10
TJbLE aiOitaipiG- OREGOXIAX, TTEDXESDAY, JUNE 2St 190q.
DISTRICT ATTORNEY MAKES HIS OPENING ADDRESS TO THE JURY
(Continued From T"2rt Page.)
Inlet Field Company, and that matter
-was ruled out of evidence; we were not
permitted to po Into that. So that, as to
each and evjry matter which I an
nounced In that opening statement the
Government would attempt to prove, we
oelleve that we have proven beyond any
reasonable doubt.
Line of Defense.
Now, what was promised you on the
part of the defendant? They made many
promises. Have they carried out a sin
gle one of them? As you listened to the
opening statement of the attorney for the
defense, you might have believed that this
Srosecution is the result purely of vln-.
lctlveness and bitterness upon the part
of the prosecuting officer. If you think
that you have seen any evidence ln-the
trial of this case, of any such feeling, of
any such motive in this prosecution. I am
glad to have you take that into considera
tion in reaching a verdict. If. on the oth
er hand, you have reached the conclusion,
after we have been working together for
seven or eight days now, wnere you have
had an opportunity to observe closely
what may be the purpose and motive of
the prosecuting officer, that I have been
actuated only by a desire to do what I
consider to be my duty, and an unpleas
ant one at that, in this case. I shall ex
pect you to discard from consideration all
Insinuations in regard to the purpose of
this prosecution, and to consider this evi
dence just as you would consider it in
any other case that might be brought be
fore you.
Now, their what is the evidence upon
which the Government relies? It is ad
mitted particularly, it is not disputed, it
was not disputed in the opening state
ment of counsel for the defense, that the
Arm of Mitchell & Tanner was employed
by Frederick A. Krlbs. That a payment
of fSOO at one time, in October. 1501. was
made to the Arm of Mitchell & Tanner.
That that money went into the firm's
credit In the bank. That at the beginning
of the next month it was divided and
that John H. Mitchell got his share there
of It is admitted, because there is no
evidence to the contrary, that on the 13th
of February. 1902. as alleged In the Indict
ment, the sum of $1000 was paid by Ficd
erick A. Krlbs to the firm of Mitchell &
Tanner for the services that had been
performed in the matter of the agreement
for expediting about 40 timber claims and
that that money went into the credit of
Mitchell & Tanner, and that on the first
of the succeeding month. John H. Mitch
ell received his share thereof. It is ad-,
roltted. because not disputed by any evi
dence, that the 13th of February. U02. a
payment of upon a new agreement,
relating to 30 additional claims, was made
to the Arm of Mitchell & Tanner. That
that went into the Merchants' National
Bank, to the credit of the firm of Mitchell
& Tanner. And that, on the second or
third of the succeeding month, of the fol
lowing month, that monev was divided,
and that John H. Mitchell got his half
thereof.
Payment Was Mndc.
It Is evident, because not disputed, that
in October of 1904 a further payment of
3200 was made by Frederick A. Krlbs to
the firm of Mitchell & Tanner by check:
that that money went Into the Merchants
National Bank to the credit of that firm,
end that the first of the following month,
the second of thc following month, that
money was divided and John H. Mitchell,
the defendant In this case, got his share
thereof.
Then what is there left to prove in this
case before you must find this defendant
guilty? Nothing whatever, save the fact
that John H. Mitchell had knowledge that
he was receiving moneys for those serv
ices If we can bring home to you the
fact that he had knowledge if we can
show by circumstantial evidence that
John H. Mitchell must have known at the
time ho took any one of these fees, or his
"half thereof if we can show that at the
lime he accepted his half of any one of
these fees, John H. Mitchell, as a reason
able man. must have had knowledge of
xiie fact that fees were coming from that
Eource, then there Is nothing left for you
gentlpmen to do except to find him guilty.
The duty which you have to perform In
this case is a very simple one. You nave
nothing whatever to do with the question
of punishment that shall be inflicted. You
have so little to do with that. that, as
yoj noticed when I took objection to a
statement that was made by Mr. Bennett
to you that the defendant must be impris
oned and said that I did not think it was
the law. His Honor stated it was wholly
Immaterial because the matter rested with
the court. "What you have to do is to say
from this evidence whether or not you
believe, beyond a reasonable doubt, that
what is alleged in the Indictment has been
fsroven. Your verdict in effect, therefore,
s proven or not proven, and if you can
hot. In your conscience, say this has not
been proven beyond a reasonable doubt,
you have but one thing to do in the per
formance of your duty as citizens, and
that Is to render a verdict of guilty in
accordance with this evidence. Now let
us examine this evidence, therefore, for
the purpose of determining that one sole
question.
Did Mitchell Know?
Did John H. Mitchell have knowledge at
the time that he accepted any one of these
payments any one? Because If you find
that, in your opinion, it has not been
shown beyond a reasonable "doubt that he
did not have knowledge at the time the
first payment -was accepted by him, but
If you find that he did have knowledge at
the time that the last payment In Octo
ber 1904. was accepted by him. then upon
that count In the indictment you must
find him guilty. Now. let's see whether
he had knowledge or not. In March. 1901.
this defendant was sworn in as United
States Senator. He left here early In
March. 1901. "We have no evidence here
with which we are concerned until Octo
ber 1901, that of Benson, that of letter
about John A. Benson. Let's see what
will be chilmed on the part of the attor
neys for the defendant In this case with
regard to knowledge. What is the theory
of this defense? The theory pf this de
fense Is that John H. Mitchell entered
into a law partnership with Tannor. They
had an agreement by which all fees re
ceived by the firm were to be divided
equally; with the exception that for all
services that might be performed by
Mitchell before any of the departments
in "Washington. Mitchell was to have the
whole of them. Tanner explains to you
that he understood by that clause in the
agreement that that meant any and all
business that originated In Washington;
that Mitchell initiated by securing the
client himself in Washington, either by
the party writing direct to Mitchell from
here, or by the party going to Mitchell
there. That as to all such business Mitch
ell was to keep the whole of the fee. That
as to all other business, the fees were to
be equally divided.
