r
THE 3I0RXIXG OREGOXIA, FRIDAY, ZVXE 23, 1905.
1
"FIRM'S BOOKS WOULD NOT ONLY INDICT, BUT CONVICT'-MITCHELU
that the list referred to In the letter
as being- enclosed?
A. Yes. sir; that is the list. I find
my mark on the back of it.
Q. The Indorsement on the back Is
In your handwriting?
A. res.
Q. And the Indorsement Is "Kribs
No. 4"?
A. Tea.
Q. Did you receive a reply from
Senator Mitchell to that letter of April
3D. 1802. or those two letters?
A- Yes. sir. I did.
O. Is the paper you now hold In
your hand that reply?
A. Yes, sir.
Q. Does It bear hie signature?
A. Yes, It does.
Q. Received by you In due course of
mall about the date it bears?
A. Yes.
Mr. Honey: We will offer this In
evidence.
The same was read In evidence as
Government's Exhibit 3C, as follows:
Mitchell Receives the Lists.
Government's Exhibit. ?Co. 36:
Committee of Coast Defenses, United
States Senate, "Washington, D. C. May
S, 1902. Hon. A. H. Tanner, attomey-at-law.
Commercial block. Portland, Or.
My Dear Judge: I beg to acknowledge
receipt of yours of April 30, Inclosing sep
arate letter relating to other lands in "the
Hoseburg land district, which have been
selected In lieu of forest reserve lands
under act of June 4. 1897. Kribs; Ho. A.
- I will look . the matter up. ascertain
status and see what can be done.
Sincerely yours.
JOHN H. MITCHELL.
Q. J hand you on letter paper appear
ing to be a carbon copy oi a letter. Is
that taken from the flies of your office?
A. Yes. it Is.
Q. Is- that a carbon copy of a letter
mailed by vou to Senator Mitchell at or
about the date it bears?
A. Yes. sir.
Q. And signed by you?
A. Yes.
Q. It refers to the inclosure of a sep
arate letter. Can you Identify the letter
of five sheets which appears to be a car
bon copy as to whether or not that Is a
carbon copy of the Inclosure referred to?
A. I suppose that Is a copy of the let
ter which was Inclosed.
Mr. Honey: Under the rules we are re
quired to offer the Inclosure as well. If
counsel desires.
The Court: If the inclosure does not
refer to matters set out in the Indictment
It is not relevant.
Mr. Hcncy: It does not. But I will
have it marked for identification as a
copy of the inclosure referred to In the
letter of May 5. 1902, and I will read the
other letter In evidence.
Same was read in evidence as Govern
ment's exhibit 37 as follows:
Mitchell Sent $380.50.
Government's Exhibit No. 37:
"May 3, 1902.
"Hon. John H. Mitchell. United States
Senate, "Washington. D. C:
"Dear Senator I Inclose you herewith
duplicate deposit tag for $350.59. being
your share of the proceeds of our business
for the month of April.
"I am Just in receipt of your favors of
April 28 and 29. that of the 23th relating
to Colonel Teal's matter, which I will ex
plain to him. and the one oi the 29th
relating to the forest lieu selections of
John A. Benson, concerning which I will
Inclose a separate letter.
"I understand from your dispatch of
April 29 that all of the lands Included in
lists 1. 2 and 3, being timber entries in
the Roseburg Land Office, have been
passed by the Honorable Commissioner to
the Secretary of the Interior, with the rec
ommendation that they be ordered to
patent. Am I correct In this? Lists 1.
2 and 3. you will remember, were the
lands in which Mr. Kribs is Interested
and are all timber entries. Have you any
idea when we may expect action on th
port of the Secretary of the Interior in
the matter?
"With kind regards to all. 1 remain.
yours truly."
Q. I hand you a paper bearing the
printed heading of the Western Unlpn
Telegraph Company "Received at." Is
that paper taken from your files?
A. Yes, sir, it was.
Q. Was that telegram received bj you
at about the date It boars?
A. Yes. sir. .
Mr. Heney: We wilt offer this In evi
dence. Same was received as Government's Ex
hibit 3S, and read as follows:
"All Right in a Few Dnys."
Washington. D. C. May 9, 1902.
Hon. A. H. Tanner. 73S Johnson street,
Portland. Oregon:
Cases before becretary will be all right
In a few days. Patents will Issue.
JOHN H. MITCHELL.
Q. I hand you a paper bearing the
printed heading of the Western Union
Telegraph Company "Received - at." Is
that a paper taken from the files of your
ofllce?
A. Yes. sir. it Is.
Q. Was that telegram received by you
at about the time it bears date?
A. Yes. sir.
Mr. Heney: We offer that in evidence.
. Mr. Bennett: We object to this on the
tame general ground, and. In addition,
that no foundation has been made for the
introduction of secondary testimony.
Mr. Heney: This is one of the papers
referred to in the notice. Will you pro
duce the original?
Same was admitted In evidence as Gov
ernment's Exhibit 39. and read as follows:
"Entries Passed to Patent."
Washington. D. C. May 21. 1902.
Hon. A. H. Tanner. Attorney-at-Law,
Comcmrcial block. Portland. Oregon:
The Secretary of the Interior has passed
to patent all the timber entries which I
wrote you had been sent up for approval,
by the Commissioner some time since.
, . JOHN' H. MITCHELL.
Q. I hand you three sheets of papers
purporting to be carbon copies of two let
ters, both bearing date Mav 27. 1922. Were
those papers taken from the flies of your
office?
A. Yes, those are copies of letters.
Q. Were the originals of which these
are carbon copies mailed by vou at about
the date upon these copies, to Senator
Mitchell?
A. Yes. sir.
Q. And signed by you. each of them?
A. Yes, sir.
Mr. Heney: We will offer them In evi
dence. Mr. "Bennett: We object to the letter
offered of May 27 in addition to the gen
eral ground as being irrelevant and imma
terial and having no reference to any
matter In the indictment, and to the last
clause of the second letter upon the same
ground.
