I never was. Q. Did you ever work on The Oregonlan? A. No. X have been In the. building, but I never set any type. Q. Never worked there? A. No. sir. Q. Tour brother was the editor of The Oregonlan In IS" 3, was he not? A. I can't tell you; he was the editor of The Oregonlan at one time, but I don't know the date. I was quite young then. Q. Tou were quite young? A. Well, yes; that was a time when I was fuller of mischief than reading and I don't know much about It. I did not read much. If I ever read an lsue of the paper when he edited It. I did not know It. Q. How young were you In 1S73 that you did not read much? A. In 1S73? Q. Tea? A. In 1S7S? I was born In 1S47; that would make me twenty-four. Q. Didn't you read much when you -Were twenty-six years old? A. Ob. some, but not as much as I do now. Q. How long did your brother remain editor of The Oregonlan. A. X know nothing In the world about it. Q. He was engaged In an attack on Sen' ator Mitchell at that time was he not? A. I don't know anything about It. have heard that ho was. X have been ac quainted with my brother & long while, but I never read an Issue of The Oregonlan he edited and I never heard him make a speech In court Q. Are you very friendly with Senator Mitchell? A. X can't say that X am. any more than am friendly with any man that X have, met and shook hands with. I think. I have met Senator Mitchell and shook hands with him. probably twice In my life. Q. How long have you known Marlon R Blggs? A. I expect I have known Biggs seven or eight years. Q. Did you see him at the time you saw Dr. Van Gessner and your brother? A. I met him here; yes, sir. Q. Did he tell you he was being Investi gated by the grand Jury? A. Tes. Q. Did he express his opinion to you ot the prosecution of thees cas-? A. No. sir; I did not talk with Biggs but very little. Q. Did you ever express an unqualified opinion as to the guilt or Innocence ot the defendant? A. I don't think I ever did. Q. Did you ever express an opinion at all? A. I possibly have. Q." Did you qualify It any? A. I qualified It by "lfs." yes If so and o was the case; I think I probably have; I can't call to mind that I did. but I probably havebeen talking with friends In the lobby of the hotel. Q. But you think you probably qualified It by "If." do you? A. Tes. sir. Mr. Heney: We challenge the Juror per emptorily. n. i. uuver. It. L. Oliver was sworn and examined as follows: By Mr. Bennett: Q A. Q A. Mr. Oliver, where do you reside? I reside in Pendleton. How long have you resided In Pendleton? 1 resided near Pendleton for about 21 years, Q. What business are you engaged In there? A. I was engaged in me grocery guainew and farmlnsr U yearaand I closed up tno 1 n n ahTa trincf nf mv atten- (rocerj- uumcaj ouu o - - . tlon now to farming. Q. All of that time in umatuia uoumyi A. Tes. sir. Q. How long have you lived In the State of Oregon? A. From 1578. . Q. Whereabouts did you come from herer A. I came from California. Q. Are you a native ot Canlfornla? A. No. sir. Q. What Is your native state? A. Michigan. Q. Are you acquainted with Senator Mitch ell? . A. No. I am not: I never met senator Mitchell but once. Q. Tou met him once ana Know- ot mm by reputation? A. Yes. eir. Q. Are you a reader of The Oregonlan? A. I am. Q. Have you heard thu matter talked about In the neighborhood where you live elnce It came up? A. I have heard It talked pro and con in my place of business, but I never paid any particular attention to what was said. Q. Did you read the statements In relation to the matter published In The Oregonlan from time to time? A. I presume I have: I could not say. X read The Oregonlan quite closely. Q. From what you have heard and read, have you formed any opinion as to the. guilt or Innocence of Senator Mitchell? A. No. I have not. Q. None whatever? A. Nono whatever; no. Q. Tou have expressed none at any time? A. ?Cot to my Knowledge: no, sir. Q. Either qualified or unqualified? A. No. Q. Well, of course you know you have not If you have not formed any? A. No. I have not. Q. You know you have expressed no opin ion? ' A. I could not express any. Q. Ia there anything that, you may have heard or read about this case or about Sen ator Mitchell which has tended to prejudice you In any way against him? A. No. sir. Q. Anything which has tended to make you feel unkindly toward him in any way? A. No. sir. Q. Nothing? A. No, sir. Q. Tou have no feeling of unklndness toward him at all? A. No. sir. Q. Tour feeling towards him Is kindly so far as you have any at all? A. Tes. sir. Q. And. yon say that you have formed no sort of an Impression or opinion from what you have read or heard about the case? A. No. I did not. Q. Has anybody talked to you or have you heard anybody talk about the case who was or seemed to be Interested In the mat ter? A. No. Q. Tou have only heard casual talk in the neighborhood? A. That Is all. Q. Persons who have no interest In the matter at all? A. That Is all. Q. Are you acquainted with Mr. Heney? A. I am not. Q. Are you acquainted so far as you know with any of the detectives or Secret Service officers of the Government? A. I am not. Q. Have you served on a Jury within the last year In the State Courts or United States Court? A. No, not within the last year. Q. Have you served on a Jury In this court within two years? A. I have not served on a Jury In this court at all. Q. Tou know of no reason why you could not go upon this Jury and try the case with fairness and impartiality? A. I do not. Q. Do you know of anybody in your neigh borhood who Is taking any Interest in this matter on one side or the other? I do not ask you to state who it Is, but If you know of anyone who Is taking any Interest? A. I don't think I do; I cannot call to mind anybody now. Q. Has anybody talked to you as though they had any Interest In the matter what ever? A. "No. sir; X don't know as I have heard it mentioned for months. Q. If you were on trial on a charge of this kind and were Innocent, would you be willing to be tried by Jurors who felt towards you In relation to your case as you feel towards Senator Mitchell and his case? A. I would; yes. sis. Q. Tou feel that you could and would. If taken on thl Jury. Mr. Oliver. In this case, give Senator Mitchell a fair and Impartial trial? A. Tes. sir. Q. And If It came to a matter of doubt, give him the benefit of all reasonable doubt the same as you would any other defendant? A. X don't know any reason why I should not. Q. And you feel that you could and you would? A. Yes-, sir. Mr. Oliver accepted and sworn as No. i of tho panel. Burt Xebeau. Burt Lebeau, beln oworn. was examined as follows: By Mr. Bennett: v Q. Where do you reside? A. McMlnnville. Q. How long have you resided there? .A. Near that place about 25 years. Q. Where did you reside before you went there? - r- A. Forest Grove,' Washington County. Q. How long did you reside In Forest Grove? A. About ten years. Q. What business are you engaged in now? A. Doing carpenter w.ork. RATIONAL TREATMENT or Stomach Diseases MEANS t Discard Injurious Drugs A Harmless Powerful Genskade Endorsed by Leadmg Phjuidans. Send twenty-five cents to pay postage on Frts Trial Bottle. Sold by leading druggists. NOT qxnutftc WITHOUT M7 SMMATUXE: 62M PRINCE ST.. NEW YORK. 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