Theory of Defense.
Now, the theory of the' defense is. I take
!t from the opening statement of their
counsel, that everything entered Into that
agreement. Mitchell said to Tannor. -I
will aid you all that I can in "Washington,
in any and all matters; I will aid vou
Just the same there as I would any other
person who asked me, and not otherwise,
if you get any business I will aid you
to carry out that business." That, havtac
made that statement; that having warned
ivuiner not to mix nun up in any Land
Department business. Mitchell Immediate
ly closed his eyes from that time on to
what Tanner was doing and treated every
letter that came from Tanner as being
Tanner's personal business as being a
matter which Tanner had no Idea, or in
tention of including in the firm's business,
or cf giving him any share of the pro
ceeds of. That he did this and that it Is
excusable, or rather that we have failed
to make out a case because he was a busy
man , because he was in bad health In ad
dition to being a busy man. and because
he is a man somewhat advanced In years.
Now, that is the beginning and that is
the end of the theory of the defense. Our
answer to that Is that our theory of this
case Is that Jphn H. Mitchell entered intp
that contract with Tanner in March. 1901.
with his eyes wide open. That he knew
that the laws of this country, which he
had helped to make, made it a criminal
effense for him to accept any fee for work
done by his partner. Tanner, before any
department, as well as for work done by
Mmself before any department. That John
H. Mitchell was not reckless to the extent
that he was desperate; that In order to
get money he w.ould openly and avowedly
accept a fee for services to be performed
by himself before the department. No.
"Whenever any cltiren addressed him by
letter and offered to pay him a fee; when
ever the attempt to employ Mitchell, to
secure his services, was made direct,
wherojtfcerc would be no escape from con
viction. John H Mitchell Vas not ready
to -violate the law; and few embezzlers,
few petty larceny thieves, few men who
desire to commit any crime, are ready to
do that. The thief who goes into one of
these department stores and purloins
something from the counter, doesn't steal
w I'M3 JiM&s
in eery -store that he eaters. He con
siders the doctrine of chances. The thief
rho steals one of your calves doesn't steal
every calf that he gets an opportunity to
put his.JiandK upon; nor he who steals
your horse. Why. those of you who have
been ranching and who have had cattle or
horses running upon toe range, know that
a man who Is under suspicion even, in
your neighborhood, comes to you once in
a while, and In-order to make good, says
to yon. "Why. 1 saw one of your horses
way up over here on such a part of the
ranch. and a month later, perhaps, an
other one of your horses is stolen, and he
hopes that by reason of the fact that he
has shown what a desire he has not to
steal by having told you about a horse
that he might have taken he isn't the man
who did It. An Irishman said, when he
had been convicted of an offense and two
witnesses testined that they had seen him
in lip thl article which he was charred
with stealing, and try Judge asKea mm.
",m-
there being no other witnesses in tne c)
asked him it he had anything to say
to why sentence shouldn't be Imposed. alrRnAn, ailir5w inUv 1 90 U WVUcd with political assistance
He safd. "Wny, yes. Your Honor, there gg1 fiitYoniemL toW hlnwhat I io el an advantage over every poor man
TL-rA ni. m rn on iostined that thev !"?.rWIl f,,l conscience umu iiua wnat h , ., .isr ntn an.! Ti-Kn
n'rA rttnv tti-n men iesnnea mm mo
saw me take it. and I could have brought
a hundred men here who could have sworn
that no one of thorn saw me take it
Inimntcrlnl Testimony.
We have had some such testimony as
that In this caBe. It was immaterial and
Incompetent, but I refused to object to
aids this defendant any. give mm
ill
tho hAnnfit that vou can from it. I
am
willing mat ne snoma nave iu u
when the t resident oi tae
Trade of Portland applied to Mitchell
to perform some service for him. and
did It by letter direct to him. aad then
offered by a letter to pay him for It.
Mitchell declined it. and you think this
a fact which tends to prove that he
did not take this money why. give s It
?.UES. Yffi?hl.?- 5L"!!S i-rriL50
State- iTnd 5 Cirjblle record
of the fact that It was ottering to pay
Mitchell, the United States Senator from
the State of 'Oregon, to periorm services
In the matter of public school lands
of vour own state, a miserable paltry
fee of 5250.00. that he declined to accept
It and said that he never had accepted
a dollar In his life for performing any
service for anybody; If you think that
this evidence that Mitchell aid not, ui
this case, accept tins monej,
It such wclEht as yon thin
titled to. And so. I might
balance of the lists of six or
balance of the lists of six or seven, ana ra w sm v mis wiim muwi racn -ur3tn(v .u,, tne -elections are bona fide so recently, aon t you tninic mat ne aup
I might point to th then and there that Krlbs had
1 . " v,.. I n-hero hp -trajj mmnr n! tn foil Tho -hn i selections ana max tne matter is I ventre i- ! . ,-,., .v.. , -TltoKi1l Tnnr
of the court was called by counsel for
the defense this morning when putting
nn Vile nnn Trltnoss thnt It was the RimO
line of testimony; was it in the hope t tempt to favor Mitchell. When It came to
that the court would rule it out as lmma- ; all matters where It was a matter of rec
terial and Incompetent of Its own mo- ; ord. and could not be disputed, he did not
tion. and that counsel could then claim attempt to favor Mitchell. But as to all
that it had a hundred more outside here
waiting; was that the reason that he
did not know, when I asked him now
many more witnesses there were of the
same kind, how many more he had? And
one more witness was called and wasn't
present and no more wore produced, and
the case was closed.
