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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 27, 1905)
MITCHELL TO ROBERTSON: "ALL I GOT WAS SOME LITTLE CHECKS"
THE MOUNTS G OREGOXUlX, TUESDAY, JTTNE 27, 1905.
A. Generally speaking, he did, but not
in every instance.
Q. It was the habit of the Senator
to do that?
A. Certainly. It was his habit to answer
Q. How many cases, do you suppose, be
wag requested to look after in the de
partment In the course of a year?
A. Well, including pension cases, which
were very numerous, and everything:, I
suppose that It would average Ave re
Quests a day.
Q. Five requests a day?
A Yes. sir.
Q. That would be 1600 or 1700 in a
Q. You were In Portland when the Sen
ator appointed you as his private eecre
tary In March. 1901. were you net?
A. Yes. rir: I was.
Q. How long did you remain hare be
fore going to Washington?
A. I remained here until the 2th of
November, that year.
Q. Was th-s Senator here at that time?
A. He was not. no. sir.
Q. Where was he. if you know?
A. The Senator left here on the 2d of
March after his election and went to
Washington, and my understanding is
that he was sworn in on the 9th.
Q. How long was it before he returned
A. He returned here, I think, the 29th
of May. 1901.
Q. Then where was he up to the time
of his leaving for Washington In the Fall?
Senator Mitchell's Health.
A. He stayed here until the latter part
of June, then he went to Europe. My
recollection Is that he sailed from New
York on the 17th of July. 1301. I don't
recollect exactly how long he was in
Europe, but he returned to Portland. 1
think, on the 15th or 16th of October,
Q. Then after he was elected Senator,
the first part of March. 1981, he was only
in Portland that year about a month,
from May 27th to the latter part of June,
until he returned from Europe, about the
15th or 16th of the following October.
That is correct?
A. That Is correct, yes, sir, as I re
Q. Do you know what the condition of
his health was when he returned to Port
land from Washington, about the 27th of
A. 1 don't think his health was any
different than usual. It seemed to be
the same at that time.
Q. Isn't it a fact that he brought a
doctor with him on the way from Wash
ington, to take care of him?
A. I believe he did. I believe Dr.
Brown came with him. yes.
Q. Then you wouldn't say that was
about his usual state of health, would
A. Well, when he got here he seemed
to be about the fame as ever.
Q. He hadn't been In good health for
some time, had he?
A. I understood that he was sick
while he was In Washington, between
March 9th and May 29th.
Q. Now. during that month from May
27th to the latter part of June, when he
was here, did hj give any attention what
ever to .the ofhee business attains of the
law firm o Mitchell & Tanner?
A. I don't think he did.
Q. Did he. at that time, so far as you
know, examine the books of entry of th
A. 1901. that was?
A. Not that I know of: not during the
time he was here in May and June.
Return From Europe.
Q. He returned from Europe 'about the
35th or 16th of the following October.
A. Yes. sir. 1901.
Q. How long did he remain here, then?
A. I think we left on the 9th of No
vember. Q. Then he was only in Portland from
the middle of October to about the 9th
A. Yes. sir. that Is all.
Q. Then he went to Washington?
A. That is my recollection.
Q. And you went with him?
A. Yes. sir.
Q. During that short stay In the city
did he give any particular attention to
the business of the law affairs of th
firm of Mitchell & Tanner?
A. I don't know that he gave any par
ticular attention. I know he was -in tho
office. I remember the time;
Q. He found on his return a large ac
cumulation of mail covering public mat
ters, did he not?
A. I don't think there was very much
of an accumulation. He had cleared It
up In the East, himself had a stenog
rapher there. I understood.
Q. Wasn't there any here?
A. Therei was some of course; always
moil coming. ,
Q. Did he attend to that in the office?
A. Yes. sli; dictated some In tho
Q. With your assistance?
A. Yes. sir.
Inquiry Into OfTice Business.
Q. Well, now. do you know of any
other business that he did In that office
except to attend to his public affaire and
correspondence while he was here at that
A. Well. I remember distinctly seeing
him and Tanner In the office, talking, ana
I remember distinctly the time that this
first entrv here, of the 16th of October,
was made that he was there, and I re
member distinctly seeing he and Mr.
Krlbs talking together.
Q. Do you know what they said?
A. No. I don't know what their con
Q. Didn't overhear any of the conver
sation? , ,
A. I didn't pay any attention to it; I
saw them in there talking.
Q. You saw Tanner call Krlbs into
Mitchell's office and introduce hlro
A. I didn't see Tanner take him . in and
Q. Don't vou know that was-the first
time Mitchell ever saw Krlbs?
A 1 don't know that It was.
Q. And that Tanner introduced him?
A. No. lr, I don't know that
Q. You don't know that?
A. No. s-lr.
Q. All you know Is you saw Mm go
into his office saw him In there?
A. Yes. sir.
Q. Do you know how long he stayed?
A. No." I do not.
Q. Don't know anything about it?
A. Well, they were there a fow min
utes. That is all I know. 1 don't know
Examination of Hooks.
Q. During that period of time from the
middle of Octlcr. 1901. to the 9th of No
vember, 1P01. while Senator MKchoti wan
in thi city, to your knowledge did he
examine the books of entry of the Arm?
A. I don't know that he did during that
time. No, sir.
Q. You dwn t know whether he did or
A. No. sir.
Q. Then you cannot swoar that he saw
at that time, before he went te Wash
ington, that entry of the first Kribs em
ployment? A. No. I do not.
Q. You don't knew?
Q. You wont to Washington with Mm
on the 9th of Novomber; how long did
you remain there?
