Morning Oregonian., June 21, 1905, Page 11, Image 11

THE 3IORXTN"Gr OREGOXIAX, "WEDNESDAY; JUNE 21, 1905
-11
Q- Are yeu a native Oregonlan?
A. No, ir.
Q. T.'here -were you born?
A- In low.
Q. I take It that you hare read the paper
since 'this matter came up?
A. Tes. elr; I read the papew.
Q. What papers.
A. We take The Oresonlaa and our county
papers.
Q. Tour local paper?
A Tee. sir.
Q. The Dally or "Weekly Orecenlan?
A. "We take The Dally Oreronlan now.
Q. Do you remember of reading the account
of this matter in. The Oresonlaa?
A. Tea. elr; I have read some.
Q. Did that make any particular Impres
sion on your mind?
A. No. elr.
Q. Have you heard the matter talked
about?
A. Not very much.
Q. Have yeu termed or expressed any opin
ion as to the guilt or Innocence of the de
fendant? A. I never have.
Q. Are you acquainted with Mr. Heney?
A. No. sir.
Q. Are you acquainted, no far a yeu knew,
Trith aay of the Government detectives or
secret eervlce offleera of the Government?
A. No, sir; .1 don't know anything about
them.
Q. Ton have never heard any of them talk
ing about the cae?
A, No. air.
Q. Have you ever heard anybedy talk abeut
the case who warned or claimed t be Inter
ested in the matter?
A. No, air.
Q. Is there anything that yeu may have
heard about this case, or any matter, whleh
would tend to prejudice yeu In any way
against Senator Mitchell?
A. No, air.
Q. Or make you fe! unkindly toward htm?
V, No, sir; I have a kindly feeling toward
him.
Q. Could you and would you. if taken upes
thifi Jury, try the ease fairly and Impartially
according to the law and evidence, wlthewt
regard to anything you may have read in
The Oregonlan?
A, Tes, air.
Q. If you were on trial en a charge ef this
kind, -would you be 'wtMtag to be tried Wr
Jurors who felt toward you and yoHr cafce
aa you do toward Senater Mitchell and his
case?
A. Tcs, eir.
Mr. Bennett; TVe will accept the Jurer.
By Mr. Heney:
Q. Mr. Lebeau, have yeu ever held aw
public office?
A. No, fir.
Q. Do yeu knew J. J. Fitzgerald?
A, No. sir; I den't knew him.
Q. Have you ever made a timber entry In
this etate?
A. I never have; ne. sir. "
Q Have you a brether?
A. Ts, fir.
Q. "Where does he live?
A Ferest Grove.
Q Hew leng has he been Mvtng thw ?
A He has lived there about 39 years er
mrre
Q. What does he do?
A He Is a merchant, or a dark. In Mr.
Bailey's store there.
Q. Do you know whether be has ever
made a timber entry?
A Ne. I knew that he has net.
Q Never tried to?
A. I don't think he ever did.
Q. Do you knew Pierce Mays?
A. Ne, sir.
Q. Tea don't knew of any reawn why yeu
could net try this case impartially, yeu
think?
A. No, sir; I den't know of any reaten.
Q I understand you to say yeu never met
Senator Mitchell?
A No, I never met him; I have heard him
epeak once er twice.
Q Are you acquainted with Mr. Bennett?
A No. sir.
Mr. Heney: We will accept the Jurer.
Mr. Lebeau was accepted and aworn as
No. -5 of the panel.
J. A. BaxtcrT
J. A. Baxter, being sworn en Mi velr dire
was examined as to quallflcatiena as a Jurer
as follewe:
By Mr. Bennet:
Q.
Mr. Baxter, where ao you nvei
Dallae. Polk County.
How long have yeu resided there?
Nearly all my life.
A.
Q.
A.
Q.
In?
A.
What business have you been engaged
Farming and stock-raising.
Q.
A.
Were you born In Oregon.
Tes. sir; I was born In Fek uounty.
I take It. then, that you have known
Q.
Senator Mitchell for a good many years, er
have known, of him?
A. By reputation only, I nover met Sen
ate Mitchell In my life.
Q. If I may ask. bow eld a man are you?
A, Ferty-elg&t years old.
Q. Have you heard any talk about this
cass?
A. Tea, elr. I have.
Q. From any one who claims to be Inter
ested lit the matter In any way?
A. No, elr.
Q. Have you read aiy aeeeunts In rela
tion to the matter r Matemonta In the pa
pers? A Tea. elr; I take the Dally Oreconlan and
the local papers also, and I have read Jwne
accounts In The Oregonlan, of course.
Q. Tou take The Dally Oregonlan?.
A. Tea. sir.
Q. Did you read enough in the paper er
hear enough talk about It se that yoti ewtM
frm an oplnlen as to the gwllt or Innocence
of Senator Mitchell?
A I can't say that I have.
Q Tou have no opinion, then. In relation
to the matter of hie guilt er tnnoeeee?
A. No. "lr; I have not. no fixed oplnlen.
Q. Do you know Mr. Heney, who Is aeting
as District Attorney?
A I do not.
Q. Are you acquainted with Mr. Bwrn. or
any of the Government detectives or secret
service men, so far as you knew?
A. So far as I know, I have never eeen
any of them.
Q. Hae any one talked to you abotU the
ease who eeemed to Ure any interest In the
matter or eared for U In any way?