What was that evidence put In here
for? To have something a peg to hang
a hat upon.
Theory of Govcrnnicnt.
Vmi- 1 At m twoeeed to our
proceed to our theory of
this case. We say that John H. Mitchell
entered Into partnership with full knowl
edge of what the law was on the sub
iert We sav that John H. Mitchell was
1 nn. nrwnnrtfWY Tffc nniniV HURIP TUC 1HU i
we say tnat Jonn n. Atucneii. as snown
by this evidence, was glad to accept the
opportunity to receive moneys in a way
In which he had hoped, that if anything
ever came of it he could escape punish
ment under that statute. We say that,
under this evidence, he did receive In,
that way the firm received J5O0O. about
tWtt in round numbers, as shown by
! the testimony in tills case.
Now. we say that Tanner started in
1 - . .if ;v ..iJ
lR, 2Cf?f2?iiJfie MiT.dTfnt
business for the firm of Mitchell & Tan-
ntuMlSMlVLlM OHt ma,', ot despondence re
rfchtor "LlbeheU fia f Vnio tbitrork! . ,al,n5 to Land Office business, which we
and that it was all rfcht for Mitcheli n a wwk Pulng before this
rJLllw! share of ke fees and J"T: out of all the letters that were taken
that"the flret'eaftha0 came 'into fhU ! ffj" Lth. "'""'ILlLL
! office that Tanner accepted, he wrote
!D Trir.t imreniou letter tn Mitchell: he
wrote a letter that, upon the face of
It.
tf Mltoholl undertonlc th urvle
TannVr succested he should cam' u out.
I Mitchell would have recorded his own
cullt in a way that it could never he i. umhhtib. ri, ui nuc i n - . . ""'-'-.".t;
undone But Mitchell, when he received Involve very small amounts some of them that the defendant never did represent
that letter saw that It was necessary i sl or seven dollars a month. They are that the firm was Interested In any of
to caution Tanner. He wasn't unwilling usually sent over to the department by these matters. He was careful not to rep
to receive the fees, hut he was unwilling , Senators with a mere note on them- There 1 resent It himself; and from the time he
to have hl name appear In the matter. : 1 no evidence here that that Is not the reached here, two weeks after this letter.
He was perfectlr wllHng that the firm way that that was done In every one of I he was careful to Insist to Tanner. "IT
of Mitchell & Tanner should be em- these Instances. And how many of those . you want to say anything to me about
ployed bv John A. Benson; he was per- I are mere ounng , penoa ot tour years?
fectly willing that the firm -of Mitchell & ! About 30 letters: outside of these three
Tanner should be paid the J1500 by John ' letters on Land Office business, there are
A. Benson: but he knew that It was a about 30. all told. In four years, that he
criminal offense for him to take any part . received from Tanner. Aad as to every
of that money, and he dlda't want any- i other letter of this great mass of corre
thlng to pass from Taaner to him, or ' spondence. every one of them related to
from Tanner into any part of the depart- i a matter In which the firm of Mitchell &
ments. that would call attention to the j Tanner was to have a fee for the serrice
fact that he, Mitchell, waa interested in t that was to be performed there,
those fess. or was going to get any part I Now. see how he started, on October I.
SENATOR MITCHELL AND OTHERS, SKETCHED BY HARRY MURPHY AS THEY LISTENED
TO DISTRICT ATTORNEY HENEY'S ARGUMENT
"0 ttSNVf'b
of' them, for fear that he might be prose
cuted. Now. let me take you with me to
the evidence on this proporitlou, to show
you
first.
now pia 2i it 1h; ana let me say.
mat as soon as MHeheil round how
incautious- Tanner was. he commenced to
cauikm Tanner, and Tanner then tried
to be careful, but it took about two
years of education to get him careful.
Tanner would constantly say in his let
ters. "We are to get a fee," "our
fee in this ca?e." He only gradually was
educated up to the point where he would
always iy "I" and "my fee." so that,
if the letters fell into the hand of the
Government officers and a prosecution
was commenced, there was nothing In
writing. In thoc letter? that would con
demn or convict Mitchell. Cautioned?
Yes; and as- all men do when they commit
crimes. Mitchell overlooked the necessity
of keening those things out or the books.
That was- an overslcht that was an over-
, eight which was called to his mind the
' mmnf tfaU T, V.VS .h.t
regard to KrlbT before there l Inv
XwSSSr niroor la i rannl to Krib at
'all. when the attempt to Indict Mitchell
l seemed to be confined to another matter
entirely, the firs words out of Mitchell's
the train there
re In answer to his tele-
What Is Krib-i going to do
gram, were
ntri in tho hrtaVnT Tho -..iit. .win.
science and "the guilty nee when no
man pursueth" that guilty conscience
said to him. "I have been taking fees all
' Ume In tHls matter-what 19 the
record on itr
!
; The First letter.