A. 1 remained there until the Sth of
Q. How kng did the Senator remain
A. He remained there a couple of
weeks longer than that; perhaps three.
Q. When did he next reach Portland?
A. I think he arrived In Portland either
the first or end of August: about that
time; I am not certain about It.
Q. Earlv in August?
Q. How long did be remain here then?
A I think he remained here until
about the 23d of August at that time
Q. Whore did he go then?
A. Went to 'Frisco on his way to Hon
olulu. Q. Then from 'Frisco, where did he go?
Q. Did you go with him?
The Trip to Honolulu.
A. I left here. I think, on the 25th or
27th. and went to "Frisco and met him:
we were thore a couple of days, and we
jailed from 'Frisco for Honolulu on the
mh of August. 1902.
Q. Was that on public business, that
A. Yes. sir. It was an investigating
Q. The Senator was one member of a
committee authorized by Congress to go
.to the Hawaiian Islands, investigate and
A. Yes. sir.
Q When did he return from that trip?
A. We left Honolulu on the 35th of
September. I believe. We arrived in
Frisco on the 6th of October. I tbJnlc I
arrived in Portland on the ttth of Oc
tober. Q. When did the Senator reach Port
land? A. On the 12th of October.
Q. How long did he remain here at that
A. I think he left here on the 25th of
Q. To go where?
A. He went East.
Q. Did he go to Washington?
A. I think he went by way of New
Q. His ultimate destination was Wash--ington?
A. Yos. sir- I beat him there I left a
day or so later, and I beat him there,
Q. Then Senator Mitchell was only in
Portland in the year 1902. on two occa
sions. Is that right, from early in August
to the 23rd of August, the first time?
A. Yes. sir.
Q. That is right?
A. That is right.
Q. From the 12th of October to the 26th
A. That is about right, yes. sir.
Q. They were tbe only periods of time
in that year when he was personally in
A. Yes. sir.
Callers at Office.
Q. Now. during that first IS or 20
day in August that he was here, do
you know of hi attending to any of the
business affairs of the law firm of-Mltch-ell
A. I .know he was in the office and I
know that there were callers.
Q. He used the office for the purpose
of carrying on his public, correspondence
and business, didn't he?
A. He receh'ed every one who came,
whether they were on public business or j
on private business-. 1
Q. A great many people oalled on him
A. Yes. sir.
Q. And occupied a large part of his
A. Yes. sir.
Q. And yon were always assisting him
ia his correspondence and his public mat
ters during that time?
A. Ye?, sir;, and his private business
Q. Well. now. do you know as te
whether or not he did anything at that
time in connection with the - law mat
ters of Mitchell & Tanner?
A. I know he looked over the books
at that time.
Q. That Is the time he looked over
A. Yes. sir.
Q. Is that the first time you knew of
his looking over the books?
A. Oh. he had looked over the books
before when he was here, certainly.
A. Before he went to the Senate. He
used to always loek at tbe books about
every so often.
Q. Before he went to the Senate?
A. Yes. sir.
First Seen With Account Books.
Q. But I am asking you now from
the time he went to the Senate. Was
that the flrrt time you saw him with
the account books of the firm in his
A. Yes. sir: that was In August.
Q. That was in August. IMS?
A. Yes. sir.
Q. And how long did he have the
books in his possesion?
A. I presume he was looking at tltat
time for two or three hours. He left
them on his desk and when callers would
come he would not look at them for the
time being. When they went out he
would resume hl. examination.
Q. Were you In there that time?
A. Some of the time; es, sir.
Q. Callers coming In and out?
A. In and out. yes. sir.
Q. Do you know how carefully h ex
amined the accounts?
A. I don't know exactly bow care
fully; I know he looked over them.
Q. Iooked over the books? Callers
coming in and going out?
A. Yes. ir.
Q. They lay on his table two or three
A. I should say as much as that, may
Q. Was that the -only occasion,. In Au
gust, 1002, when he called for it. you
saw him have In his possession tho
A. I don't think he called for them but
Q. During his stay in Portland, en his
second return In October, from October
12 to October 26. did he have the same
general character of visitors, political
and otherwise at his office?"
Character of Visitors.
A. Certainly, the samo character of
visitors, so far as I know.
Q. His time was very well occupied
with people coming to see him and talk
ing over matters?
Q. He also during that time transact
ed here his correspondence and public
business with your assistance?
A. Yes. sir.
Q. During those fourteen days he was
here do you know of his giving attention
to any of the business affairs of the liw
firm of Mitchell & Tanner?
A. I couldn't swear that he did. no,
Q. Out of that time he made a trip
to the seashore for three or four days,
A. "I don't remember.
Q. He may have done so?
A. He may have done so.
Q. At that time do you recollect Ms
having the books la his possession or
A. I do not. no. sir.
Q. So up to the end of 1&T2. or from the
time he first wont to tbe senate, left
here to go to the senate In October, or
early In November. 190L down to the end
of 1902. you only know of his having
those books In his possession at one time,
and that was in August of 1932?
A. Yes. sir, I remember It distinctly.
I know when It was.
Q. That Is the only time you know
of up to that date?
A. That is the only time I knew of.
yes. sir. .
Recess taken URtH 2 P. II.
Afternoon session. 2:09 o'clock. P. M.
Cross-examination of Mr. Robertson re
sumed: Q. Mr. Robertson, after Senator Mitch
ell went to Washington, as you have testi
fied, in Ocetober. 2902. how long did he
I remain away from Portland?
i A. He came back here about the mld-
Jdlc of May. lm.
j Q. How long did he remain here at that
! A. Until tbe 7th of September.
IQ. Then where did he go?
