Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 28, 1905)
z THE MORXTSG OREGOXIAN, WEDNESDAY, JTJXE 28, 1905. 11 HENEY DWELLS UPON "EDUCATION OF TANNER" BY SENATOR MITCHELL " these be Droner. do vou think, or do mt good In the prcmlees? Or course if the form of this letter to ihe Honorable Commissioner herewith In closed should not conform to your ideas of jvhat It should be. you can write such a letter as you see fit. Refers to Retainer. Xow you see he Is prettv well educated, cr else it was a mere matter of referring; to the retainer. "I received a retainer." as a man might say to his partner, with the understanding always that the part ner itnows that the retainer Is for the firm, the same as all money that comes In- It may be either one or both reasons. bo far as that goes. Now. March 31. Tan ner again writes to Mitchell and aks that he have a personal conference with the Commissioner and Mitchell replies stating that he has not forgotten the Xribs matter and that he Is attending to it. This is on March 2. 1902. Now, all through the month of March, and Feb ruary and April, and up to May. we have one letter after another In regard to the Kribs matter and in regard to tne Benson matter, and in regard to Burke; and there is so much talk in these letters about fees coming in that we nnd that Mitchell wants to see about It; he doesn't want to write and ask wnether he is get ting any part of the fee or not. but ho wants to see whether he Is getting any part of the fee or not. He doesn't even want to put himself on paper In the power of his partner, by asking the question, or else he does not want to reflect on his partner by letting him know that he thinks he might not be giving him a part of It. But when all those letters come in through February, March. April and May. showing that these fees are being received, then it is, and then only, in the whole four years, that Mitchell writes and says. "Send me a copy of the books from the time that division was made. Just before 1 left. November 2," because from the first of November, he having seen the books, from that time forward, he does not care to see them again: but from that time down to the 3d of June, "send me a copy of the books showing from whom and for what the fees were received. Now. why was that? When he looks over them he could see whether the money which Tanner's letter told him was coming from Burke was in there, whether the money Tanner told him was coming from Benson was In there, whether the money which Tanner told him was com ing from Kribs was In there: and do any of you doubt that he saw it? Do any of you doubt that he looked for It? Can you, under those circumstances, doubt for one moment that when he received that copy of the books, with all those motives urg ing him to write for it and that is tne only time he wrote, when he was receiv ing these letters, when those fees were ah coming In tnat that Is what he wrote lor. and that when he got It, that he looked through It? Saw Books Himself. Now. every time after that, when he came out here he lookod through the books himself, every time, as 1 will show you presently: so that he always knew what was In them. Now, let us see. On March 28 Tanner states that Mr. Kribs suggests that he could get some influence to bear from Wisconsin. Minnesota, and perhaps from New York. In getting these things through. Did that tell Mitchell that Kribs. who was paying this thou sand dollars, thought he was getting the influence of Mitchell to got this through? "What better evidence do you want that Mitchell knew that Kribs believed that he was getting the Influence of Mitchell for the money he was paying. Tanner writes. "We are to get a thousand dollars more when these are approved for Kribs.' And Tanner writes that Kribs can pet Influence Srom Wisconsin. Minnesota and New York. nai sort or influence? Is it the Senators from Minnesota, that he was srolnir to I jet to assist Mitchell? Is it the Senators I from Wisconsin and the Senators from -ew xorK. via Mitchell understand by that that Kribs believed that he was get ting the Influence of Mitchell for the money he paid? I ask you once again, and I challenge counsel for the defendant to give any other explanation for this than that was Kribs understanding of what he -was getting for his money, and what he was paying his money for. April 4. Mitchell acknowledged Tanner's letter of the 2Sth. and states that he will write m a day or two in regard to these lists. 1. 