The Court: If that Is the fact, the ob
jection is well taken.
The Witness: I think it relates to an
other matter entirely.
Mr. Heney: The first letter does. It
may be marked at the present time as
having been Identified as a carbon copy of
a letter mailed at that date.
As to the second letter. It Is admitted
that It relates to the matter, except the
last paragraph.
Mr. Bennett: That Is all we make the
special objection to.
Mr. Heney: But If the letter Is compe
tent at all it should all go in. and the
last paragraph will be made competent
later. The Court: Only the relevant parts
of the paper arc proper.
Mr. Heney: Then the second part of It
we will reserve until later.
Q. I will ask the witness now: It states
here "In regard to tho enclosed lists, pay
ments about which I enclose & separate
letter." does that mean a letter which has
been identified here, this one?
A. Yes, I think it does. -
Wanted More Expediting.
Mr. Heney: We will read in evidence at
this time only the first paragraph of the
letter which Is marked Government's Ex
hibit 41. as follows:
May 27. 1902.
Hon. John H. Mitchell. United States Sen
ate. Washington. D. C:
Dear Senator I was glad to receive
your dispatch some days ago saving that
the Honorable Secretary of the" Interior
had passed to patent the timber entries
In the Roseburg land district about which
I havo been writing you. These lands are
comprised in the three lists number 1. 2
and 3, which I sent you. and I presume
have all been passed to patent We are
entitled to an additional fee of JI00O in
this matter; but I suppose the party will
not want to pay until he has some evi
dence of the final action in these cases,
and I suggest, therefore, whether It would
be proper or possible to get a letter or
certificate from the Land Department cer
tifying to the action taken in these cases
or a notification to the local office of the
action taken. This, no doubt, would be
ultimately done, but you mlrht expedite
the matter by calling the attention of the
department to It.
j. To that letter did you receive a re
ply? A. I did. yes.
Q. As to those two letters about which
you have Just been questioned before,
were they inclosed in the same envelope
In mailing them?
A. I suppose they were. yes. I have no
recollection about It. but 1 suppose they
were, being the same date.
Q. And one referring to the other.
A. Yes. sir.
Q. This letter bears the signature of
whom?
A. Senator Mitchoil.
Q. And was received by you Sn due
course of mall about the time of the date
It bears?
A. Yes sir.
Mr. Heney; We will offer this lR evi
dence. The same was received In evidence as
Government's Exhibit 1, and a portion of
it only was read.
Mr. Heney; I think the other portion
bears on the other part of that letter, and
I will not read it at this time.
The portion read is as follows:
Committee on Coast Defenses. United
States Senate. Washington. D. C.
June 2. 1332.
Hon. A. H. Tanner, Attorney, Commercial
Block. Portland. Oregon:
My Dear Judge 1 beg to acknowledge
receipt of yours of May 27, inclosing list
of land selections In lieu. of forest reserve
land surrendered in Vancouver land dis
trict. State of Washington, up to June 4,
1897. Sincerely yours.
JOHN H. MITCHELL.
Q. Whose signature does the paper boar
which is now handed you?
A. This bears the signature of Senator
Mitchell.
3. Was that letter received by you In
due course of mall about the lime of the
date It bears?
A. It was; yes. sir.
Mr. Heney: We will offer this letter In
evidence.
The same was received as Government's
Exhibt 42 and read as follows:
Asks Condition of Business.
Committee on (J oast Defenses, United
States Senate, Washington. D. C
May 12. 1902.
Hon. A. H. Tanner. Attorney-at-Law,
Commercial Block; Portland. Oregon:
My Dear Judge I beg to acknowledge
receipt of yours of Mav 5. enclosing du
plicate deposit tag on the Merchants Na
tional Bank, to my credit, for $3f)-39. being
my share of the proceeds of our business
for the month of April, for which accept
my thanks.
Judge. I wish on receipt -of this. or.
rather, I mean when you send me next
months deposit, you would have your
clerk make out a ttatement from the
books of the firm showing the business
since my leaving Oregon" In November
last; giving an Itemized statement of cash
received, irom whom, and on what ac
count; in other words, a full statement of
business up to June 1 of this year.
Sincerely youra.
JOHN H. MITCHELL.
Q. I hand you a paper and ask you if
that is a carbon copy of a letter mailed
by you tb Senator Mitchell, kept on file
In your office?
A. Yes. It is.
Q. Was that mailed at about the date
It bears?
A. Yes.
Q. And signed by you?
A. Signed by me,
Q. Was the enclosure referred to there
sent with It?
A. Yes. It was.
Mr. Heney: We offer this letter In evi
dence. The same was received In evidence as
Government's Exhibit 43, and read as fol
lows: $737.55 for Mitchell In May.
June 3. 1902.
Hon. John H. Mitchell. V. S. Senate.
Washington. D. C Dear Senator: En-
for $727.15. being the amount of your
share of the net proceeds of our business
for the month of May.
I also enclose you herewith a copy of
our books from November to the present
date, as per your request.
I wrote you on the 27th. suggesting that
you try and get a letter or something
from the Secretary of the Interior show
ing that the list of timber entries In the
Roeeburg land district had been passed to
patent as you wired me; but since writing
that letter I have received your enclosure,
being a copy of the opinion of the Sec
retary of the Interior, which Is alt I will
require In the matter.
Have you any Idea yet when Congress
will adjourn, or when you expect to be in
Oregon. Very truly yours.
Q. Did you receive a reply to that let
ter? A. Yes. sir; I did.
Q. Whose signature Is upon the paper
which you now hold In your hand?
A. That is the signature of Senator
Mitchell, but It Is In the handwriting. I
should Judge It la not In his own hand
writing. Do you want to know whose It
is In? '
Q. Yes.
A. I think It is in the handwriting of
Mr. Robertson.