A. He went East.
Q. So that the only period of time in
1MB during which he was in Portland,
j from the middle of May until early la
September, was that period?
! A. I think it was.
Q. During that time, was he at the
office of MitcheH & Tanner much of
A. Part of the time: yes sir.
Q. And during that period of time, did
the seme condition? exist, of his having
a great many calls from his constituents
A. Yes-, sir.
Q. And he also at that office, trans
acted with your asstetajice. Ms puMfc
business and correspondence from day
Q. At many times these oaMs from
constltutcnts were so numerous that he
had a watting list in the outside room,
hod he not?
A. Some time. people had to wait. yes.
Q. Vary muck occupied with hi? con
trtitutents and public matters?
A. Certainly, he was a busy man dur
ing those tiroes.
Q. During that period of time, so far
as you know, did he do any of the busi
ness of the firm of Mitchell & Tanner?
Called for the Books.
A. I den't know that he d4d. I don't
know what they may have consulted him
Q. So far as your knowledge goes, you
don't know that he did?
A. I den't know that he did; no, fir.
Q. During that time, te your knowl
edge, did he examine any books- of ac
count of the firm?
A. He did. air.
Q. How many times"
A. He called for the books. I should
say It was some time In July. 1903. It
was at the time I made this typewritten
copy of the agreement for him.
Q. Called for the books at that time?
A. Yes. sir.
Q. What character of examination -did
he give the books, so far as you knew?
A. He had them in his office there,
and In going in and out 1 saw be would
be looking over them and Inspecting
them; I don't know what, particularly.
Q. You don't know what bis inspection
went to. or how general it was, with
the accounts la the book, do you?
A. The only thing I know. Is that
sometimes as I say. he would call me in
ask me how ther had arrived at a certain
j figure, and I would take my pencil and
figure out the month for bun.
t Q. He was looking, up the monthly
: statements to ascertain if a due portion
; of the net proceeds of the firm had been
given to him?
, A. That was my understanding, yes.
. Q. After he left here is September,
UOt. when did he next return to Port-
A. T think he came back here on the
2t of July. 1904.
i Q. Hew long did he remain then?
A. And he remained until the lith of
' last November.
Inspected the Books.
Q. During that time, did tbe same gen
eral condition continue as to his seeing
conmitutents and transacting his public
A. Yes. sir.
Q. During that time, so far as your
knowledge goes, did he inspect the books
of the firm?
A. Yes. fIt: during the month of Oct
ober1, he Inspected them considerably.
He called on me. I should think, as
many as four or five different times, to
bring the books to him.
Q. Do you remember what dates in
A, Well. In tbe latter part of the
month, while he and Tanner were talk
ing of making up this new agreement or
some new deal between them.
Q. But It was after the Sth of Octo
A. Yes. sir; I should say it was after
Q. And as far as- you know, prior to
HARRY C. ROBERTSON GIVES DAMAGING TESTIMONY.
The end of the MitcheH trial Is in sight, and one more day may perhaps send the 'ease te the Jury. The
Government has rested in Its efforts, and has now given way to the defense, which began yesterday afternoon
to offer evidence in rebuttal to the mass of documents and the seemingly damnfng testimony of Tanner and H.
C Robertson. Tanner has passed out of the history of the case and his testimony, enmeshing as It was. paled
by the side of the story told by the former private secretary to Senator Mitchell, which stands out as the chief
barrier against the defendant's acquittal.
The morning session of the court opened with the call of Judge De Haven for the eases remaining on the
docket. He announced that the demurrer In the cases of Williamson. Van Gesner and Marion Biggs, and In that
of Williamson. E. P. Mays el aL. would be overruled. Mr. Henoy desired that the case of the United States
against Williamson. Gesner and Biggs-be the next called, and by order of the court the case was set downfor
Monday next, while the court announced that all of the cases yet remaining on the land-fraud calendar would be
set for hearing on Friday next." The Jurors who bad been excused were called and excused again until Monday
next, when they will be needed for the Williamson trial.
These preliminaries out of the way. tbe proceedings in the Mitchell trial were taken up. and Arthur W. Orton.
a bookkeeper In the Merchants National Bank of this city, was questioned as to a copy of the bank accounts of
Mitchell and Tanner and of John H. Mitchell, trustee, after which the copies were Introduced in evidence. Judge
Tanner was called for a short time to identify some checks paid by Krlbj and indorsed by Mitchell. J. T. Bridges,
of the'Roseburg Land Office, testified that the Kribs claims had been open for entry en the books of the office,
and then Harry C. Robertson was called by the Government.
Robertson was a good witness for the prosecution, clever, shifty, and not to be trapped. He told bis story,
with all Its aspersions of crime, glibly and confidently,, and though the defense tried hard in cross-examination
te shake what he had said. It was unable to do so, and only succeeded in introducing a denial of some of Rob
ertson's statements by T. O. Abbott, a Seattle lawyer, who was alleged to have had a conversation with the
witness in which he expressed the belief that the Senator was Innocent of the charges made against him.
Robertson told of his association with Senator Mitchell and of the trouble arising from the land-fraud inves
tigations. The Senator had maintained that he knew nothing of Kribs in any way, nor did he remember the
old clause In the partnership agreement by which he was to receive money for services before the departments.