A. No, elr.
Q. As to how it came out?
A. No. elr.
Q. 1b there anything you may have heard
at any time In tbo past in relation to this
- use or In reJatle to any other matter whieh
has prejudiced you In any way against Sen
ator Mitchell?
A. Ther is not.
Q Tou have ne bias er feettng ef dlsMke
towards him from amy cause?
A I have not.
Q Tou have no feeling Hi your mind
toward" him that would make ye mere rexdy
to convict in his cae than that of any other
citizen?
A. Ne. nlr.
Q If you were taken on the Jury. weuM you
try the case according to the evidence given
you on the trial?
A. I eertainly wowtd.
Q Without regard to anything you may
have heard or read?
A. Ten, elr; I think oo.
Tou would entirely disregard thot?
A. Tes. Kir.
Q. If The Oregonlan ehowM eentsnve tn
publish article while the case was on trial
similar to those it has published, or articles
attacking Senator Mitchell In any war. wwuld
thofe article hate aer effect In your mind
on the trial of this ea?
A. Not in the Wet.
Q. Tou would not permit them to have any
effect upon yowr mind whatever?
A. No, Mr.
Q. Tou absolutely know of no r-an why
you could sot try the ease with perfect fair
nees?
A. I knew of no reason, no. sir.
Q. And j-m would d re?
A. I certainly weW. to the best of my
ability
Q. Tou feel that if yeu were on trial on
a charge even as the en against Senator
Mitchell you would be witting to be tried by
Jurors who felt toward you and your eaoe as
you feel toward him and hi case?
A. Tc. sir.
Mr. Bennett: We wUl take the Juror.
Mr. Honey: We will accept the Juror.
J A. Baxter was thereupon sworn and be
came Juror No. 6 of the panel.
J. I. Clausen.
J. P. Clausen, being sworn on his voir dire,
was examined ns to his qualifications for a
Juror fellows:
By Mr. Bennett:
Q. Mr. Clausen, where do you nwide?
A la Middle on. Ceo County.
Q. How hg have you Mved there?
A. Twenty-two years.
Q. What burinets have jot! ben engaged
In?
A. Farming.
Q Do yen own land down there?
A. Tea. sir.
Q. Have you taken Government land?
A. No. sir.
Q Tou bought your land? Tou never have
taken Government land?
A No. Mr.
Q I take it you are a oltizen of the
United States, born in tMs country?
A. No. sir; born in Denmark? .
C I tahe It you have taken out your sec
ond papers? ,
A. Tes. sir.
Q And you are a full citizen of the United
States?
A. Te. sir; have been about 2R years.
Q. Are yoiT aequalsted with Senator
Mitobeil?
A. No. sir.
Q; NeWT-have been?
A. No. sir; never have sen him before
todar-
Q. Are "yeu acquainted" with Mr. Blnger
Hermann?
A. 2o. slrz
Q. What papers do you read?
A. I read, the county papers, and I take
the San Francisco Chronicle.
Q. Tou do not read The Oregonlan?
A. No, sir.
Q. Have you read anything In the papers
In relation to this case against Senater
Mitchell?
A. Tes, sir; In -the county papers.
Q. Tou. have sot read any thing in the San
Francisco Chrenlele?
A. Well. 1 don't remember that I have.
Q. Tou read the eounty papers?
A. Tes, sir.
Q. Has the matter been talked about a
good deal down there In the neighborhood
ef where you live?
A. No. elr; not to me.
Q. You have net heard It talked about?
A. I den't remember ef It; I night have
heard talk about it. but It never Interested
me any. I did not take an interest In It.
Q. From what you read ta the paper and
talk you heard, did you form any oplnlen aa
to whether Senator Mitchell was guilty or
net?
A. I did not.
Q. Tou have no oplnlen or impression
even?
A. No. tlr.
Q. Is there anything that makes yeu feel
unkindly towards Senator Mitohelt?
A Ne. elr.
Q. Tou have ne prejudice against him
from any e&use?
A. None whatever. . .,
Q. Tour feeMbj towards blra Is friendly?
A. Yes. elr.
Q. If you were taken aa a uror oould
you and would you go upon the Jury and try
the case with perfect fairness and Impar
tiality? A. I would.
Q. I betteve you stated you were not ac
quainted with Mr. Heney?
A. No. sir; I don't know him.
Q. Nor with Mr. Bums?
A. No. sir.
Q. Se far as you knew you are not ac
quainted with aay of the detectives?
A. No. sir.
Mr. Bennett: We will take the Juror.
Mr. Hesey; The Government accept the
Jurer. .
J. P. Clausen was thereupon Jsworn ana
beeame the seventh Juror.
S. A. Cnxlton. '
Mr. S. A. Carlton being wxrn was ex
amined as follows:
By Mr. Bennett:
Q. Where do you reside?
A. JHckson County. '
Q. How lone have you resided there?
A. Thirty-five years.
Q. Where did you oome from there?
A. Linn County. Oregon.
Q. . How lone have you resided in Ore
gon? A. Since 18C6.
Q. I tal;e It that yu know Senator
Mitchell either by reputation or person
ally In those years. .
A. Bv re mi tat Ion only; I don t know
him personally. , ,
Q. Is there anything In your knowl
edge of him or In the reputation, or what
vu have heard about him that would
prejudice you In any way against mm?
A, No, sir.