Q. Who was Mr. Robertson?
A. He was the Sonator's clerk or secre
tary. Q. Are there some initials after the sig
nature? A. Yes. the Initials are H. C R.
Q. Did you receive that letter in due
course of mail about the date It bears?
A. Yes, J did.
Mr. Heney; We will have this letter
Identified.
Mr. Thurston: There is no objection to
your reading It now. except the general
objection.
Mr. Heney: Then we will offer Jt In evi
dence and rend it now.
The amc was admitted in evidence as
Government's Exhibit 44, and read as fol
lows; Mitchell Sends His Thnnks. -
Washington. D. C. June 9. IMS.
Hon. A. H. Tanner, Attorney, Commercial
Block:
My Dear Judge I bqg to acknowledge
receipt of yours of June 3. enclosing du
plicate deposit tag to my credit on the
Merchants National Bank for JiJT.iw. be
ing the amount of my share of the pro
ceeds of our business for the month of
May: also a copy of our books from No
vember up to the present date, for all of
which accept my thanks.
Hastily and sincerely,
JOHN H. MITCHELL.
(H. C. R.)
Q. What book was the copy made from
which was sent to Senator Mitchell?
A. It was the copy of the daybook,
being this book now handed me.
Q. Is it the book that contains the en
try which was offered In evidence on page
1. under date of February" 13, 1902. in
relation to the employment and payment
bv Fred A. Kribs of $T0O?
Q. Was that entry Included In the copy
sent?
Objected to as secondary evidence?
Q. Who made the copy of the books.
Judge Tanner?
A. I think Miss Spencer was the clerk
In the office at that time.
Q. You saw the copy which was mad?
A. Yes. air.
Q. And you know that It was a copy of
the daybook?
A. Yet., sir; I have a carbon copy of It
In my ofllce.
Q. I will ask you to produce that copy
the next time you come on the witness
stand. I hand you a paper marked Gov
ernment's Exhibit 6. a check on the First
National Bank of Roseburg. Whose in
dorsement does that bear on the back?
A. It bears the Indorsement of the "firm
of Mitchell & Tanner. In my own hand
writing. Q. Did you receive that check at about
the date it bears?
A. Yes. I did.
Q. From whom?
A. From Mr. Kribs.
Q. For what purpose was it given to
you?
A. Let roe see the daybook. That pay
ment relates to the timber claims, the
lists 1. 2 and 3. about which I have al
ready testified.
Q. What did you do with the check
after receiving it?
A. It was deposited to the credit of the
firm in the Merchants National Bank.
Q. Was it collected?
A. It was. yes.
Q. Was the entry made in your books
of the receipt of that money In your day
book? A, Yes. sir.
Q. It appears on page 159 of the book
from which you have already been testi
fying, docs It?
A. Yes. sir.
Q. At the top of the page?
A. Yes. sir.
Q. There Is an entry Immedlatelv un
der It. which relates to the same trass
action, does it?
A. Yes. sir.
Mr. Heney: We will offer both of these
entries la evidence.
EXTRACTS USEp BY PROSECUTION TO EMPHASIZE MITCHELL'S KNOWLEDGE
Extracts from letters, telegrams and account books introduced In evidence by the prosecution to emphasize the
knowledge on Senator Mitchell's part of the exact nature of Tanner and Mitchell's relationship to F. A. Kribs:
Page 216 (Daybook.)
February 1. IS. Fred. A. Kribs: To cash retainer In SECOND LIEU list of lands, and he to pay" $500 more when
approved for patent. C00.CO. By cash. JS01OX
Note The portion underscored in above" entry has been written over a very distinct erasure: It Is In Tanner's
handwrltlpg. and was changed by him during the Puter trial, the original entry being "To cash retainer in S. a. D.
Puter hst of lands." etc.
A. H. Tanner To cash above amounts. SSCS.O); by deposit In bank, JoCO.CO. Statement showing how the net pro
ceeds were divided for the month of February. 1WC, and that Mitchell received one-half of the $500 paid by Kribs: Total
receipts. $1091.05: total disbursements. JIS4.73-J3JS3. A. H. Tarraer. to check No. 795. $163.87; John H. Mitchell to check.
March 4. 1102. Tanner forwards to Mitchell, at Washington. D. C. duplicate deposit tag for $465.13.
March W. 1932. Mitchell acknowledges receipt of Tanner's letter of March 4. as follows: "My Dear Judge I beg to
acknowledge receipt of yours of March 4, enclosing duplicate deposit tag In Merchants National Bank, to my credit
for $4GS.13. being my share of the proceeds of our business for the month of February, for which accept my thanks."
March 14. lSCe. Tanner to 'Mitchell Refers to lists 1, 2. 3 (comprising about 70 timber and stone claims), and
states: "The only thing I fear In the matter Is that there Is so much clamor and talk of fraudulent entries from this
part of the country that the Honorable Commissioner may be Intimidated Into a refusal to pass these entries to
patent. ... I trust you will give the matter your very best attention, and If he feels disposed to call a halt some
where and hold up some entries of a similar character, he can miss these of OURS, as they affect Oregon people ...
and are in no way tainted with fraud upon the law.
"Please do not miss the opportunity of having a personal conference with the Honorable Commissioner about
these lands, and represent and urge upon him. in the strongest manner possible, favorable action."
March 21, 1902, Mitchell to Tanner Acknowledges Tanner's letter of March 14. and states: "I have not forgotten
these matters, and am giving them my constant attention."