At the time Robertsou was subpenaed to appear before the grand jury. Mitchell had told him that Tanner and
he had fixed up the articles and that the witness should go to Tanner as soon as he reached Portland, look over
the agreement and hear what he was to testify from Tanner. The witness had given the letter Intrusted to him
by Mitchell for Tanner to the Government only upon compulsion. He had told Mitchell that the Government had
sent a detective to The Dalles to meet him, and that ho had been escorted to the grand Jury room by an officer,
thus letting blm draw his own inferences
The witness had tried to get out of coming to Portland, but was told by Mitchell to come and testify accord
ing to Tanner's directions. Upon the return of the witness to Washington the Senator grew very angry at him.
said he was In & conspiracy with Tanner to ruin him. and swore at the Government officials interested in the
land frauds. The Senator had cried and said they should not prosecute him for the Kribs business, because he
had only received a few small checks.
,Jn the afternoon Robertson underwent a severe cross-examination by ex-Senator Thurston, but the defense
could not shake his testimony. The Government re ted Its case at 2 MS o'clock. Robertson being the last witness.
The defonse opened Its case by' calling T. O. Abbott, of Seattle; W. H. Odell. of Salem; J. P. Fullerton. of Rose
burg: A. D. Stlllmaa. of Pendleton; W. D. Wheelwright, of Portland, and T. B. Wilcox, of this city, all of whom
testified te having received assistance from the defendant before various departments, in oach ease of which the
Senator had refused to accept compensation. The case of the defense will be continued and perhaps finished to
day, it being the opinion that Senator Mitchell will take the stand in his own behalf.
the Eth of October. 19W. he made no ex
amination of the books of the firm?
A. You mean during the year 1901?
A. So far as I " know, no sir: I think
it was after the 20th whon he examined
Q. During your service with the Sen
ator as his private secretary. Mr. Robert
son, your relations were very friendly
and confidential, were they not?
A. They were. sir.
Q: You had charge of Ms office filesv
A. Yes. sir.
Q. And had charge of all his papers?
A. I can't ay that I had charge of
all Ms papers; no sir. Some times he
did not turn over letters to-me.
Q. Well, public papers and
A. No. not all his pubHc papers or
private papers, no, sir. He did not al
ways turn over all correspondence to me.
He turned over a good portion of It.
Q. When were you subpenaed to come
to Portland a a witness?
A. On the night of February 3 last.
A. la Washington. D. C
Secret Service Interview.
Q Prior to that time, had you been
interviewed by any of tbe Secret Service
men or other officers of the Govern
A. About two or three days before
that there was & gentleman came to see
me at the Dewey Hotel who said his
name was Taylor.
Q. What did he say Ms position was?
A. He told me he was a Secret Service
Q. You had a talk with Mm?
"A. He wanted to talk with me In ref
erence to land frauds, he said.
Q. In reference to what?
A. In reference to kind frauds. I told
him I did not care to talk to him. and
he insisted, and I sold 1 wpuld listen
to what he had to say.
Q. Did you make any statement to
Mm at that time?
A. I was Just going to say that. He
asked me if I had not been In the em
ploy of Senator Mitchell a long time? I
teM Mm I had. He also asked me If I
had not been In the employ of Mitchell
Jfc Tanner a long time. I told him I bad.
Then he produced a typewritten state
meat of questions and passed them to
me and asked me If 1 would answer
those. There were five or sir questions
to the effect had I been a bookkeeper for
Mitchell & Tanner
Q. Well, did you answer them?
A. I did not. I told Mm I considered
it an Impertinence on Ms part and that
1 -would not answer those questions, and
our interview ceased there.
Q. Did you make any statement to
, mm? .
t A. I made no statement to him further
j than I had been in their employ.
IQ. Did you communicate to Senator
Mitchell the fact that that Special Agent
t of the Government hod called upon you
and propounded those Inquiries?
I A- I did not. sir.
i Q. So that. Hp to the time you left
j for Portland. Scooter Mitchell did not
know that vou had been approached by
j-the Secret Service Officers of the Gov-
j Mitchell Knew of Subpena.
!A Not so far as I know. I thought
he had troubles enough at that time. I
did not care to bother him. as long as
I I had not given them any information.
Q. Senator MiteheM knew you were
j going to Portland Is answer to the
A. Yes. sir. . .
Q. And ofter those conversations you
had with him. that you have testified
to. he Intrusted to yeu as a confidential
messenger, the envelope that you have
identified, containing the inclosures you
A. He sent It to me by Max Pracht.
Q. You understood It was his wish
that you should convey that to Portland
and deliver It to "Mr. A- H. Tanner?
A- I did. sir.
Q. When did you arrive In Portland?
A. I arrived In Portland oa the morn
ing of February 10.
vi. Did anybody meet you at the train?
A. There did not.
Q. Where did you go?
A. I went to he Portland Hotel.
Q. What did you do?
A. I got my breakfast, and then I re- I
ported to the court. '
Q. Had any representative of the Gov
ernment waited on you, up to that time? j
A. No. sir. :
Q. You were not under any duress or !
A. I was not. J
Q. You were not taken to that office.
A. I went of my own free will.
Q. You went of your own free will?
A. Yes. sir.
Q. Why didn't you go and deliver the
letter to Tanner first?
Did Xot Want to Perjure lilmscir.
A. For this reason. Senator Thurston. !
I knew from what-Senator Mitchell had
told me that the Senator and Tanner hod !
gotten up this false agreement. I knew
that if I went to Tanner, he would make
a strong appeal to me to stand la with
them and perjure myself, and I was afraid
I was not strong enough to resist him. :
and I made up my mind that-1 would go '
first and give my testimony.
Q. Then you did not go to see Tanner
and deliver that confidential letter be- 1
cause you thought Tanner was the kind j
of man who would ask you to perjure
yourself? Is that It? -
A. 1 thought, from what Senator Mitch- 1
ell bad told me. he would certainly do so. I
' Q. You had been with him a long time? 1
A. Yes. sir.
Q. Do you mean to 'say you- thought ,
Tanner would ask you to perjure vou rs elf 1
if you went and delivered that letter to
A I have no doubt of It. from the con- I
versatlon I had. and Judge Tanner has '
told me also that he expected to.