Q. Or a desire to have him convicted
o"f this charge?
A. No, sir. ,
Q. Have you read the accounts in the
papers?
A. I have. yes.
Q. Have you road enough so that you
could form an opinion as to hte guilt or
Innocence?
A. No, sir.
Q. You have no opinion as to his guilt
or Innocence?
A. No fixed opinion: I have an opinion.
Q. You may have formed some opin
ion, but you have no definite opinion?
A. No. sir.
Q. Is the impression you may have
formed such that It would affect your
Judgment in the trial of the case in any
degree?
A. I. don't think so.
Q. You could disregard it entirely and
everything you have heard and read?
A. Yes. sir.
Q. And you would do that?
A. Yes. sir.
Q. And give Senator Mitchell a per
fectly fair and impartial trial?
A. Yes. sir.
Q. And you would not be willing to
convict him until the evidence should
satisfy you beyond n reasonable doubt of
his guilt?
A. No. sir.
The juror was accepted and sworn as
No. 9 of the panel.
Casper Wkemandrr.
Caspar Wisemander. being duly sworn,
on his voir dire, was examined as te his
qualifications for a juror, as follows:
By Mr. Bennett:
Q. Mr. Wisemander. where do you live?
A. For the last couple of days I am in
Oregon City. I used to live at Maxwell,
and for a while in Portland, the last fow
months. But before. I always lived in
Clackamas County, ntvar Maxwell.
Q. How long is it since you lived in
Clackamas County?
A. Before I came to Portland?
Q. Yes; how long since you first came
there?
A. I came there in 1&S9.
Q. Whore did you come from?
A. I came from New York, and from
Germany before I came from New York.
y. IK) you own any uovernment iana:
A
I took up a homestead.
When was that?
The 3Pth of December, IMP.
And you proved tap on it?
Yes, elr.
Have you taken any land since that
Q.
A.
Q.
A.
Q.
time
A. Not since that.
Q. So. was that where you now live?
A. Well, not exactly. 1 soM that about
seven or eight years afterwards and
ViAiiftUt o ntaM v-tlt Iajca 1a if nnA tkMI
1 tmd that last one. and that fs the rea
son I ara living In Oregon City now.
Q. Having Mved here since IMS'. I take
It you have known Sonator Mitchell, or
known of him?
A. 1 don't think I do. 1 think this is
the first time I ever saw him. today. I
might have seen him before.
Q You have known of him during that
time. I talke it?
A. I have known Mr. Bennett a good
many years, too.
Q. Well, you know Senator MitchelJ, by
reputation. I mean?
A. I guess I do.
Q. Heard a great deal of him?
A. Yo.
Q. Is there anything in what yon have
heard of him that prejudices you against
him in any way?
A. Not at all; I have no prejudice
against anybody.
Q. You have no fooling of dislike to
wards him?
A. Nothing at all of that kind.
Q. Any fooling that you would like to
see him convicted on this charge, or any
thing of that kind?
A. Not that 1 can see.
Q. Well, you know whether you have
any such fooling as that or not?
A. WclL of course, now ir you asked
me my opinion
Q. l am not asking you your opinion.
A. I have no fooling against him.
Q. Have yi any feeling that you
would like to see him convicted?
A. Not at all.
Q. Do vou read tho paper?
A. I do.
Q. What paper? ,
A. The Journal. Telegram and Orego-nlan-all
three of them: since I am la
Portland here. I have plenty of time.
Q. This matter has been talked about
a good deal in your neighborhood and
all around this country?
A. WH, off and on while It was before
the grand jury.
Q. You have heard it talked of a good
deal?
A. Yes , , 4.
Q. From what you have read in the
paper, and what yon have heard about It.
have vou formed any opinion in relation
to the" matter?
A. I have. ,
Q. That is a nretty definite and fixed
opinion, is It not? ,
A. WoM. pretty strong.
Q. And you have expressed it a great
many times? .
A. Well, not a great deal. '
Q. Well, yon have expressed it?
A. Not from ray own, altogether, but
only .what tho paper stated.
Q. You have a pretty strong and defi
nite opinion? , .
A. I have a strong opinion.
Q. Have you for told people what
you thought about It?
A. I don't think I over did.
Q. Is that such an opinion In your
mind as would take evidence to remove?
A. I think so. I think it would take
evidence to remove lt
Q. Pretty strong evidence?
A. Pretty strong evidence.
Q. You don't reel. then, that you
would be a fair Juror?
A. "Well. I could be fair to any man
tinder oath.
Q. But you den't think it would be
fair for you to sit oa the Jury, having
such a strong opinion?
A. Well, of course It takes pretty
strong evidence to remove it.
Q. If you were on trial in a ca?e of
this kind, on a charge or this kind against
you. you would not want to be tried by a
..man who bad as strong an opinion in
your case as you hare in Senator Mitch
ell's case?
A. Just as soon as anybody else, so
far aa I am concerned.
Q. You would be willing to be tried
by a man who had a strong opinion
against you?
A. If a man la true to his duty, it
don't make any difference. The opinion
could be removed.
Q. But until it was removed you
would have your mind pretty well made
tip?
A. I hare my mind made tip. ves.
Q- You think if the evidence was
strong enough in- his favor to change
your opinion, that you might find differ
ently, then.
A. Well, of course. I would not say
that now.
Q. But it would have to be strong
enough to change your opinion?