April 19. Tanner to Mitchell Refers to Lists 1. 2 and 3, and says: "I wish to draw your attention to the fact,
that one S. A. D. Puttr Is In some way Interested In List No. 3; he has no connection with the other two lists. -J am
informed that he has started East, taking with him F. P. Mays, who will probably shortly turn up in Washington
and endeavor to prevent List No. 3 from being passed for patent .. . . and try to get the list remanded for hearing
In the local office so as to hold it over our pccple as. a club to try and force a settlement of the other matter. You
probably know something of Mr. Puter, and I do not need to warn you as to the character of the man. ... I explain
this situation to you so that If they should come there asking your assistance In the matter, you will understand that
it refers to one of the lists of lands that I am interested In having passed to patent for the reasons which I have
already explained to you. . . J
April 22, 1S02 (telegram). Tanner to Mitchell "Puter and Mays there soon about list. Three timber entries. They
arc hostile to intorcsts of my clients. Do nothing for them In matter. Mailed you letter on subject April 19th. explain
ing situation." k
April 29, 1902 (telegram). Mitchell to Tanner "On Saturday last Hermann reported to Secretary of Interior, I
think, all of Rosburg land and stone cases In which you are Interested, with a. recommendation that they be ordered
to patent. The case will be taken up before the Secretary of Interior and considered."
MayS, 1902, Tanner to Mitchell f'l undcrstandfrom your dispatch of April 29th that all of. the lands Included In
Lists 1. 2 and 3. being timber entries In the Roseburg Land 'Office, have been passed by the Honorable Commissioner
to the Secretary of the Interior, with the recommendation that they be ordered to patent. An I correct In this?
Lists 1. 2 and 3. you will remember, were the lands in which Mr. Kribs Is lnte-ested. and are all timber entries. Have
you any idea when we may expect action on the part of the Secretary of the Interior on the matter?"
May 9. 1HC, Mitchell to Tanner (telegram) "Cases before Eecretary will be all right In few days. Patents will
Issue."
May 21. IMS, Mitchell to Tanner (telegram) "iue Secretary of the Interior has rassed to patent all the timber
entries which I wrote you bad been sent up for approval of the Commissioner sometime since"
May 27. 1902; Tanner to Mitchell "I was glad to receive your dispatch some days ago saying that the hon
orable Secretary of the Interior had. passed for patent the timber entries in the Roseburg land district, about
which I have been writing you. These lends are comprised In tho three lists numbered 1. 2 and 3. which I sent
you. and I presume, have all been passed for patent. We are entitled to an additional fee of $1000 in this matter,"
but 1 suppose the party will not want to pay until he has some evidence of the final action in these cases, and
I suggest, therefore, whether it would be proper or possible to get a letter or certificate from the Land Depart
ment certifying to the action taken in these cases or a notification to the local office of the action taken. This.
IK) 'doubt, will be ultimately done, but you might expedite the matter by calling the attention of the depart
ment to It." ...
Note. May 12. 1C Mitchell asked Tanner to send him. when he sends next month's deposit, "a statement
from the books of the firm, showing the business since my leaving Oregon In November last: giving an itemized
statement of cash received from whom, and on what account; in other words, a full statement of business
up to June 1. up to this year."
June 3. IMS Tanner encloses the deposit tag for May, 1KC. and 5727.53, and encloses copy "of our book3
from November to the present date, as per your request,"
States that he wrote him on May 27. asking to get a letter or something from the Secretary of the Interior
showing that the list of timber entries had been passsd to patent as Mitchell wired him. "but since writing
that letter I have received your lnclosures. being a copy of the opinion of the Secretary of the Interior, which
is all I require in the mattor."
June 9. 1902; Mitchell to Tanner Acknowledges receipt of Tanner's letter of June 3, Inclosing deposit tag
and "copy of our; book from November up to- the present date." This statement was made from the daybook,
which contained the Kribs entry of February 13. Final payment by Kribs on thls-1. 2 and 3.
June 14, IMS FrSd A. Kribs. By cash for services and advice, in reference to timber lands, purchased In
Roseburg ... flOM. This payment was made by check dated June 14, IMC, on the First National Bank of
Roseburg. It was deposited In the Merchants' National Bank. June 11. 1S02, to the credit of "Mitchell &
Tanner." The amount was equally divided at the next division of net proceeds. July 3. 1903. and Mitchell
received half of the $Ktt) In his half of the net proceeds, which was J739.CS. and which was deposited to hl3
credit In the Merchants National Bank, July 5, 1132. Tanner forwards -deposit tag July 7. 1902. and Mitchell
acknowledges it July 19. l.H- This JKXO was the balance, of the fee from Kribs from this 1, 2 and 3, $000 due
on this 1 asd 2. and $S due on this No. 3.
June 26. 190!; Tanner to Mitchell Forwards list No. 6, lieu selections: "I desire furthermore to add that
Mr. Kribs has paid up the fee which he was to pay for the services In the matter of the timber-land entries
la the Roseburg Land OEJce. .
Kribs Heu selections April 30. 150C Tanner to-Mitchell Forwards "Kribs No. 4" list (lieu selections. States
that he Is to get a fee for "getting thejnformatlon desired In these cases." "I would- like to get the present
rtatus of the cases, and also have them made special so that you may be notified of any step taken therein
and of any defects or omls3lons which we may have to correct or supply. I Inclose you also a copy of this
Hrt and havo marked It, "Kribs No. 3, so that In our subsequent correspondence you will know the list re
ferred to by that name and number." ...
February 16. 1902 Tanner to Mitchell (3 letters) (1) Forwards "Kribs list No. 5" of lieu selections. This
Includes S3 selections. In which C A. Smith, of Minneapolis. Is Interested, as well as the estate of John 'A.
Plllsbury. (2) Inclose affidavit from Kribs asking to amend selection 373S. Included In said list. (3) States that he
forwards separate letters relating to Kribs affidavit in re-selection 37SS. and list of lieu selection's. (5) "I
desire furthermore to add that Mr. Kribs .has paid up the fee which he was to pay for the cervices In the
matter of the, timber land entries In the Roseburg Land Office."