Q. You had no doubt of It?
A. No. sir.
Q. Then you did not go and deliver that
letter to Tanner because you was afraid i
he would ask you to perjure yourself? .
A. Yes. sir. j
Q. And you also were afraid you could I
not resist the request? I
A. I knew he would make a strong ap- 1
I peal to me on behalf of Mm and, his
family, and I was afraid I could not rc
I sist It.
Q. You were afraid you could not re-
sist the request?
I A. Yes. sir; I was.
j Q. So you went to the District Attor
ney s ou:ce?
A. Y'es. sir. I did.
Why Letter Wns Delivered.
Q. Why didn't you send that letter to
Mr. Tanner without going there?
A. I expected to deliver that letter to
Mr. Tanner as soon as I got through with
Q. How did the officers of the Govern
ment at the Court hoi ie know that you
had such a letter?
A. I am not aware how they got their
Information. 1 know this much about It:
I was examined up until the noon recess".
At the noon recess the District Attorney
Invited me Into his office. He asked me
.t - ui wit- oiuv 4uiuuuiia i itn k. au
been asked me In the grand Jury" room,
and I gave him the same answers. Among !
them.- he asked me If I had not met a i
Mr. Boms. 1 told him I had not. He ;
asked me It 1 had been to see Tan- j
ner? I told him I had not. He seem- I
ed to be under the Impression that I
was lying to him about it. He repealed
his questions. If I was certain I had not
seen Tanner. And before I bethought
what I was doing. I said. "No. I am
going to see him now; I have got a letter
l intend to dell -er to him."
Q. Then the first suggestion that you
had a letter cume from you?
A. I don't know; they seemed to knew
a great deal more about It than I did.
Q. But as you have stated
A. So far as I know. yes.
Q. You made the first statement?
A. Yes. I made that statement.
Q. Suggesting that you had a letter?
A. I did not suggest It: I told him. I
told him I was going to deliver It to him.
Q. Then they asked you to produce It.
and you produced it?
Jlcney Demanded Letter.
A. No. sir: I Insisted that I wan rnicr
to do It. and Mr. Henev told me that he
would call me back, that they were going
to take that away from me. I told him I
did not think they had any right to take
it away from me. and I was going to take
It down to Tanner. Among the questions
he asked me. he asked If I had the letter
with me. I told him no. that the letter
was at the hotel In my grip.
Q. That Is what you told Hcney?
A. Yes, sir.
Q. Weft, was It?
A. It was. and I again told Mm I
was going up and get it and take It to
Tanner now: that I was no longer afraid
to talk to Tanner. He said to me this:
"You can go to the hotel and get your
lunch. If you want to. but I will send an
officer to escort you back to the court
room, as I Intend to take that away from
you." and 1 was escorted back.
Q. When you wrote the partnership
agreement of March 5 1901. you say Judge
Tanner dictated it?
A. Tes. sir.
Q. Was Mitchell present?
A. He was not.
Q. As a matter of fact, didn't you have
before you. given to you by Judge Tanner.
tne lormer arucies or co-partners tup. and
you were ashed to copy them except as "wished me to come to his room the next
to one or two new clauses which Mr. morning at 9 o'clock, that he and WU
Tanner dictated? I llamson would be there, and they de-
A. No. sir; my recollection is that ! lrpd me to write them a statement as
Judge Tanner dictated the whole agree- Trha,1 had occurred while I was out
tnent to me. ' here. I did not go.
Q. Didn't he dictate it then, from a
copy or the old articles which be had
A- I don't know whether he did or
not; I presume he did.
Q. So far as you know? Wouldn't you
A. No. I would not remember that.
Q. Couldn't you tell whether he was
reading or dictating from a former agree
ment? A. No. 1 could cot.
Q. You can't remember about that?
A. No. I presume he did. though.
Q. After you were subpenaed at Wash
ington, you went to see Senator Mitch
ell? A. Yes. sir.
Q. Told him you had been subpenaed?
A. Yes. sir.
Q. What was the condition of the Sen
ator's health at that time?
A. About the same as it seems to be
Q. Hadn't he been very much under the
weather for some time?
A. Nat to my knowledge; no. sir.
Q. When was It he was so seriously
lit In Washington before that?
A. He was seriously 111 In Washington
in January and February- of 1303.
Q. How was his health after that?
A., His health seemed to be about as
usual for the last several years.
Q. Is It not a fact that In ISO he was
eo seriously 111 that his friends were very
much alarmed about his condition?
Q. in ISoi; were very much alarmed
about a fatal termination of his disease?
.V No. not in MM; that was In ISO.
Q. It is a fact. Is It not. that the Sen
ator has been in impaired health most or
all of the time since his last election to
A. No; I cr.nnot say that he has. He
has been indisposed at times, but I
think a good deal of It was hU own fault
He was seriously ill In 1908 and he was
also seriously 111 In 1S01. I understand,
when he went East. 1 was not with
Q. When you had your conversation
with him at his rooms, after you had
been subpenaed to eoroe to Portland, do
you remember the date?
A. That was the night of the 3rd of
February, the day I was subpenaed.
Q. Tho night of the 3rd of February?
A. Yes. sir; the day I was subpenaed.
Q. At that time he told you what Tan
ner had testified to before the grand
A. He toW me Tanner bad been before
the grand Judy with a copy of their
agreement of 1001.
Q. 1 am not asking you what he said:
but he told you at that time Tanner
had been before the grand Jury and tes
tified? A. Ye?, sir.