A. It would have to be pretty strong.
By Mr. Heney:
Q. Do I understand that If you were
sworn as a Juror now and the case was
Submitted tO VOU without ovtrionn vnti
would be willing to go out and vote on it?
A. 1 would try and do my duty.
Q. Would you be willing to go out And
vote on it without any evidence?
A. I don't think so; I would want evi
dence first.
Q. If evidence was produced here,
could you exclude the opinion that you
nave and try the case on that evidence
alone?
A. Well, that is a pretty hard matter
for me to express my opinion on this.
Q. As I understand you. you said a
while ago that if a Juror wanted to do
his duty, you would Just as soon have him
try you, if he had such an opinion as you
have?
A. I would.
Q. Well, is that because you could trv
the case on the evidence produced here?
A. I would try to.
Q- Without any regard to your opin
ion? A. I would try the case on the evi
dence. Q. Without any regard to the present
opinion you have?
SIe11' yes slrJ 1 think I could do
it. Of course, my opinion is pretty
strong.
By the Court:
Q. Do you have a fixed opinion that
the matters that you have read In the
papers were true?
A. Well, or course. If everything
what the paper stateJ was true
Q. That is not It. I asked vou
whether you believed everything that
was stated In the paper, whether you
hau the opinion that every statement
made was true?
A I don't know; I don't believe
everythlne that is stated In tne papers.
y. You understand, don't you. that
os . Juror it would be your duty to be
guided by the evidence of the wit
nesses? A. Yes, sir.
Q. Do you think you would be able
to listen to the evidence of the wit
nesses given In the hearing and base
yolir verdict entirely on the testimony
without any reference "to what vou
have read In the papers?
A- You mean without any feeling of
any kind?
A. You mean without any feeling of
an kind?
0. Yes.
A I think I could do that.
Q. You think you could?
A. Yes. sir.
Mr. Bennett: May we say a word In
relation to the matter. Your Honor? It
seems to me that this Juror has shown
that he has a very strong and unqual
ifies opinion in his mind. It is true, he
sayj he does not think he has ex
pressed It, hut the opinion Is very much
Mtronger than that of the juror that
was excused by Your Honor. Of course,
it may throw some light on a man's
conduct on the Jury as to whnt he
thinks he would do. whether lie thinks
he could disregard it, and I submit to
Your Honor that we are ail full of tho
sweet egotism that this wc could do
better thnn orJInary human nature
could do. It seems to me it "Is a ques
tion ror the court and not for the juror,
as to whether his opinion Is so strong
and fixed In nis mind that It probably
would have more or less influence upon
him in the trial.
The court: The Juror does not speak
our language very well, and is not
able to clearly express himself. But he
seems to be a very intelligent man.
and an intelligent man who lias no
personal prejudice against the de
fendant I am cortHln would be able to
dispose of the case upon the evidence
to which ho listens. He understands
perfectly well that what he has read
in the newspapers is not evidence, and
that It is his duty as a Juror to render a
verdict based upon the evidence. I Jo
not see any reason why an Intelligent
man cannot do that. An intelligent man
can do it unless he has some personal
projudice. and the Juror does not seem
to have that, and 1 will overrule the
challenge.
Mr. Bennett: The defendant excepts.
Wo will excuse the Juror
F. D. Hobart.
S. D. Hobart being duly'sworn on his
voir dire was examined as to his
qualification for a Juror as follows:
By Mr. Bennett;
Q. Where do you reside?
A. Silverton. Marlon County Oregon.
Q. Ana you have resided there how
long?
A. Over S years, most of the time.
Q. I take It during that time, you
have got acquainted with Senator
Mitchell, either personally or by rep
utation? A. Yes. sir; 1 met aim and have been
; introduced to him at one time, and
hnnr.l lilm unoalc several tlm
' " ' . . .
V- is there anything in what 3"ou
Mitchell, outside of this case, which
mlfrVit nrnlll.Mo vnu nr.lmt nlm Ir.
might prejudice you against nlm in
any way?
A. No. sir.
Q. You have no feeling of dislike or op
position to Senator Mitchell In any way
which might prejudice you against him?
A. no. i
Q. Have you read the papers, accounts
of this matter that were published?
A. Yes sir.
Q. in The Oregonlan?
A Some in The Orernnlnn and Tele-
j gram and the Semi-Weekly Statesman.
. you reaa tnera -pretty generally?
A. Yes. sir.
Q. Has the matter been talked about In
your neighborhood?
A. Yes, some.
Q. You have taken part in conversa
tions about it a good deal?
A. Well, not a great deal?
Q. You have talked with Mr. McMahon?
A. I don't remember that I did.
Q. You never talked with him about It?
A. I don't remember that I did: I havo
only seen him once for a long time.
Q. Do you know Mr. McMahon?
A. Yes.
Q. Is he a friend of yours?
A. Well, not particularly.
Q. You are not associaied in any way.
politically or otherwise, with him?
A. No. sir.
Q. You have not made any common
cause in relation to any matter that
brought you and Mr. McMahon close to
gether? A. I don't remember that I have.
Q. Have you seen McMahon since you
have been sworn as a Juror?
A. No, sir. I have not.
Q. Has any one talked to you about tho
case since you have been summoned as
a. Juror?
A. Very little.
Q. Who did talk to you?
A- Some of our home folks might have
mentioned the case, or something about
Q. Do you remember who?
A- No. sir: I don't.