Now. let us see If that Is sot the correct
theory of this case. The first letter on
this subject of work to be done In a de-
V ir'KZV1!
ter and first let me dispose of this Idea
that Tanner was writing to Mitchell hun
dreds of letters In regard to Land Office
business. The words were put Into Tan
ner's mouth by the attorney for the de
fendant, "You . wrote several hundred
letters, did 3ou not. to Mitchell In
regard to the Land Office business?"
and Tanner said "Yes. Tanner loves
tnis partner or la years He was
what there Is left of It yeu he didn't at-
i matters where he could strain a point,
, and express his opinion or bis belie!, and
he could help Mitchell out. he la Just as
ready to helo Mitchell out todav fas he
was on the day when he consented to
commit perjury and to have his son a
young man just entering into manhood
commit perjury, to save that dear old
f partner; Just as ready yet. And in welgh
ng his evidence in regard to these things,
you are bound to consider that; and when
you find that that evidence, or the con-
! structlon that he wants to place upon it.
whlch passed between the tvirtles. vou
are bound to conclude that the writing
is the sarest and most reliable evidence.
Was Land Business.
xoa-. what did he do In the first letter?
( ne rote hjm on October 4. 1901. in regard
to Benson. Now, this was the first land
business. And as I said in recard to those
letters when I produced the letters here
all the letters, he stated, had been turhed
over to us practically all when I pro
duced them here and bad him go through
them, how many letters had he written
on Land Office business? Which might
, lead me aeicaoani in ims case to tmnK
that perhaps these letters were about
, Zmc there no fef- n,r
lead the deiendant in tnis case to minic
i SiSiJmt. n t n'
Practically he had written to the Sen-
! ator three. Instead of three hundred.
I i-nmu t- 111-11 ouu. v rau ccoau
hundred letters, the desire sUIl to help
I Mitchell as far as Is in his power? But
had written mm aoout omer matters 7
WKbVJtAUT
"Honorable John H. Mitchell. United
States Senate. Washington. D. C Dear
Senator; I inclose you herewith a letter
from John A. Benson, also a slip from
him making some suggestions as to the
f approval of certain forest reserve selee-
Hons of land In the Vancouver land dis
trict. State of Washington. Also a letter
from James E. Page. On receipt of these
letters I wired you October 3 as follows:
'See Hermann and urge speedy approval
of forest reserve scrip selections, list to
be sent him. or can you wait there for
letter mailed today. Important. An
swer. " Evidently Mitchell was about to
come home. Congress had evidently ad
journed, and on October 3 Tanner wires
Mitchell. "Walt there for important let
ter." Now. what had happened? Benson
had come In and employed whom? Era
ployed the firm. What did he want? He
wanted Senator Mitchell's Influence with
BInger Hermann, the Commissioner of
I the General Ind Office, to expedite, to
1 lwtlon-bv having his taken up out of
i order- lh5s ,onS of lands taken up out
i J order to pass to patent at once, tnereoy
delaying, by Just that much, each indl-
j ldual 4tlz?n wno had something at stake
i ?an- e suggestion is made that the
! Senator represent that he Is representing
reive the commissioner, wno comes irora
Oregon, by malting mm imnit mat ne u
doing Kometuinc for some of his own con
stituentsstart out with deception on the
very first piece of business that goes to
Mitchell from this firm after he li elected
Senator: start out with deception, and
make the Commissioner of the General
Land Oflicc believe that It Is Oregon peo
ple who are Interested.
"Not Kccelvcd In Time."
"Your dispatch In answer to mine was
not received In time to mail the letter on
the 3d. and I consequently wired you
again today that the letter would be
mailed on the th. and asking you to wait
If possible. Under the terms of these
letters, ae you will see. If we can get
action upon this list" you see. he hadn't
been educated to be cautious yet; thl Is
the first business "If we can get action
... ... i . . . ...J i .
JL ""Hf v'r3 h'.' i5
t rr. y.rr :r
pronaoiy ao more wnue personally mere
In W.lnrtnii hnn -a mnM An frnm
Incton
... . . n . w.. wv -
here by letter." Ob, ou can say a great.
many things with the tongue tnat it
doesn't do to say by letter. In matters
where you are dealing with fraud or crime
It Is always dangerous to put things In a
letter. They can be denied or forgotten
when it Is by the tongue. And I will show
you presently that the defendant in this
case. In this same month of this letter,
adopts that theory, and he writes the
first letter himself from there, and he
says to Hermann. "I will sec you per
sonally about this when I get there." The
relations between him and Hermann we
can Imagine, must be close, or have been
clpse. representing, as they did. the same
state. "I thought that you could prob
ably do more while personally there In
Washington than we could do from here
by letter, and consequently I was anx
ious to have you present the matter to
the Commissioner before leaving Wash
ington, in order to save as much time as
possible. I am Informed that these lands
are sold, or will be sold, as soon as the
selections are approved for patent, and
that as soon as that Is done we arc to
have our money." Hurry thenv up, be
cause as soon as they are approved for
patent, "we are to have our money." This
was before he was educated up to be
cautious. Now. mark you. even Tanner
had some Idea that that wasn't Just right,
because he says. "If you have any deli
cacy on account of your position as Sena,
tor. In asking the "Honorable Commis
sioner to take speedy action upon these
selections. It occurs to me that you might
suggest that the firm out here are in
terested In behalf of some Oregon cli
ents." Tanner knew no better. He didn't
know that It wouldn't do for Mitchell to
suggest to the Commissioner of the Land
Office that the nrm or jutcneii & Tanner
i were Interested for Oregon clients or any
; pmer ciicnuj. una jou can rest assurea
arate letter; bqt everything that you write
me that Is to go Into the department, bear
In mind that my name Is to be kept out of
It." And that I what Tanner meant
when be says that "Mitchell cautioned
me not to mix him up." Yes. he cautioned
him not to mix his name up in any mat
ter that was to golnto the department,
where It could be seen: but he didn't can
tion him not to give him any of the fees;
T
he didn't caution -m not to give him any
part of the $1500 that Benson was to pay:
he knew that Benson was to pay It to the
firm; he knew that Tanner supposed that
It was all right to have him pay it to the
firm. Tanner told him that It was firm
business told him to represent that It
was firm business told him that It was
"our fee and that "we" would get It as
soon as the patents were approved- Is
there a word of testimony out of Tanner
did the- ask Tanner whether Mitchell
had told Tanner not to give him any of
the fees? Oh yes. "He cautioned me not
to mix his name up. not to promise nis
personal services ror any agreement. .
