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.
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