Q. Did they ask you how you felt about
the matter?
A. I don't know that they did; I don't
remember that they did.
Q. Didn't they ask you how you felt
in relation ta the matter?
A. Well, I don't remember that they
did.
Q. They talked to you about It, did
they?
A. Oh. likely, a very HtUe.
Q. Did you express your opinion to
them about it?
A. I don't know that I did.
Q. Do you know whether you did or
not?
A. I believe I did not.
Q. You formed an opinion at the time,
from what you read in the papers and
from what you heard?
A. Well, some: not & strong opinion at
all; I have not read all of the evidence?
Q. Was that such an opinion ax would,
prejudice you against Senator Mitchell in
the trial of the case?
A. No. sir; I don't think it would prej
udice me.
Q. You don't think it would prejudice
you against him at all .
A. No. dr.
Q. Was that opinion made up from
reading the sworn statement in the pa
pers, the sworn statement of Tanner and
others, published in The Oregonlan?
A. Well, what 1 read lately In regard
to it was In the Telegram. ' I have not
read The Oregonlan In relation to it
lately. In the Evening Telegram I read
more about It well. I only read the
charges that was all.
Q. Did you read what Judge Tanner
was reported to have said about the
matter?
A. Some time ago, I think I did; yes,
sir.
Q. That Is what I mean some time
ago.
A. Yes. sir.
Q. That purported to be the sworn
statement. In open court?
A. Yes. sir; I read that,
Q. Was it upon tbat statement
partly, that you made ud your mind?
A. Why. of course. I could not Judge
further, whether that statement was
true or not; and I did not make up my
mind whether that statement was true
or not.
Q. That Is. you did not make up your
mind whether Judge Tanner told the
truth or not?
A. No.
Q. But you have no doubt but what
It was truly reported?
A. I supposed it was truly reported:
I onlv suoDOsed it: that was alL
Q. And you understood it Is to be on
sworn testimony on his part?
A. I think so; It was some time ago.
Q. Was it partly on the other that
vou made up the opinion you have, or
was it something else?
A. Well. It was as much on that as
anything. Of course. I could not Judge
whether that statement was true or
not. but that would have to be settled
later.
Q. That being the sworn testimony,
would it keep coming up in your mind
if you were on the Jury and hear Judge
Tanner testify? Would It keep coming
up and you be comparing to see how
near It corresponded?
A- Well, it might, possibly.
Q. You could not entirely disregard
It and keep it out of your mind?
A. No. I don't think i could.
Q. It would more or less affect your
judgment that sworn statement In
the trial of the case?
A. I think it would.
Q. You don't think you would be a
fair Juror, after reading that sworn
statement and making up your mind
about it? You don't feel that your
mind would be in a fair condition to
try the case?
A. Well. I think it would be.
Q. Well, you think notwithstanding
that statement was sworn, you oould
disregard it?
A. If it were refuted?
Q. What?
A. If there was some testimony that
refuted it, I might; it would have no
effect. . m , .
Q. Suppose the testimony of Judge
Tanner should be a little different on
this trial from what it was before:
would that have any effect on your
mind?
The Court: I think the Juror cannot
answer that question. He cannot tell
until he has heard the testimony what
effect it would have on his mind. The
Juror says he has read what purported
to be the testimony of Tanner, but that
he has no opinion as to whether that is
true or not. You may ask him whether
ho would believe that testimony, but If
somebody came upon the stand and
contradicted it. he cannot tell that; no
bodv can tell that. It is not possible
for him to tell it. He does not know what
impression the witness will make on his
mind, and as a matter of course, it
would depend entlrelv upon the impres
sion the witness makes upon his mind
as to whether he would believe it or
not.
Q. But I understand you have
formed some opinion from that sworn
evidence. In relation to the case.
A. Well, it Is only a question wheth
er the evidence is true or not. Of course.
I am not prepared to judge whether
the evidence was true or not.
Q. That Is. whether Judge Tanner
told the truth or not; you are not pre
pared to Judge?
A. No. sir; I am not prepared to
judge whether It Is true .or not. what
I havo read.
Q. But you have an opinion on that
testimony in relation to the guilt or
Innocence of the defendant?
A. Well. If itf could be known it was
true. It would have an effect upon
me.
Q. Would It have an effect upon you
until vou were convinced It was false?
A. It would have no particular effect
until I am further convinced.
Q. Then vou have no opinion now in
relation to the case whatever, as to the
guilt or innocence of Senator Mitchell?
A. No. sir: I don't think I have.
Q. Mr. Hobart. suppose that in the
trial of this case the Oregonlan should
publish artlcles'agalnst Senator Mitch
ell, attacking him In relation to this
matter, would that haveCany effect upon
your mind in the trial of the case?
A. It would depend upon the evi
dence they produced.
Q. Would any argument the Ore
gonlan might make or anything It
might say or anr attack It might make
prejudice your mind In any way?
A. I don't think so. , ,
Q. You would not permit it to affect
you at all: you would Judge the testi
mony vourself without regard to what
the Oregonlan might say about it.
A. Yes. sir.
Q. Or what the Oregonlan might
think about It?
A. Yes. sir. . .
Q. You have no personal prejudice
against Senator Mitchell?
q". Your "reeling is kindly toward
him?