made." but does he tell vou that he cau
tinned him not to cive him anv of the
mony that he knew was coming Into the
firm? Does he tell you that he ever
asked him? Not one word. Silence on
that subject was golden "It occurs to m
that you might suggest mat tne nrm out
here are Interested in behalf of some Ore
gon clients, and that It would be a favor
to tne nrm. as wen as yourseir personally,
to have the matter taken up and acted on
at one. These letters fullv exdaln them
selves, and I do not know of anything
else that I can sucKest In the matter. If
this reaches vou In time, please see Mr.
Hermann and do the needful as you may
be advised In the matter, and get mm to
take up these selections and act on them
as soon as possible. Please be careful to
preserve the' letters enclosed and return
them to me.
Mitchell Comes Home.
That was on October I. Now. on Octo
ber 1512 days later Mitchell is here
if It tooV flvi davs for the letter
fWnhor 4 tn rrnrh Washington, that would
be the 9th. and he left there a day or
two after getting this letter; so mar. a
day or two after reading this, be starts
hom. And when he reaches Portland.
with that fresh In his mind, they have
a talk, and he Is introduced to tnn
on that day. October 16; and he Is told
that Krfb has emnloved Tanner. Now.
how does he suppose Krlbs has employed
Tanner? With that letter In his mind,
having Just read It the day before he
started, and probably having It with him.
did he think that Krlbs had employed
Tanner personally? He Is told on the
16th by Krlbs. "I have left a list with
Tanner of some lands that I want to get
natents for." Three dars later ivrios leu
him In the office. "I have paid Tanner
J100O In this matter. Senator, and I want
to ret those Datents " What did Mitch
ell suppose Krlbs meant? With that letter
about Benson in nis possession, receiveu
so recently, don t you minic mat ne sup-
. nnninvni mc Iirm UL llltUCU AaiiUCTl
I And that 1? the language' that would
i nniinnriiv he used under the circum-
, " nrvn' f vim ,-mivMi. that he Vnesr
tan5. tOn I OU S jppOSe mat Oe HK1T
. , . . . , v. - mAonl
that that meant he had employed the
firm of Mitchell fe Tanner, and that the
J10CO was to be received Just exactly
as the JloCO of Benson money was to be
received? Now what happens? On that
16th day of October an enaar Is made In
the firm books: Frederick A. Krlbs to
fee for services In the matter of about
40 timber claim entries, and for procuring
aonroval of same, for patent, we are to
receive In cash J300 and VXO when patents
are Issued. JlWM- By cash credit
Made in the firm books of the defendant
on the first day that Mitchell Is In the
office after having received the Benson
letter, and Krlbs coming In there and
telllnff him that he had emnloved Tanner.
and telling him that he had a list of lands
that he wanted to xet patents for: and
three days later coming In and telling
him that he had paid Tanner TlOOu.
Mitchell remained here until November
9. and received his check on November
2 for the division or tne receipts or the
nrm business for that month. Now. then.
having received the Benson letter, having
hod Krlbs tell him that he bad paid Tan
ner S100O and what it was for. ha vln:
been told bv Tanner about the matter and
the employment by Kribs. and who
Kribs was and what Krlbs wanted, and
before receiving his check, a day or two
after Krlbs told him that he had paid
the J10CO. on October 22 Mitchell himself
writes this letter to BInger Hermann,
Commissioner or me uecerai usd umce.
Language of Letter.
Tt tic nntlra the lancuave of the let
ter. Tanner tells you he had explained
who Kribs was. and what the business
was. Kribs tells you that he had ex
plained It In the way he testified about.
.nott wnat cia jiitcneu say in mis let
ter to Hermann? "At the Instance o:
friend who are Interested. I desire to
be advised as to the present status of the
following timber entries, ail in the Hose
burg Land District. Oregon." Could any
thlntr be more Innocent? "At the In
tanre of friends wno are interested
as If this was a matter that he was
takine uo purely as a Senator. That
was the purpose of the letter that it
might be seen by anybody and not con
viet hlm "At the instance of friends.
Wbv not say at the Instance of a client
of Tanner, it it was manner's client?