June 21, 1932 Mitchell to Tanner (2 letters) (1) Acknowledges Tanner's letter of June 15, inclosing affidavit
of Kribs In re-selectlon 379S. (2) Acknowledges Tanner's better of Juno 16, Inclosing list of lieu selections (5)
asd states he will "endeavor to have action taken as soon as possible."
approved) JK By cash ISO). Sections Page 170 (daybook). September 20. 1M2. Frederick A. Kribs. To services
and advice In reference to forest lieu nelections list 4 and 5 ($300 more to bo paid when said selections were
approved.4 $600 By cash KX). Kribs drew this check to the order of "A. H. Tanner," but It was deposited Sep
tember 22. IMC, to the credit of "Mitchell & Tanner" in the Merchants National Bank. The amount was equally
divided at the next division of net proceeds, October 3, 1992, and Mitchell's portion, $457.23, deposited to his credit
in the Merchants National Bank.
November 11. 1902 Tanner to Mitchell f2 letters) 0) Forwards list (1) to Mitchell again, and states that
he hopes there is nothing now In the way of favorable action. (2) To this letter Is attached the following
"rider": "I hone you will punch the matter "up all you can, as part of our fee depends upon getting these se
lections approved."
Second payment on lieu selections October 10. 1S04 (Journal page 5). Fred A. Kribs, by cash. $3; by re-
raltted on bill, 520; by cash on account of list No. 5, $200. Nojjr-Kribs drew this check to the order of Mitchell
&. Tanner, October 5, 1904. on the Merchants' National Bank.
A. H. Tanner To cash above amounts. SJSSJ by deposited in bank, 165.
"Note Tanner 'retained 7100 of the above payment, but the amount was charged to him at the next division
of the net proceeds on November 2. 1904. and Mitchell received one-half of the J200 check of Kribs.
Mitchell's share of the net proceeds for October, 1504. was T534.S3. and the amount was deposited to his
credit In the Merchants" National Bank, on November 3, 1904.
Mr. Bennett: The some general objec
tion goes to all these.
The entries were read in evidence as
follows:
Portland, Oregon, June 12, 1902.
Kribs Paid $1000.
14 Fred A. Kribs by cash for services
and advice In reference to timber land
purchases In Ropcburg district. $1(00.
A. H. Tanner, to cash above amount.
JK09.
Q. The second entry means that you
received it?
A. Yes. sir.
Q. Does -the fourth entry relate to the
same transaction' en part?
A. Yes. sir; that includes the $1M0.
Q. That Includes that thousand dollars?
A. Yes. sir.
Mr. Heney: We will offer the fourth
Thurston: It Is simply an entry
that he receives It and then charges It
to himself.
Mr. Heney: Yes, receives It and depos
its It In the bank and credits It to the
firm.
The Court: The same character of en
tries as the others?
Mr. Heney: Yes.
The court thereupon admonished tht
Jurv and a recess was taken until 2
o'clock P. M.
AFTERXOON SESSION.
Tanner Continncs to Testify.
Direct examination of A. H. Tanner,
continued.
Mr. Heney: We will now offer in
evidence the last entry to which I called
your attention Just as court adjourned,
on page 163 of the daybook.
"A. H. Tanner to cash above amount.
$50.00.
"By deposited in bank, $1150.00"
Q. I will show you the daybook of
the firm of Mitchell & Tanner, from
which you have been testifying, and call
vour attention to the entries commenc
ing on page 160. and going over onto
page 161. and ask you whe'her or not
the receipts for the month of June. 1902,
were divided, and if so. when?
xA. They were. yes. sir; July 3, 1902.
Q. Was the entry of that division put
In the firm books?
A. Yes, sir; on page 161 of the day
book. Q. In whose handwriting does It ap
pear? A. That Is- In the handwriting of
Miss Spencer, the clerk In our office at
that time.
Q. Did you see the entry at about
the time it was made?
A. Yes. sir.
Q.- Was it made at or. about the time
of: the date it bears? .
A. It was; yes, sir.
Mr. Heney: We will offer that entry
In evidence.
Portland. Oregon. July 3. 1983.
Paid following bills by C. K.: Irwin.
Hodson & Co.. No. S33. $19.80. and then
scratched oui; Pacific Monthly. No. S34,
$1.50: Pacifife States TeL Co.. No. S35;
$10.70: Guide Publishing Co.. No. 836,
$1.00; office rent. 150.00; A. C. Spender.
No. 840. $30.00. Total expenditures Is
added as $93.20. Total receipts. $1720.00.
Total disbursements, $159.00. Net cash.
$1561.00.
A. H. Tanner to one-half net cash.
$750.50. Expense. $1.50; less one-half
amount overdrawn as shown by bank
book. A. H. Tanner's proportion being
J 10.06 more than J. H. Mitchell's. S5L42.
Parried out In the column. $730.58.
John H. Mitchell to one-half net caslK
S7S0.50; less one-half amount overdrawn
as shown by bank book. J. H. Mitchell's
proportion being $10.00 less than A. H.
Tanner's account, $41.42; carried out in
the column. $739.0$.
Q. Does the" net cash there $1561.00
Include the thousand-dollar check
represented by Government's Exhibit
No. 6?
A. Yes. sir; it does.
Mitchell Paid One-llalf of (Thcck.
Q. And does the portion of the net
cash charged to John H. Mitchell in
clude one-half of that check?
A. Yes. -sir.
Q. Did you pay to John H, Mitchell
the one-half which Is charged against
him here in the book. July 3. 1902. for
the month of June, and if so. in what
way was it paid? I can refresh your
memory.
A. I was trying to think whether he
was here or not or in Washington.
Q. I will show you a carbon copy of
a letter.
A. That amount wars paid to him in
the way I have already explained with
reference to those other payments. The
firm's check was drawn payable to my
order for his amount and turned into
the Merchants National Bank and
deposited to bis credit. A duplicate de
posit tag was taken for it in his name,
which was forwarded to him by this
letter of July 7. 1902.