A. Yes. sir. ,
Q. If you were on trial on a charge
similar to the one against Senator
Mitchell, would you be willing to be
tried bv Jurors who felt towards you
and your case as you feel towards Sen
ator Mitchell and his case?
A. I wuld. . , .
Q. If taken on this Jury, you would
go upon the Jurv and give him exact
justice and the benefit of every du oh t.
ir it came to a nn '"." " '
same as any other roan who was on
I ilUJ7
' trial?
I q! And" you would not be willing to
' .nnvlrl Vilm Until VOU Were Satisfied Ot
hu millt bevond a reasonable doubt
by the evidence'
Mr Bennett: We will take the Juror.
Mr Hen" y: We will take tho Juror.
: D Hobart was thereupon sworn
and" became the eighth Juror.
D. r. Grantr
D. F. Grant, being sworn, was examined
as follows:
By Mr. Bennett:
Q. Where do you reside?
' A. In Lincoln County.
Q. Harlan?
A. Yes, sir. . , .
q How far Is that from Yaqulna Bay?
A. It Is about 50 miles from my place
to Yaquina-Bay.
q. How do you get over there from
your place?
A. Well. I don"t know as It Is. either.
It Is 19 miles to Klk City and ten miles
around the forks of the road where you
go down to Toledo, and eight miles on
to Newberg. , ,
Q. Where Is your market point?
A. Our market point is Corvallls.
Q. How long did you say you had lived
in Lincoln County?
A- Thirty-two years. , ,
q. Are you acquainted with Senator
Mitchell personally or by reputation?
A. Only by reputation 1 heard him
speak once; that Is the only Ume I ever
saw him until now.
Q. Is there anything in that which
would prejudice you against him in any
aNo. sir. nothing that I know of at
q. Was there anything that has preju
diced you In any way against Senator
Mitchell?
A. Nothing whatever.
q. Have you read accounts In the pa
pers in relation to this matter?
A. Some of them, yea, sir. I have not
been very particular In reading the ac
counts. 1 live back where we don't read
very much. , J '
Q. Has that prejudiced you against
him?
A. No. sir. not at alL
Q. You formed no opinion about the
matter?
A. Well. no. only Just as newspaper
accounts, of course; if there was evidence
to counteract that, or evidence on the op
posite side, of course my mind would be
very easily changed so far as tho news
paper account Is concerned.
Q. But have you made up your mind at
all In relation to the matter?
A. No. sir. not particularly.
q. You have not expressed any opinion
at all to your neighbors?
A. Well, we only talked about it among
the neighbors there at home, about the
newspaper accounts, but so far as mak
ing up my mind is concerned I have not
done that. .
Q. Then do you feel. Mr. Grant, that
these newspaper reports have prejudiced
you against Senator Mitchell to some ex
tent? A. No. sir. I do not.
Q. You feel that you have formed no
opinion that would prejudice him jn the
least in the trial of the case?
A. Nono whatever.
Q. And you would. If taken on the jury,
try the case according to the evidence?
A- Yes. sir: I undoubtedly would.
Q. And nothing that has been said In
the newspapers would prejudice you In
any way?
A. No. air
Q. And nothing said by the newspapers,
during- the trial would prejudice you?
Q. Xo, sir. no more than it had before.
Q. And If you were taken you would
stand against conviction until you were
convinced beyond a reasonable doubt of
Senator Mitchell's guilt of the charge,
before you would be willing to find a, ver
dict of guilty?
A. Yes. sir. I would.
The Juror was accepted and sworn as
No. 1 of the panel.
Frank WarreaT- -Frank
Warren being sworn was examined-
as follows:
By Mr. Bennett:
Q. Where do you live?
A. Clatsop County.
Q. How long have you resided there?
A. Ever since I was about 17 months
old. about 36 years I guess.
Q. What business are you engaged In?
A. Logger.
Q. For yourself?
A. Yes. sir.
Q. 1 take it you have become ac
quainted with Senator Mitchell personally
or by reputation?
A. I have heard him speak several
times inrougn nere; l nave no acquaint
ance with him.
Q. Is there anything which would
prejudice you against him In any way?
A. No. sir.
Q. You don't feel unkindly toward
him?
A. No. sir.
Q. Your feeling is one of kindness
toward him?
A. Yes. sir.
Q. There Is no desire on your part or
any feeling that you would like to see
him convicted on this charge?
A. No, sir.
Q. And if vou were taken on the iurv
you would try the case with perfect fair
ness and impartiality?
A. Yes, sir.
Q. You have formed no opinion as to
his guilt or Innocence. I take it?
A. No. sir I have not.
Q. You do not know enough, about the
case to form any opinion?
A. 1 have read a little about It in
the papers, but not to any great extent.
Q. Not enough to form an opinion?
A. No. sir.
Q. Wduld you be willing to be tried
by Jurors if you were charged with an
offense or this kind, who relt toward you
and your case as you reel toward Sena
tor Mitchell and his case?
A. Yes, sir.
. 9' JBy. Hene'- Have you ever
talked with Senator Fulton about this
case?
A. No. sir. I have, not.
,.Th.e. Juror was accepted and sworn as
t. ii oi tne panel.
W. If. Lewis
W. H. Lewis was sworn and examined
as follows:
By Mr. Bennett:
Q. Mr. Lewis, where do you reside?
A. Seaside.
Q. You are from. Clatsop County,
too? '
A. Yes. sir.
Q- IIow long iiave you lived, in Clat
sop County. Mr. Lewis?