Why not say at the instance of Frederick
A. Kribs. who Is a client of Tanner, ray
nnrtner? Why BO.Y at the Instance of
friends? So that It would not be a. crim
inating piece of evidence against hlawelf
ever, sianaing aione u sou ixxen
in coniunetion with the other evidence
it Is more criminating thaa If he had
said. At tl instance of a client of
Tanner, because If he had said. At toe
Instance of a cHent of Tanner." you
could draw the inference, that he liiicn
ell) was entirely Innocent tn this matter; (
that he didn't expect to shore In the i
prcceees; and tflry was no reason oa i
earth why fee couldn't tell the whole
i ruin, axil u ne was to get a part ana
share In this fee that vu to be raid.
then there was a reason for adopting
this language. "At the instance of
friends:" then there was a reason for
concealing the fact that It was a busi
ness matter. Now. what else? After
describing the lands about which he waats-
to know the statu, he says. "I hope you i tlcufctrly anxious for you to see Mr. Her
T? l have this as soon as eonven- I n-.aaa personally about it and us your
lent, and I will confer with you person- influence with him to order Datents is-
ally In regard tn the same when I reach
Washington."' This is all I dare say ea
paper, out when I get there I will ex
plain to you what a deen interest, as
anxious Interest. I hare in this matter
getting through, because there Is a good
sized fee In It for me.
Now. with that eatrv la tn hook with
that letter written, with th Benson
letter Just having been received, oa the
-a any or ovemoer only a week later
man mat letter, only a weeic alter Krtca
had told him that he tunl agreed to
Er-J"" lileCBee ? Wtt JO
felm TUMrtttillv . I.J...
check and takes it over and deposit.- It
t hi nim noronnr a uhtx-am ? th :
LRkuitaiu. a iu nc imtmars uic
5S JSS-.JW.yr the check
uca is in eviueace acre.
x-nnr .it tKi. n. v. . .,v. i
Ing him on the 9th day f October, we
will say, from the date of the telegram of
October 3. down to November 2. less than
one month's time- all to Jess than oae
month's time. He received the Benson
letter telling him that "we. the arm. are 1
to nave a tee or aitt tor eetag the idea-
tlcal kind or business that Is Involved la
th v-rih rntrri-- t rnn.. Hrht ham.. '
the Krlbs matter, he comes rixht hem
and within one week after he gets thl
letter, he has a check, because Tanner so
testifies, and he is told by Tanner who
Kribs Is. and therefore, if Krlbs is the
representative of a big syndicate, as was
indicated by the attorney tor the defend
ant himself In his opening statement, he
must have been told that fact. If that is
the fact, then he was giving his aid to
secure a large amount of timber, for
whom? For Orexon citizens, coor men?
No. For a representative ot outsiders
who were comintr here to secure your
large and valuable timber lands. "Your
own benator. ror a ree. is going to aid and
does aid In that, and takes the first step
In It within three days after be Is told &
the thousand-dollar fee by writing that
letter and hiding behind the assertion that
he has been requested by friends. Do
you believe It? Do you believe tnat he
had knowledge when ha took that check
on ovemoer z. mat a part or that money
was a part of the $S0i paid by Krlbs and
put jippn the books upon the day that
ne arriyea nerer is mere aaytatng m
the evidence In this case from which vou
can raise a doubt la your own minds that
the defendant knew that? Would you
esua-ie io aei in tne graver autura ot i tkm of the country, it Is very dUSaMt
your own upon such evidence as that, J ta move matters very speedily -o a coa
and take it for Rranted upon that evt- i L,.inr. u.nn v.-,. wn vn- nwvi W-
dence and unhesitatingly proceed upon It
upon Lie theory that John H. Mitchell
rll.l aw rr AfsmhAe Mill vhsti TftA
you hesitate? Tho books were right there
eight months. Had he no natural Intereit
In what kind of a business his partner
was doing? Did he look, into his books?
Walt. We have another fact which is of
Ill 1113 unit Kt . kirz imu ucTii awai BU. w
far greater slgnatcance. November Z he
took that check. November 9 he returns
to Washington. Now. what happens? On
May 27. 1)2. he writes Tanner. "Send me
a copy of our books." From what date?
A new set of books under the contract
was to be opened when he became Sena
tor. In March. 150L What date? Did he
want it from Jiarcn. tsoiT .no. smm
what date did he want It? He waated It
from the date where he had not examined
the books.
Asks for Copy of Books.
H lft hr nn Vnvmlr 9 un
"Send me a copy of our books from No
vember 1 to the first ot next month. Juno
1. Why limit it? Why dldn t he tell them
to go back into October? Because when
he took that check on November 2. he had
examined those books, he had goae
through everything; Item by Item, that
was In there from the time he left here
for Washington in March until he came
back here on the 16th day of October, the
day that was put in there. He had ex
amined those books Item by Item. He
wanted to se what Tanner was doing; he
wanted to see where the money was cem-
lnjr from. and. having examined them.
not only to October !. but down to No-
vemoer z. me date ot me division et tae
rwannhlnKrlo lo"
books. But what did he want aflr that?
He wanted a copy of the books that would
show rrom whom money was received,
how much was received from each per
son. He expressly states that He dees
not say simply. Send me a copy ot the
books, but "show me a copy of the books
which will show from whom the money
was received md for what the money
was received." Now. how did he come t
write thnt letter? Why. at the time he
wrote that letter. May 27. 1SC2. he had just
been receivinjr letter alter letter rrom
Tanner about the fees they were getting
and going to get. and he wanted to see
the books to see If Taaner was giving Mm
his share of It. What fees? Fees lit re
gard to lands.
Letters Are Discussed1.
Now. let us look at that a moment Let
us see what was happening along about
there. He wrote this letter May 27. 1S02.
In the first place. February S. VXC
Tanner had written to Mitchell a formal
letter to get the status of the list No. 2.