Q. Do you know when Mr. Tanner did
go before the grand Jury?
A. No. sir; I don't know the date.
Q. Do you know, as & matter of fact.
that he had been been before the grand
jury at t Rat time or not?
A. Not except from the Senator's state
Q. Now. Mr. Rorbertson. In that Inter
view when you told Senator Mitchell
that you were going to Portland to an
swer a subpena and as-ked him what you
should say. It is not true that he told
you to tell the truth?
A. He did not.
Q. He did not?
A. He told me this
Q. I am not asking you what he told
you. you have been over that.
A. He didn't mention the word truth.
Q. He did not tell you to. tell the
A. No. sir. x
Q. Did not advise you ta-tell the truth?
A. No. sir; he did not. - -
Q. xou are positive about that?
A. I am very positive about that.
Q. You came out here and testified?
A. I dW.
Q. And went back?
A. Ye. sir.
Q. And had the other conversation with
Senator Mitchell you have narrated?
A. Yes. sir.
Q. Remained in his employ after that?
A. I tendered my resignation that
Q I am not asking about that. Tou
remained in his employ after that?
A. He was at liberty to accept my
resigsatiOR at any minute.
Q. How long did you remain In his
employ axtor that? ,
Cut Off Mitchell's I'ny-Roll.
A. I think he cut me off the roll on
the 21st of March.
Q. During that time you drew a sal
A. I drew the salary, yes. sir.
Q. Did you serform am- services?
A. I took no dictation from Senator
Mitchell after that time. He had me
cosy the different Indictments
Q. How many times after that before
you were discharged did you go to see
senator Aiucneu :
A. I saw Senator Mitchell How la
! Q- How many times after that did you
o see aenaior -uncneii.'
a. x saw senator Jiucneu in tne com
' mlttee room on Monday and Tuesday fol
lowing. I saw him at my hotel, the
; Dewey, on the Friday evening following.
I I saw him la his committee room the
, next Satur-laj- afternoon, and I saw him
at at souse tne next sunaay.
Q. Kept away from him most of the
time, didn't you?
A. I was In .very bad health myself: I
had caught the grip when I was out
nere and in addition 'to that I did keep
una) iium mm.
Q. You dW keen away from him?
A. Yes. sir. Partly on account of my
illness ana partly oecause l wanted to
reslca ray olace.
Q. I am not asking yon what you
laougni. Bui tor lac ucu. lou aid Seep
away irom nun;
A. Yes. sir.
Q. And as a matter of fact, on several
occasions, when he sent for you. you did
not up pear, did you?
A. He sent for me on the Wednesday
morning following. He had told me
Tuesdar afternoon In the office that h
wished me to come to his room the next
Q. xou did not go?
A. No. sir.
Q. Did he send for yon on other oc
casions wnea you aid not go;
A. I don't remember any.
Q. Did he irlve you certain direction
by letter or otherwise, as to packing-up
Ms papers and affairs and transportlnr
them to Portland?
A. He did.
Q. He asked you to do that?
A. Yes. sir.
Q. Did you do that?
a. r did.
Q. When you reached Portland, did you
resort to him?
A- I did not. sir. I simply sat right
down and wrote him a letter, tendering
my resignation aosoiuieiy.
Q. You did not go near him?
A. No. sir.
Q. At the time Senator Mitchell called
at your hotel In Washington, ho simply t
called to ascertain as to the state of your
health, did he not?
A. He had sent his grandson the day I
befor with one of the indictments and ,
asked me to copy It: and I was confined
to my bed at tbe time the Senator called ,
on Friday OTealng. I had sent for my j
dinner, and was la bed eating It when I
c came up. I
Q. He cnHed on you to see how you
A. I don't know what he eome for.
Q. Had no conversation?
A. We did.
Q. What was said?
Did Xot Betray Me.
A. Among other things, he referred to
the fact that he wanted me to codv this
Indictment as soon as I was abfe: make
Mm several copies of It. He also referred i
to the fact that he wanted a statement ,
from me as to what had occurred while
I w-is out here. He also said this: H '
said: "I have come to the conclusioa.
that you did not betray me when you
were out there, and that you can stay i
if vou want to." And I diri not mat
whether I wanted to or not ',
Q. xou did not tell him what you had ,
done or said or testified to In Portland, t
did you? i
-v i ciu not ten nun. no. sir. I tokl ,
him stme things. i
VI. Aitnough he requested information? i
A. Yes. sir. j
Q. Didn't vou teH Senator MitcheH. t
after you returned to Washington, that )
ine uovernment aetecttves nad met you ;
at Tho Dalles, and compelled you to give
up mat ieuerT
A. I told Senator Mitchell this:
Q. Didn't you tell him that?
A. I did not.
Q. In substance, what did you tell
A. I told Mm this: There were news
paper articles to that very effect, and he
asked me that question. I told Mm that
they had sent an officer of the Govern
ment to meet me; I also told Mm that
I was escorted to the grand Jury room:
and I also told Mm the letter was taken
away from me In the grand jury room,
which were the facts. He could draw Ms
Q. Then you Intended to convey te Mm
the understanding that the officers of the
Government did meet you at The Dalles
and took charge of you and compelled you
to produce that letter?
A. No. sir.
Q. That was your statement?
A. No. sir; I let him draw his own In
ference. Q. You told him they sent an officer to
The Dalles to meet you?
A. I did not tell him an officer met me;
I told him they sent one.
Q. Sent one to meet you?
Q. And that when you gat to Portland
the officer took you to the grand Jury
A. I told htm I was escorted.
Q. Were you?
A- I was. yes. sir.