Q. Carbon copy of which you have
In vour hand?
A. Yes. v
Q. And the original of that you
mailed to him on or about that date, did
you?
A. Yes. sir; I did.
Q. And you say it was deposited to
his credit. Do you mean In the name
of John H. Mitchell, trustee?-
A. Yes. sir. This same account John
H. Mitchell. trustee
Mr. Heney: We will offer this letter
in evidence.
The same was received in evidence as
Government's Exhibit 45, and read as
follows:
"July 7, 1902.
"Hon. John H. Mitchell, L. S. Senate,
Washington, D. C.
"Dear Senator: Enclosed I hand you
duplicate deposit tag for $739.08, being
your share of the proceeds of our busi
ness for the month of June.
"Very truly yours."
Q. I hand you what purports to be a
letter dated July 19. 1902. Whose signa
ture is upon the paper. If you know?
A. That Is the Senator's signature.
Q. Did you receive that letter in due
course of mall, about the time of the data
It bears?
A. Yes. I did.
Mr. Heney: I will offer that letter In
' evidence.
The same was received in evidence as
Government's Exhibit 45, and read as
follows:
Receives $739.05 for June.
Washington. D. C. July 19, 1902.
Hon. A. H. Tanner, Attorney. Commer
cial Block. My Dear Judge: jOn my re
turn here after ten days absence on a
vacation I find yours of July 7. inclosing
duplicate slip In my name, for J733.CS.
being my share of the proceeds of our
business for the month of June, for which
accept my thanks.
The President has turned Dufur down,
and I find it will be impossible to do
anything for him. all of which Is an out
rage. Sincerely your friend.
JOHN H. MITCHELL.
Q. I now hand you three sheets of
paper, letter slse. ail bearing date June
16, 1902. and ask you if those are carbon
copies of letters taken from the flies of
your office?
A- Yes. those are copies of letters I
sent,
Q. Did you mail the original of each
of those sheets to Senator Mitchell on or
about the date these sheets bear?
A. Yes I did.
Q- Each of the originals was signed by
you?
'A. Yes. sir.
Mr. Heney: We will offer these In evf-dencc.-
The same are received in evidence as
Government's Exhibits 47. 47a and 47b,
and were read in evidence as follows:
More Kribs Business.
June If, 1S02
Hon. John H. Mitchell. U. S. Senate.
Washington. D. C Dear Senator: I en
close you separate letters pertaining to
the affidavit made by Mr. Kribs asking
leave to amend, an application for forest
Heu land selections, and also a list of
forest lieu land selection la order that
you may forward the letters with the
matters to- which thejr pertain to the
Honorable Commissioner and give the
matters such attention as you can.
I desire furthermore to add that Mr.
Kribs has paid up the fee which he was
to pay for the services in the matter of
the timber land entries in the Roseburg
Land Office, which were ordered passed
to patent by the Honorable Secretary of"
the Interior. He has considerable money
tied up In those lands and is of course
exceedingly anxious to have patents Is
sued, as he cannot get his money out
until patents have been Issued, as they
no doubt will be in due course of bU3l-
aess. If there Is any way you can ex
pedite the issuance of patents in these
cases, I wish you would do so. and have
them forwarded to the local office for
delivery. Very truly yours.
P. S- The copy of lieu-land selections
enclosed is for you to keep, so as to keep
track of this list. A. H. T.
Two letters are enclosed which urge
prompt action on both matters referred
to in the foregoing letter.
Q. I hand you Government's Exhibit 9
and ask you if that is the list referred to
In your letter of June 16, 1902. the last
one read? There Is a mark of some kind
on the back of it. .
A. Yes. sir. 1 think that Is the list.
Q. In whose handwriting is that?
A. It is In my handwriting. This Is
No. 5.
Q. I think you have already identified
Government Exhibit 3 on the back of it.
the Indorsement, as being In your hand
writing? A. Yes. sir.
Mr. Heney: We neglected to offer the
back ot it in evidence, which we do now.
The same was marked Government's
Exhibit 3a.
Q. And Government Exhibit 6 I be
lieve you have already identified the in
dorsement of Mitchell and Tanner on the
back as la your handwriting?
A. Yes. sir.
Mr. Heney: We offer the back of that
check in evidence.
The same is marked Government's Ex
hibit 6a.
Q. Did you find the stub book contain
ing the stub of the check for the division
of the money that was received by the
firm for the month of October, 1901?
A Yes. sir. I have it here,
Q. That is the division which appears
on page 134 of the daybook, which Is al
ready In evidence. Does this stub book
contain a check showing that division?
A. Yes. the checks were returned by
the bank to the firm. In due course of
business, after being paid and were pasted
back onto the stub so as to keep them
Identified with the stub In that way.
Q. The amount of the division as
charged to John H. Mitchell In the day
book Is $4S5.S3. Will you explain from
this stub book in what manner that
amount was paid to him?
A. It was paid In two separate checks:
one check wa3 made payable to H. E.
Mitchell for $100: that is the Senator's
son; and the other check was made pay
able to the Senator, for $3S5.S3.
Q. Can you state from examining that
whether or not Senator Mitchell was in
Portland at that time?
Mitchell Indorses Check.
A- I should judge from the fact that
he has Indorsed this check, and that it
was made payable to him personally, that
he must have been here at that time,
though I have no recollection about It.
Q. You have no Independent recollec
tion? A. No.
Q. Mr. Thurston: What is the date of
that check?
A. November 2.
Q. I will call your attention to the In
dorsements upon the back of the check
of $100 to H. E. Mitchell. Do you know
whose signature that bears?
A. That Is the signature of H. E.
Mitchell; yes. sir.
Q. You are familiar with his handwrit
ing? A. Yes, sir.
Q. I call your attention to a check
drawn In favor of John H. Mitchell for
$3S3.S3. Whose signature la on the back
of that check?