List No. 2 was one ot the Kribs lists of
tho first 40 claims. In that formal letter
be says not one word about Kribs; Kribs
name Is not mentioned, and this Is signifi
cant. 'February Sth. Would you kindly
call upon the Honorable Commissioner of
the General Land Office ror Information
as to the present status of the following
timber entries in the Koseourg land
office." And then he jtlves the list. He was
commencing to get educated; he was put
ting on a separate sneet ot paper new
something that could go Into the Land
Office: that would bear no earmarks of
Mitchell being Interested In lu Not only
that, but see what an innocent request
that Is. He does not ask Mitchell to expe
dite these claims. He says; "Would you
kindly call upon the Commissioner of the
General Land Office as to the present
status or tne claims. 1 wm snow you in
status 01 tac- ciauns. 1 ui snow you in
a moment that he knew all about the
. . . w . ji.i . .
suiiua ui uic CHiiuu. dc uiu out 'jni nay
such Information. Why was Tanner writ-
Ing a letter that bears deception upon Its
face when vou examine the letter- that
ceoSsSdTur Why w he deeelvK
so early In these proceedings? Because.
when Mitchell got bade here and found
out that he wis. getyng a share of the
Krlbs money., that he was to have his
share of the Benson money, he cautioned
him. as Tanner says, and there Is the re-
suit of the caution. He does not ask him
ta see that they are expedited, only get
the status. What does he say fat the let-
ter that went with It, the rider, the thing
that was not to go into the Land Office, the
thing thnt was meant for the eyes of Sea-
ator Mltch.lt alone? "Th enclosed letter
Is sent separate from this, so that you
may forward It to the Honorable Commls-
sioner ana get me intormation cesirea as 1
to the entries named. I will say to you.
however, that I know what the present
status Is." That Is all he had asked for.
Referred to Stratford.
The matter was referred to Judge Strat
ford, a special "agent, to investigate, and
he is new about ready to submit his re
port: bet I think It advisable for you to
call for this Information in order that you
may place yourself tn touch with him in
regard to these entries. Why? Special
agents are appointed some time through
the Influence of Senators. "Judge Strat
ford has taken the affidavits of all the
entryme n except one or two who could
not be found, showing the bona fides of
thler entries, and that they are bona, fide
residents, and will in nis report, as I un
derstand did he know? "recommend
that the entries be not canceled, and to be
passed for patent, unless the bare fact
that ttw- lands were deeded away at the
time or Immediately after making the
final proof should be accepted as prima
facie fraud m the entries. What I am
particularly anxious to have you do la the
matter. Is to see Mr. Hermann personally
In regard to these entries and use your
Influence with him to order patents issued
In these cases, as mere- is 00 good reason
why such action should not be taken."
The employment by Kribs was not for the
purpose of getting the" Influence of Senator
Mitchell. "What I am particularly
anxious for you to do In thix-matler
and I will show you In a moment that
Mitchell understood perfectly that this
was the matter about, which Kribs had
esaploycd him. because Kribs same Is not
mentioned In this letter, and Kribs cams
Is net mentioned ia this letter that is to b
filed ia the department, but the answer
ot Mitchell to' these letters shows that ha
knew It was Krlbs. and mentioned the
name of Krihs. shewing not only a per-
feet understanding on his part, but show
Ins talk with Tanner more extesstxe tha.
tne tauc tnat Tanner has testified about.
Now. outside of aay tetters (because therw
Is no tetter calling attention, to this. it
must have beea la a talk, and It must
have beea In the talk had here, and the
talk had here must have been about the
time of that payment, and nrlor to his
leaving hero ea November 9. "I am par-
sued." and then he- goes ea with the legal
argument. "I am not citing these; author
ities, dear Senator, to convince yau. but
so that you may have them is, hand with
which to meet the objections: ot the Hon
orable Commissioner it he should make
any along that line, to- passing these
lands for patent. The report of the spe
cial agent, as I hav already indicated,
will not present any fact Indicating fraud;
from his in. vast! Ration he was not able to
find anything indicating fraud, unless the
sufflrfent exlrfn?e fraud.
i m v . . .
.NT.T ,kJT nr ttl
these authorities . that the fact of tha
ItJTL3
.. r- - - . - - . .
seem to be nothing left but to order the.
pa?,V? iSL - a
ll.u,,?a5,3Ut ttJtZSS
'J .5f55af2ftSrf rSt
c the special agent rivei and pre-
. JT " , . f . , , k.L
Hh?n y 1 !2?J2f
".'jTc;, ,,t tJTnTtl VlT
f ""iJL SjnS"? tak?
the Honorable tetamlssloner t talce the
action we desire, aad that be wtK Insist
upoa the cancellation of the entries, we
wilt then iasist that he canaot da this ea
ex parte affidavits, but should order a
hearing In the local office, where both
skies can ba represented, and have testi
mony taken la support of the bona, fides
of tae entries, as well as against It.
Kribs Not 3Ientioned-
Now. In his answer. Kribs' name not
being mentioned la either one of these,
and that belag Ions after October. Ki,
when the first list, was given to him.
whea Mitchell wrote me letter, what was
Mitchell's reply No. he does net refer
to Krlbs: that is an overstatement; - he
dees not refer to Krlbs. Here is als reply.
February it: "I am Just in receipt at
yours of February S. Inclosing a separate
letter la regard to timber entries la Rese
burg land district. 1 will gtve this matter
! best! can to hasten action. I do set sup
m.e Stratford's report has arrived yet. I
vtHl f0noW tae matter up. however, and
r.vnnM n..tr.r
! possible. Owing to the great mass X
business In the department from all aeo-
! UfKed Ir moving as rapidly as he can la
all these matters. If the report should
I m
f or a hearts. Hastily and sincere!