2 and 3; that he is attending to the Kribs matter. April 9, Tanner tele graphs Mitchell asking his aid "suggest ed In letter March 2S that Is, the aid from Wisconsin. Minnesota and New Yprk "will be of any use. Party now in "Washington and can arrange tor same If desired." What party? Kribs? He wires Mitchell, Do you Want that kind of influence to help you, Minnesota. Wis consin and New York to bring a political pull and drag upon Hermann, the Com missioner, to get those lands to patent? Do you want the aid? And what is the reply? "Conferred with department this morning (April 10). and am well satisfied with progress. No outside help needed." The Influence from Senator Mitchell from Oregon is enough, we need nothing more while Hermann is in the Land Offlce, and I will earn that thousand dollars alone: and he did earn It. They want to pay. and every cent of It. Now. April 19, 1902. Tanner writes Mitchell that Mays and Futrr arc going to Washington to hold up list 3. He states that Mavs does not represent . our people. List 3 Is one of Kribs lists. May 9. Mitchell telegraphs to Tanner. "Cases before Secretary will be all right; In a few days patents will issue." May 9: "They will be all right in a few days": hut the formal notice did not come until May 2S to Mitchell. Now I want to show you the other things that had happened before this let ter asking for a copy of the books. April 24 Tanner writes Mitchell that Benson and 1 quote from the letter now "ac knowledge that through your Influence about 1200 acres of these selections had been passed to patent." Benson, who employed the firm, who agreed to pay the firm 51500 to get these selections to patent, comes back to Portland. Now, by that. Senator Mitchell had knowledge, be cause the letter expressly told hlmZben son had employed the firm, "that we are to get this 51500." Benson comes to Port land and acknowledges to Tanner that through Mitchell's Influence nbout 1200 acres of these selections have been passed for- txitent and Tanner writes that to Mitchell, showing IMtchell that the 51500 which Tanner Is to take from Benson. Tanner is doing with the belief and knowledge that he Is receiving pay for the exerted influence of Mitchell as Sen ator. Can there be any doubt about it? For the exerted influence of Mitchell as a Senator, and for nothing else. Pay Is coming In from Benson. and Mitchell Is told of It, vDoes he write back and say: "Bemember. Tanner". I am doing this for you personally, and I want none of the Kribs money; I would not let the fllthv lucre come Into my hands"? No. He writes a few days later, "Send me a copy of the bocks, so that I can see where all money Is coming from and what for." So that he can see If he Is getting his share of the Benson money: so that he can see If Tanner is construing that contract that Mitchell Is to have one-half of all money that came In for services performed In land matters; that Is what he wants it lor. He could not want It for anything else. This careless man of business, this man who takes no Interest In that, this man who is attending to everybody's busi ness but his own. writes and specifically requests not only a copy of the books, but that that copy shall show from whom the money Is received and for what the money Is received. After getting all these letters, and immediately after getting jthem he uoes noi iook at it at all? What was his purpose In writing for It If that is true? That letter of April 24. written bv Tanner to Mlti-hell. says, not only Benson came here and acknowledged that it wis through Mitchell's Influence this was gotten through, but here Is given a prom ise to send a check for a substantial amount on the fee promised him In the matter when he readied San Francisco On May 27. after Mitchell wrote for a copy of the books, there was another fee that he was expecting to come In from Benson and he wanted to see bow that wcnCinto the books, and whether he got his share of it. He was doing the work, it was his Influence that got the 13t acre of selec tions through. "What am I getting out of On April S. Mitchell aoknowledgt s Tan ner's letter of April 24. and asks that Tan ner send in a separate letter, having noth ing etee li It. giving an account of the particular lands in which he is interested. Tanner's letter of April 24 was due there on April 29. It is acknowledged or the same day that it got there, and in ac knowledging this letter. In whleh Tanner tells him Benson ha acknowledged that "It is th-cush yur lHfiucn-e. Senator. tliil IMc 1"KMl .u. . .... that whlchhe tells hlra that Benson in colnr ! to send him h subsHal Tee