A. That is the Senator's signature, John
H. Mitchell.
Q. By whom were those checks filled
out. In -whose handwriting?
A. They are in the handwriting of H.
C. Robertson.
Q. What position, if any. was he oc
cupying with the firm of Mitchell & Tan
ner at that time?
A. He was the clerk or stenographer
in the office.
Q. Who signed the firm name of Mitch
ell & Tanner to the check of H. E. Mitch
ell? A. That Is in my handwriting. I signed
that myself.
Q. Who signed the one to John H.
Mitchell?
A. I did.
Q. Did yon see the entries In the stub
at about the time those entries were
made?
A. Yes,
Q. In whoso handwriting are they?
A. They are In the handwriting of Mr.
Robertson.
Q. Were they made at about the time
of the date they bear?
A. Yes.
Mr. Heney: We will offer both of the
stubs and the checks In evidence.
They were read In evidence as follows:
The stub entry at the top Li No. 742.
date November 2. 1901. To H. E. Mitchell
for account John H. Mitchell. $100. The
check: Portland. Oregon. November 2.
1901. No. 742. Merchants National Bank.
Pay to the order of H. E. Mitchell $100
(one hundred dollars). Signed, Mitchell
& Tanner.
The Indorsement on the back of that
check is H. E. MItchelL A perforated
stamp. "Paid. Merchants National Bank.
Paid. Portland, Oregon." Stamped on
with purple Ink.
Mr. Bennett: I think It ought to be un
derstood that these checks do not refer to
any matter that is charged In the Indict
ment. They are so Intimately connected,
being a part of the same transaction, that
it does not seem to us that the same rule
applies as to these other matters, and
therefore we have made no special objec
tion: but it seems to me the Jury ought
to understand that this la not a matter
that Is charged in the indictment.
Mr. Heney: This Is the first payment
of $500 on the contract of October 15,
1901. The second payment Is February
19. 1902, and that is the second payment
of the first one alleged In the indict
ment. The date of the return of the In
dictment shows that the statute of lim
itations would have run against this
particular payment at. the time the In
dictment was turned In.
Xot Included In fhe Indictment.
Mr. Bennett: You do not claim that
this Is Included in the Indictment?
Mr." Heney: No, it is not included in
the indictment.
The stub to the other check reads:
Jib. 743. Date. Nov. 2. 1901. To John
H. Mitchell. $385.83, one-half net cash.
$481.33. Expense. $4.50. Less check to
H. E. Mitchell for $100,000.
The check reads: Portland. Oregon.
November 2. 1901. No. 743. Merchants'
National Bank pay to the order of John
H. Mitchell $385.83. three hundred and
eighty-five and 83-100 dollars. Mitchell
and Tanner. Endorsement on the back.
John H. Mitchell.
Q. I will ask you if you received an
answer to the letter of June 16. 1902.
which has Just been read in evidence,
consisting of three sheets?
A. Yes, sir; that is the answer I re
ceived. Q. There were three separate sheets
each dated the same- date. Can you say
whether or not they were all mailed in
the same envelope?
A. I expect they were, though I have
no recollection on the subject.
Mr. Heney: We will offer this letter
in evidence.
The same was received in evidence as
Government's Exhibit 48, and read as
follows:
Received Kribs AfTadavlt.
Committee on Coast Defenses,
United States Senate,
Washington, D. C. June-2I. 1902.
Hon. A. H. Tanner, Attorney at LaHv, 809
Commercial Block. Portland, Oregon.
My Dear Judge: I beg to acknowl
edge receipt of yours of June 16th. en
closing affidavit of F. A. Kribs. in which
he makes application to be allowed to
amend the application so as to make
the same in the name of F. A. Hyde, for
lands in lieu of those conveyed to the
United States by power of attorney.
This relates to Lieu Selection No.
3798. I will bring the matter to the
attention of the Department at once,
with the recommendation that the per
mit be allowed.
Yours verv sincerely.
JOHN H. MITCHELL.
Q. I hand you what purports to be a
letter dated June 21. 1502. Whose signa
ture. If you know, docs that paper bear?
A. That is the signature of Senator
Mitchell.
Q." Was that letter received by you in
due-courre of mail about the time of the
date It bears?
A. Yes, sir. It was. . r -
Mr. Heney: We will offer this litis
evidence.
The same was received in evidMM
Government's Exhibit No. 49, and 'rmm
follows:
Washington. D. C, June 3.
nan. a. 1. Tanner. Attorney-i
603 Commercial Block. Portland. Ore
My Dear Judge: I beg to acknoi
recelDt Of vours Of Junn 16. pnHrw
list of lieu selections, all at Rosel
wnicn you say were Med with the Gel
Land Office about two vears azo as
which nothing has yet been heard.
you ass mat 1 get tne same made sj
if nosslble.
I will brinir tha same to the attmt
of the department at once and end
to nave action taken as soon as poi
Yours very sincerely.
JOHN H. MITCHELL.
W. iiia you nna the carbon copy of ti
daybook of the firm from Nov-nbt
1901. to June. 1902. which was referr ?
in tne letter or June 3. 1902. that was
In evidence?
A. Yes. sir. I have the copy here. J
icasi i suppose it 10 De a copy, it is
carbon copy. I do not remember that
compared it with the books, but It ws
mnae Dy -uiss spencer.
Q. And kept on file in the office
since?
A. Yes, sir.
Q. You saw it at that time?
A. Yes. sir. '
Mr. Henev: We will havi Mis SriM
here later on, and If you are willing.
me 10 go on witn tne agreement tr
will have her Identify it as th& con
the ens made by her, we will put ii
evidence now. '
Mr. Bennett: No, we do not standi
teat.
Mr. Heney: We will offer the copy
evidence.
Mr. Eennett: I sunnose the same ml
would apply to this as to the origrnJ
book, mat it has nothing to do with it"?
matter. It covers private transactions of
tne nnn rcr quite a long time.