A. Thirty-five years.
Q- A.re yo acquainted with Senator
Mitchell personally or by reputation?
A. Only by reputation. .
Q. Is there anything: in what you
may have known of him by reputation
which would prejudice you In any way
against him?
A. Nothing.
Q. You have not been opposed to
him or anything or that sort In such
a way hr to make any prejudice In
your mind? '
A. No. sir.
Q. Have you rend accounts of this
matter In the papers?
A. Yes, sir.
Q. Have, you heard It talked about?
A. Yes, more or less.
CJ: From that have you formed an
opinion as to the matter?
A. 1 have not. .not DUblielv. no. sir.
Q. You are not prejudiced against
Senator Mitchell by what you have
read and heard In any way?
A.- No, sir.
Q. And you could give him just as
fair a trial as though you had never
heard a word?
A. Yes. sir.
Q. Do you read The Oregonlan?
A. Yes. sir.
Q. Are you influenced in your opin
ions by it?
A. I rather think not.
Q. You don't intend to be2
A. No. sir.
Q. If The Oregonlan was to publish
articles attacking: Senator Mitchell dur
ing this trial. or make arguments
against him. would that have any er
fect upon your rainJ?
A. No, sir. I don't think it would at
all. sir.
Q. Not in the least?
A. No. sir.
Q. You could and would go upon the
Jury and. try the case with perfect fair
ness and impartiality?
A. Yes. sir.
Q. And if ft became a question of
doubt in the evidence, until you were
satisfied of hl guilt of the crime
charged beyond a reasonable doubt you
would not be willing- to find him guilty?
A. No. sir.
Mr. Bennett: We will take the juror.
Mr. Honey:
Q. Have you ever expressed any
opinion in regard to the guilt or Inno
cence of Senator Mitchell?
A. No. I think not: I don't recollect
that T have: no definite opinion.
Q. You have not talked with any
body at any time who claimed to know
the facts?
A. No. sir.
Q. You have never talked with Sen
ator Fulton about It?
A. No. sir.
Juror accepted and sworn as No. 12
of the panel.
Instructlona of Court.
Th Court: Gentlemen or the jury.
I deem it my duty to make an order
committing you to the custody of tho
Marshal during your attendance on this
cabe. The Marshal will provide you
with food and a. suitable place to sleep.
I have no doubt It will be a little in
convenient to you. In making this or
der, you arc not to understand that the
court reflects upon any one who has
any connection with the case, because
I do not for one moment suppose that
anyone, either upon the part of the de
fense or upon the part of the Govern
ment would enter Into Improper rela
tions with you; but I do it simply be
cause I think it Is proper that it Bhould
be done, so that this case will be de
cided by you wholly upon the evidence
which you shall listen to at tne trial.
It is your duty, gentlemen, not to con
verse among yourselves about this
case at any time until It shall finally
be submitted to you for decision, and
you will permit no one to talk to you
in relation to it: if anyone does, it will
be your duty to report the rnct to tho
court.
The Marshal will take charge of the
jury anJ will be directed to furnish two
bailiffs to attend upon tho Jury.
Mr. Bennett: MAy It please the court.
I do not know what the course of the
newspapers may be in relation to this
matter, but
The Court; The Marshal will be di
rected to see that the jurors do not
have any newspapers. He will be di
rected to hold no conversation with
any member of the Jury except to ask
them whether they have agreed upon
a verdict, or unless- directed to hold a
conversation with them by order of tho
court.
Whereupon the court adjourned until
19 o'clock this morning.
Fire Started Prom Engine Sparks.
H. J. Miller, whose house, stable,
barn .and Implements on his farm at
Llnnton were destroyed by fire last
August, appeared before Judge Sears
and a Jury yesterday as plaintiff in a
suit against the Northern Pacific Bail
road Company to recover 37000 dam
ages. The fire occurred In the night
time, and Miller testified that it was
caused by sparks from a locomotive.
Evidence was introduced showing that
sparks emitted by engines attached to
passing trains had caused grass and
brush fires within n few days ot the
Miller fire, which were promptly ex
tinguished by the section crew of the
railroad company. Miller complains
that his fruit trees and crops were also
burned. The trial will be resumed to
day. Madame Huff Seeks Habeas Corpus.
Madame Reglna. Ruff, who is under
arrest on a charge of swindling Mrs
Clara Stearns out of SIOOO In California,
does not desire to return to the Golden
State, where there are said to be many
victims awaiting her presence. Tester-
J. G. MACK & CO.
EXCLUSIVE CARPET HOUSE '
'Fall stocks are now arriving. The
New patterns include some of the
very best designs ever made in;
Carpets.
A NEW CARPET
perfectly made and fitted to your
rooms would give them an air of
comfort and elegance that nothing
else can supply.
New Stocks now on show.
86. AND 88 THIRD STREET
European Pkn
the: best way to see: Portland
SUea to accommodate 4. 6. 9. 16
Ye Oregon
In" the new Hotel Oregon, corner Seventh, and
Stark Streets. Orchestra every evening after
six o'clock.
day she made an attempt to obtain
her freedom by means of habeas corpus
proceedings, and Judge Frazer set the !
case for hearing this morning. W. D.