Q. Where from?
A. From the Portland Hotel for the
next examination. Just as Mr. Heney
Q. But you went te the District Attor
ney's office without an escort?
A. Yes. I did rHe first time.
Q. Do you know Mr. T. O. Abbott?
A. I know Mr. Abbott, yes.
Q. A lawyer In the Alaska, building at
A. Y'es. sir.
V. - j i have a conversation wKh
Mm at his office early in April. 1305?
a. i aia. sir.
O. Was tout conversation of thi cea.
eral substance and effect: After greeting
eacn otner. tne conversation turned on
was Indicted and convicted, it would not
make Mm believe that Mitchell was
guilty of any Intentional wrongdoing, as
he knew him too long and too welt!
A. 1 doa't remember whether he mode
that statement or not; perhaps he did.
W. xou uon t Know whether he dht or
A. No; he may have.
Q. Didn't you. in reply to that, state
In substance and effect that you felt the
same way and wMle there were some
things which might have a bad look to
people who did not know the real facts,
you were entirely satisfied that the Sena
tor had never knowingly or lntentiouelly
been guilty of any dishonest or unlawful
A. No. sir; I never made that state
Q. You did not make that statement to
A. No. sir.
Q. You are positive about that?
A. I am positive I did not make any
such statement as that.
O. You would remember It if you had
A. I remember I had a conversation,
but I did not make that statement.
Q. You would remember it If you had
A. Yes. sir.
Q. You cannot be mistaken?
A. No. sir.
Q. Then. If Mr. Abbott testifies you so
said, he will be telling what Is not tree?
A. Tes. sir: or mistaken. I would not
want to call him a liar.
Q. Did not Abbott Immediately and
partly respond by saying In substance and
effect to you that your statement gave
him great satisfaction, or that it gave
him great satisfaction at bearing you
make the statement, as it came officially
and from one who ought to know aM the
facts, and. more especially, because you
had' been discharged from Mitchell's ser
vice? A. I don't remember whether he made
that statement or not.
Q. Do you know whether he dM or
A. No. sir; I don't
Q. You don't remember? ?
A. I don't remember that: no. sir. I
remember I had a conversation with Mr.
Q. Didn't you at the same time and
?lace. thereupon reiterate the statement
have just asked you about, and say
to Mr. Abbott that you would not allow
your discharge to Influence you to de the
Senator a wrong, and besides, that tbe
Senator would not have discharged you
If he had known the real facts?
A. I presume I did; I made that state
ment to a good many people. I believe.
Q. Tou presume you made that state
ment? A. Yes. sir; I have frequently made
the statement to people, that I would not
allow the fact of my discharge te la
fluencw my testimony.
Q. When Senator Mitchell In Washing
ton, after your return, asked you for a
statement of what took place here at
Portland, did he not say to you in sub
stance and effect that the newspapers
were full of reports, a ad especially one.
that the agents of the Government bad
met you en route and had secured thte
letter from you. and that the statement
he wanted wan as to that matter, and that
be did not want any statement from you
as to what you had testified to before the
grand Jury? .
A. This Is the statement he made,
Q. Didn't he say that In substance?
A. No, sir; net at first; he did after
Q. He did after a while?
A. When he saw be coukl not get the
Q. And you would net give that state
ment? A. I would net give the other state
ment, because I would not break my
oath and I told him so plainly. vhy 1
would not do It.
Q. In this Interview with Mr. Abbott
In Seattle. I have referred you te. waa
there anybody else present?
A. Not that I recollect. I don't know
whether there was or not.
Mr. Thurston: That is all.
By Mr Heney:
Q. What was the statement that the
defendant. Mitchell, asked you for ia
3IltchelI Asked for Statement.
A. "That was on Sunday before I left
there. I had finished copying one of
these indictments, and went up to his
house to give it to Mm. He had some
newspaper article. Mr. Bierbower was
present at the time. When I went In. be
seemed to be somewhat in a rage at me,
and in a rather indignant manner laid
out the newspaper article In front of
me and asked me what I bad to say to
it. I told him I had nothing further to
say to It; that I waa not responsible for
what the newspapers might .see fit to
report He then demanded of me that I
make him a typewritten statement as to
all people I bad seen from the time I
arrived In Oregon until I returned to
Washington, and my conversations with
them. 1 told hbn I could not make- sash
a statement as that: and he wanted to
knor why. I tokl Mm It would zetme
into trouble. He said he could not sea
how it would, get me into trouble. X
told him that he knew what my oath
was before the grand Jury, and that I
could not make a statement about that
matter. I told hint it would Involve
breach of my oath. He told me that he
did not believe that I took anv such oath,
he said they had not mads him taka
any sach oath. I Insisted that I would
not break my oath in that regard. He
then modified his demand, and demanded
that I make a statement of every one of
the conversations and whom I had seen all
the time. with, the exception of Just
while I was in the grand Jury room. He
asked me if I could make that statement.
I told him I could, but I did not do so.
Q. Did you decltne to do so?
A. I did not do It. I have not spoken
to the Senator since; w have not had
any conversation. I thought they were
dobs It for the eTident purpose of try-
lng to make me break my oath, and I
would not do it.
Q. Who was the Williamson that you
mentioned that Senator Mitchell wanted
you to meet with him?
A. That was J. X. WIHiamson. member
Q- Had he been indicted at that time.
do you know?
A. He had.
Q. Why did you remain In Senator
amcneua employ alter you get cacx. to
objected to as earnng tor the mentat
operation of the witness mind and not
fr anv fact. Obiection sustained.