The Court: Of course, the matter
Is really material consists of those p1"
tlcular entries.
Mr. Heney: Yes. that is the materia
matter, but it is necessary to put the
whole thing in as being the paper that
was sent, and we will read only the mate
rial tarts.
The Witness: Of course, there are
great many entries that have no Tefereac
to this matter at all.
Mr. Heney; We will read that portion,
only which Is In controversy here.
Mr. Bennett: I suppose, then, thit !
the only matter, then, that will be in evi
dence?
Tends to Show His Knowledge,
Mr. Heney: No. I offer the whole pa
tha nlioitlnn V.o t in itvrv nrlll VaaVA
determine Is whether from the receipt
this paper they can Infer that Sena
VritoVioll'a nftantlnn Tl-93 raUprf tt i
matter, wnicn win aepena somewnat u
the appearance of the paper and how"
cmry appears niereui.
The Court: Well, I think It is not nec
sary to read It at this time.
itr, Heney. o, omy mat one entry.
The Court: But let the whole matter
introduced and counsel can make si
comments on it as tney desire to in a
read" the one" entry, but the jury should"
nave tne rignt to inspect me ppper iur
themselves.
The Court: That is true, they have that
right, but It Is hardly necessary to read,
the entire paper, unless counsel Insist
upon It.
Mr. Heney: No, I am only going to read
the one entry at this time.
Mr. Bennett: May It please Your Honor,
If I may be heard on this matter. It seem
to me it stands exactly as the books did".
n ...7 I. 1 tin mnr-A that thft. 1llTV
should have these entries In relation Jjj.
these parties' private business In this fpai
than ft was that they should have ItHn
tho books. It seems to me that the cntri
referring to this matter are the only ons
that are material. Suppose the whole
books had been sent along; would that
have made them material?
The Court: I am sure I have not ths
remotest Idea what use counsel is going to
make of those Irrelevant matters. I sug
gest that the attention of the jury bs
called to those matters that are relevant,
to this case. If the lnegrlty of the doc-1
ment Is attacked during the trial and It
becomes necessary to put the entire paper
in evidence, you can do that.
Mr, Hcncy: I only Intend to call the
attention of the jury to the particular
items relating to this; but In argument I
propose to show the Jury the document,
and let them Inspect it for themselves
and see what the probability or nonprob
ablllty Is of the person who received it
having noticed those particular entries.
The court: Let me see the document;
We might as well have It settled now,
what goes In evidence. It seems 4o me
the only material matter in It Is that
which relates to those particular entries
that have been Introduced In evidence. X
cannot conceive of anj other use that can
be made of the paper.
Mr. Heney: There is not other use that
counsel desire to make of the paper. ir
Your Honor pleases. But It I wanted ta
introduce that entry in the books- th
court would be entitled to see the entire
book for the purpose of determining the
amount ot weight to give to the entry,
and the Jury, it seems to me. are entitled
to see the paper which contains the en
try for the purpose of determining how
much weight to give it. as a circumstance
tending to show that the party who re
ceived It had knowledge that this entry
was there In the books.
The court: You have the testimony of
the witness that this Is a copy of th
books that was called for by the de
fendant, and that It contains the particu
lar entries which you have introduced In
evidence. I cannot understand how any
other part of that document Is relevant.
I do not understand that the entire busi
ness of that firm is to be exposed to the
mV. Heney: I have not looked up this
particular question. If Your Honor
pleases, but a very eminent lawyer in
Los Angeles who recently tried a case
that was brought against some public of
ficer for embezzlement Insisted upon the
trial of a case In which I was taking
part a week or two later against him.
that the only way that an entry could
be put In evidence was by putting the
whole of the book In evidence, and n
said they had threshed out that question
In that case. . .
The court: I think he was wrong about
It, unless there is some suspicion casf
upon the book or the document itself.
Mr. Heney: That was my own impres
sion. As to this particular paper, 'how
ever, I think a different rule applies, even
though It was the whole book. However,
the only part we desire to read.
The court: I think the examination
should be confined to the particular en
tries, especially in a trial of this kind,
so that we shall not get into the case
anything more than properly belongs
there.
Seeks to Show Knowledge.
Mr. Heney: -In order for the Jury to
determine the purpose of putting this
In Is to show the probability it Is a cir
cumstance tending to show and if not,
it is not competent at all that the de
fendant had knowledge of the fact that
this money was received from Kribs.
Having received this paper, he may or
may not have read it, but as to whether
he saw that entry or not, something
might depend upon whether it isat the
top of the first page or the middle ot
the last page or In an obscure place.
The court: Tou can show the Jury that
entry as It Is there.
Mr. Bennett: We are willing the whole
paper shall go in for that purpose; with
the understanding that these private mat
ters are not to be commented upon.
Mr. Heney: Oh, I will not comment up
on any private matter that does not go
in evidence. I read from page 7, and
it Is tho third and fourth entries. The
heading of the page Is "Portlands Oregon.
February 4, 1902." I think you will and
that it is an exact copy of the page of
the book. It starts Just belowythe last
settlement. "Fred A- Kribs tocash re
tainer In S. A. D. Puter llet of lands, he
to pay $500 more when approved for pat
ent. $300. By cash $300. A H. Tanner to
cash above amounts. $506." (There te a
$6 entry Just above.) "By deposited in
bank, $30S."' "Now, I want the Jury to
look at the entry.
The entries were exhibited to the jury
and the paper marked Government's Ex
hibit. No. 50.
Mr. Heney: The entries upon page Z
of the division following, that being:
the first entry on the page,, we also
jead In evidence:
Portland. Or. February 3, 1902. Tha
date la evidently a mistake and should
be Marcn. 3. The preceding, entry Is
March 3, ' and- the preceding entries
containing the date would have to go
In evidence in order to show that mis
take. Portland. Or... February 3; 102,
Paid the following bills by check.