JOHN H. MITCHELL.
Now. feliowlBg that on February M
iSes. the same day, MlicheH writes to
Hermann In regard to the Hst; he does
what he says he will do; he asks Her
mann to expedite them as speedily as
possible. "The enclosed letter from Taa
ner" that is the one that Is so innocent,
asking for their status "explains Itself.
I will be obliged if you can oblige me as
to the status ot the various timber entries
made la the Roseburg Land Office." And
then he says, and now starts the decep
tion again In the public record. "I have
had several letters from different persons
in regard to these matters, and I will bo
much gratified If they can be expedited
as speedily as possible to a final conclu
sion of these cases." What idea was that
meant to convey? There was- the letter
from Tanner: there was the knowledge ot
this list, evidently In the hands of one
person. Why was the letter filed as If
these claims belonged to different people
and different people were lno.ulting about
them and that he. as a Senator, was be
ing called upon by his constituents to- do
these things? "I have had several let
ters from different persons in. regard to
these matters.
'Was It From Kribs-?"
Was it from KrlbsT Why. there was
aa Implication here bv the cross-examination
of Kribs. that Krlbs lied when- he
said he wrote Mitchell about these hats
-7- tv. rmm K"rih- Then if It
J1 "fiffii
Mcly that it was constituents ana tnat ae
was performing a Senatorial duty mere
ly? if he was nonest In the matter, what
necessity was there for that subterfuge?"
"1 have written you before In regard
these matters, and If I remember rightly
my last information some months ago
was that tney had been referred to Mr.
Stafford, a special agent, to investigate."
That showed he knew what the list was.
"1 desire-to know If his report has ben
received My recollection is that there
are no adverse claims la any et these
claims, simply a question ot good faith.""
Following that, on February 13. KW2. Kribs
pays JS0O on a new deal, and oa me same
day Tanner writes to Mitchell and sends
bim another list ot lands. The Iettar to
which he sends It starts out by saying;
"I am anxious In the interest of a client
here to ascertain the present status of
the following timber entries In the Bese
burg land district. Would you kindly call
upon the Honorable Commissioner of the
Gneral Land Office for the Information
and forward the same to me when fur
nished?" That Is all; a very Innocent
letter on the face ot It; a matter which
me Senator would have a perfect right
to do. "Inquire for the status."" No
reason why he should not. whether a cli
ent of Tanner's or not. But now this
went with It. and this was meant for
Mitchell's eyes alone:
"Feb. 13. 1S02: Hon. John H. Mitchell,
I". S. Senate. Washington. T. C: Dear
Senator As I wrote you oa Feb. 3. I was
contemplating another retainer from Mr.
Kribs tn reference to another list of lands
than those about which I heretofore con
ferred with you and writtea you. and have
today concluded arrangement with him aa
to the additional list, which Is set out In
the letter herewith inclosed for you ta
send to Mr. Hermann, witn me reqiurat
for the information desired. In order that
vou may not get these various lists con-
1 : ' ,7, .CV t ? n; t t th
fused. I will s tate thatLIs t Not is me
1 nn ahnsit which vou wrote a tetter to me
i . , - , , , , ,, . . . - la
i Commissioner last Summer; Lla t :
( the one about which wrote JJg
, S- acd List 3 tne one referred, to in
?t "deSfe.SS
' 1 of the e". i1.1,'30; S
1 of these separate lists of to n.t!
' rnayhaw tteeb(oreoabMr
j conference you may have Bog
orable Commissioner In the cutter. In
regard to Llat the affidavits of a
number of the entxymen .have been taken
hy the "P ,3f b conef
aal to be taken, which will be done, z
presume, to Retime and torwarded. Ths
, lands m all three ot these Bscs are in tie
same, condition and involve ue sum
j Question. They a,,h!ftfS2tns
or contestof any kind. but yesUgatlons
I y Hono.ble Cemrn-s-
to my client were made on the same day
or very shortly after the entrymen. proved
up in order to satisfy himself. I pre
sume that there was no fraud or collusion
between them and Mr. Kribs. The affi
davits taken will show that there was no
such collusion, or fraud, but that he
bought the lands ia the due course ot bus
iness, after the parties had proved up. he
being engaged in acquiring large bodies
of land in Southern Oregon.
Having these three lists before you. you
can. make the same general statement to
the Honorable Commissioner as to all of
them and urged upon h!m the Injustice
that would result In the cancellation of
the entries and show him. on the authori
ties cited in my JeUer of February 3. that
the bare fact that the deeds, were made
on the day or shortly after that the en
trymen proved up. Is not sufficient to
Justify the cancellation of the entries.- We
want to bring to pressure all the Influence
we can get to prevent any such action,
and to get these lands passed far patent,
not only because It means J1C09 more of a
fee to me. but also because the entry
men, as well as Mr. Kribs. are all Oregon
people, and It would be an injustice- to- all
ot them, to hold up these entries or to re
fuse to pass them to patent.
If thera is any danger of a change in
the office of the Commissioner of the Gen
eral Land Offlee. we want, by all means,
to get these entries passed for patent be
fore Mr." Hermann goes out. We can. get
letter . from some friends pf Mr. Her
mann's around Roseburg to bim urglnff
him to allow these entries to pass Vy pat
ent and aseuriag him that there iEO
fraud or collusion In the aaatter. WcrsI