Q I hand you Government's Exhibit
i. is tnat tne agreement u wnicn you
referred in your testimony as having
been made out about the time that Sen
ator Mitchell looked at the books in
October. 1504? When he called for them
four or five timeo?
A. Yes. sir: that is the supplemental
agreement that was made at that time.
Q. What representative of the Govern
ment went with you from Portland East
after you had testified before the grand
A. Mr. Heney. Mr. Bums and Mr.
Rlttenhouse. I believe they were on the
Q. Burns Is a Secret Service man?
A. Yes sir.
Q. I believe you are an attorney and
counselor at law. Mr. Robertson?
A. I have been admitted to the bar.
Q. Did you return to Washington aa
see as you got through here at the
A. I returned immediately after my dis
charge. I was discharged Monday after
noon and I went and immediately settled
up with the Marshal, went down and
secured a berth and my ticket and went
back on the morning train.
Q. DW the going of these other par
ttas have anytMng to do with your go
lug? A. No. sir. In fact. I did not know
they were golBg the next morning. It
you will take the trouble to look at the
newspapers you will find a statement to
tbe effect that the grand Jury expected
to hold over that day even. I went as
quickly as I could get back.
Mr. Thurston: I want to ask about a
matter I negieeted to ask before.
Q. When was it. If you know, that
the books. oaDers and corresDondence or
! Mitchell & tanner's office were taken In
( charge by the special agents of the United
a- snins it was on jtonuay. me xuia.
ere out hero
' before the grand Jury?
! A. Yes. sir.
Q- Did you assist in that matter?
I A- I wm in the office talking to Judge
Tanner when Mr. Burns came In with,
i be subpena. Mr. Burns demanded cer-
I ww laings
Q. Hadn't you had any anranxecasst.
with Burns or other detectives' "offfth
A. No. sir.
Q. That you would be there? -rt.
A. I did MU no, sir. I went tlwre pf
my own uecount te see Judge Tuitr
Q. That Is the only way you. hwg aujsl
to be there?
A. That kt aM.
Q. You had nothing te do with that
matter of the seizure of these books and
papers by the officers of the 'Govern
ment? A. It had nothing whatever to do with,
that, any more thaa I happened to bo
there at that time.
Government Rests Its- Case.
A. H. Tanner was recalled en the part
of the Government, and identified the
telegram Introduced by the witness Al
land. as one he had sent to the defend
ant, and that the agreement referred to
1r the telegram was the substitute pre
pared in December last. He testified that
he sent the telegram because he had
been recalled before the grand Jury and
informed that his testimony regarding;
said agreement was doubted.
He further testified that he had exam
ined a larse number of copies of the let
ters he had written to the defendant, with
a view to ascertaining how many were
on the subject of land matters, and that
he bad found 30 or 31 letters relating- to
pension matters and claims of one Kind
and another in tbe department: and that
during the four years the defendant was
Senator the lost time, he bad found only
three letters relating to land matters.
On cross-examination he testified that
in all these instances no fee had been
charged by Mmself, nor. so far as he;
knew, by Senator Mitchell but that they
had all had prompt attention en the part
of Senator Mitchell.
Whereupon the Government rested its
DEFENSE OFFERS TESTIMONY
Many Witnesses Tell or Senator's
Services AYlthont Fees.
The first witness ealled for the defense
was T. O. Abbott, of Seattle, who testified
that the conversation about which Harry
Robertson was asiced on his crossrexami
nation took place as detailed in the ques
tions propounded to Robertson.
He further testified that he had known
Senator Mitchell, and that he had bad
some communication with him while ha
was Senator regarding a matter pending
ia the department at Washington. Involv
ing a claim of about $25.Ct. and that Sen
ator Mitchell's active assistance helped
Mm to succeed in securing its adjust
ment. Oa cross-examination he testified that
the claim grew out of a breach of con
tract where the Government had rented
a building owned by Mm en a flvt years'
lease far postoffice purposes In Tacoma.
J. C. Fullerton. attorney-at-law. Rose
burg. Or., was sworn on behalf of th
defendant and testified that he had known
Senator Mitchell over 20 years; that ho
bad had correspondence with him in
March. 1202. In reference to some claims
In the Indian Depredatloa Department, in
wMch he had told him that there would,
be a fee in it for blm. and that the Sena
tor bad written him declining: to accept
any compensation, and tbe correspond
ence relating thereto was Introduced.
A. B. StUlman. attorney-at-law. of Pen
dleton. Or., was also sworn and testified
along similar lines.
W. H. Odell. clerk of the State Land
Board, in 1385. testified to a matter pend
ing before the Land Department, in which
Senator Mitchell's services were reiet
ed and compensation offered, which the
William D. Wheelwright, of Portland,
president of the Chamber of Commerce,
testified to services rendered by Senator
Mitchell, in connection with a cJata for
freight for the transportation of cargoes
to Manila, and that he had proposed to
Senator Mitchell that he would pay him
for his services. wMch the Senator re
fused to consider, stating that his serv
ices were at his disposal without aay
Theodore B. Wilcox, of Portland, also
testified in regard to services rendered
him by Senator Mitchell In tho matter oZ
the seizure by RuaMa. of the Arabia and.
the Calchos. and that he had proposed to.
pay the Senator for his services, which,
offer Senator Mitchell absolutely declined?,
J. A. S laden, clerk of the Usited State3
Court, testified regarding a matter before
the Controller of the Treasury, in which,
he was trying- to get a decision, and that
be sought Senator Mltehell's advice and
assistance concerning it. and offered t-
employ him as an attorney and pay bias,
for his services, which the defendant de
clined. Whereupon the court adjourned until 19
o'clock A. M.. June 27.