Leatherman. with tm2 assistance of
John F. Ixgan. attorney, filed a peti
tion In her behalf in the State Circuit
Court. The petition recites that Regina
Ruff is illegally restrained of her lib
erty by Chief of Police Hunt, who does
not hold her on a warrant, but only on
a telegram from Oakland, Cal. It is al
leged that she I3 not a fugitive from
Justice, and Hs not guilty of any crime.
and that her detention is illegal ana
void. It Is also averred that Governor ,
Chamberlain has no jurisdiction to
Issue a warrant of extradition. As 1
Mnuamo Ruff makes a business of re
vealing the past, present and future, j
she doubtless knows what her fate will '
be In the present case. !
Says land "Was Misrepresented.
Ole J. Steen who purchased a timoer
who purchased a timber
claim from.O. J. woisten ror 53JOT. giving
in nnvmem J110O and notes and a mort-
gage ror 53X0. yesterday eued "Welston In
the State Circuit Court to recover me
money and peourltles, and to have, the
transaction declared null and void, un
motion of VT. A. Cleland. attorney lor
Steen. Judge Frazer signed an order en
Joining "Welsten from transferring the
notes and mortgage.
Steen says "Welsten represented to him
that the claim contained 6.000,000 to
8.000.000 feet of a fine growth of large
cedar trees, and was half a mile from the
Sluslaw River, and near a sawmill. These
representations Steen alleges he found
upon examination to bo false. The timber,
he asserts, is almost worthless, and Is In
the midst of a fire district and the claim
is two and a half miles from the Sluslaw
River.
Referee to Make Accounting-.
In the suit of A. J. Dletz against H. L.
Stephenson to recover possession of the
Hotel Scott Judge Sears yesterday
rendered a decision in favor of Diets and
appointed J. V. Beach as referee to make
an accounting.
About a ear ago Diets purchased a
quarter interest In tho hotel with the priv
ilege of buying another quarter or even
the entire hotel on certain terms. He and
Stephenson afterwards fell out and Steph
enson ejected Dletz rrom the hotel and
deprived him or participation in the
management. "With the assistance of the
referee thp litigants will probably be able
to settle the controversy.
Patrolman Hart Suspended.
Patrolman Hart was suspended yes
terday by Chief of Police Hunt, pend
ing an investigation by the police com
mission of a charge ot Insubordination
and conduct unbecoming an officer. He
will appear before the committee to
night and be 'questioned as to his con
duct, It is alleged he has been very
active in snreadinc derotratorv stories
about Chief Hunt. The accused claims
he has never told anything but the
truth.
DAILY METEOROLOGICAL REPORT.
PORTLAND. June 20. Maximum tempera
ture. SO deg.; minimum. 52. - River reading
at 11 A. 21.. 13 feet: change in past 24
hours, fall, 0-3 of a foot. Total precipita
tion. 5 P. M. to 5 P. It-, none: total since
September 1. 1904. .32.37 inches; normal.
15.20 Inches; deficiency. 12.63 inches. Total
sunshine June 19, 1905. 14 hours and 63
minutes; possible. 15 hours and 46 minutes.
Barometer (reduced to sea level at 3 P. M..
3a 03.
"WEATHER CONDITIONS.
Fair weather continues la the Pacific
Coast States. The temperatures have risen'
itghtly in the Willamette Valler. the Sound5,
Coantrr. Northern California and the Great
. W. 3DWHT'M,
$LW5, $1-59, $2.00 pr Day j
Is byTally-Ho,
Cabriolet,
Boulevard
Wagon,
or Landau.
PHONE MAIN 23
UNITED CARRIAGE
COHfAM
and 23 people. 11th and UORRISOH Sts.
Grille
1 Salt Lake Basin.
Elsewhere they have re
mained nearly stationary.
The Indications are for fair weather In this
district "Wednesday -with slightly higher tem
peratures. "WEATHER FORECASTS.
Forecasts made at Portland for the IS
hours ending- at midnight. June 21:
Portland and vicinity Fair. Northwest
-Rinds.
Oregon and Washington Fair. Northwest
winds.
Idaho Fair.
PACIFIC COAST "WEATHER.
"Wind.
is
So
a
3 MS
2 I
? 2
STATION'S.
Baker City ,
Bismarck. .......
! Boise
( Eureka..........
TTolonn
iTGiO.OOl S
. 76 0.14I1CI
. 82 O.OO! S
.JM 0.001 4
N
N
NTT
Clear
Cloudy
Clear
Cloudy
.158 T I 8 N
Clear
jjamloop?. B. C.
Cloudy
North Head,....
Pocatello
.15810.00124
Pt. CldT,
..i82 0.0Op0tW
tCIear
! Portland..
SO 0.00 4
NW
KTlear
i"r.v";""'"-"-"iS!ftm iiww
Clear
Sacramento'
NW
Clear
0.00
S
NW
Clear
Clear
; salt Ike City
.!S4
0.00
Sari Francisco
1380.00
Clear
Spokane..........
SeattI
Tatoosh Island..,
"Walla "Walla
0.00
NE
Clear
Clear
Cloudy
0.00
12INW
1SSW
4NE
0.00
0.00
Clear
T trace.
For
Camp,
Picnic
or
Summer
the ready-cooked food
Grape-Nuts
eaten dry or with a little
cream or condensedmilk.
3, or 4 teaspoonfuls give
one a
"GO"
for hours.
'There's a - Reason1