a wobs i docs he tdf It? Is It. because he thinks he gets back to Sat. Fraic'vco. which M:c'm11 U- o glad to know that Taa-r1"-!!0 couP-r r ' Mitchell ac- ner Is making moocy out of his services knfcwicC3cs the recent of taat letter and ! tnat ne will ase extra exertion on these asks that Tanner send him a separate let tcr with nothing else In it. giving him a list of the Benson lands. "Let me know. says Mitchell, "let me know about these particular lands, numbers and everything that Benson Is interested in. and I will then find out how far we have progresped with the matter and will push them through as rapidly as possible." The fee cut no figure? "I will see bow far we have progressed, and push them tnrough as rapidly as possible': but put nothing else in the letter, so that I can take It along with me to the department and use It there. But the substantial fact If. "he has admitted that 1333 acre came through this influence; he is going to pay me a substantial part of the fee as soon as he gets back." and Mitchell Is waiting to get the balance of the fee. 3IItcbcirs Great Activity, i March 29. the same month. Tanner writes a formal letter in regard to the desert-land selections. List No. 1. which Mr. Burke Is Interested in: he also writes a private letter. Now. In the letter about Burke he separates the matter so that one letter can be used In the department, and not the private letter. He says, "I have been retained by Mr. Burke to as sist in getting these selections approved, and he nas agreed Jo pay a. fee of JoOO if me same can De gotten approved within 30 days." And It was approved by the efforts of this defendant within SO da vs. That was March 23. The others In the Benson matter were in April. In March and In February the Kribs matter, and in March we have the Burke matter. I am showing you all these things that oc curred just before this letter of May 27 asking for a copy of the books. May 2?. Tanner writes In regard to this, and in a separate letter, showlnc he Is setting ed ucated, saying he has been retained by tfurice to assist, and that there will be a 5500 fee if they can be approved within 30 days. What did Mitchell do? He wires Tanner on April 3 that the Burke selec tion has been made special and Tanner In his letter urges him to have it made special, giving as his reason. "I have been retained by Mr. Burke to assist in getting this list approved, and ho is to pay a fee of 1600 if the same can be gotten approved within 30 days or such a matter." On April 3. ""2, Mitchell wires that it lias been made special. On April 11. !" Mitchell writes Van Zandt. Assistant Attorney-General of the Interior Depart ment, where the selection has been for warded by the General Land Office for approval. "I am exceedingly anxious that this matter shall be made special and re ceive early consideration." That Is the Burke matter. April 3 he wires "It Is made special." and It goes from the Gen eral Land Office to the Secretary of 'the Interior, and on April 11. eight davs lator, Mitchell writes to the Assistant Attorney General of the Interior Department, where this selection now is. ana says, "I am exceedingly anxious that this matter shall be made special and receive early confederation." Now. why was It? It was to be paid If it went through within nays, ana we xind that the payment was made on May 29. Now let us review this a moment. On April 3. 1S. Mitchell wired that the Burke selection had Iteen made special. On April 24. IRK. Tanner had written Mitchell that Benson "is going to make a substantial payment on that contract. On May 9 Mitchell wires Tanner that the Kribs cases will be passed to patent Now, there had been a letter In there to Mitchell from Tanner, stating th.it there was $1000 which would be due the firm from Kribs as soon as they went to pat ent. On May 12. 1902. just three days after Mitchell had wired Tanner that the Kribs lands had gone to yitent. as he had been notified about the Burke matter, after he had been notified that Benson was going to pay a part of his fee, and after he had reason to expect that the thousand dollars would be comlnr in from Krihx hofnre January 3, three uys after he sent that telesrram. he writ es nnrl aivc "Rem m a copy of the firm books when the next division of the fees is made, showing the business since rav leavinc Orecon in No vember last, giving an itemized statement of cash received, from whom and on what account " Now. why did he send that let ter May 32? Didn't he send that letter of May . 12 because biving gotten the Kribs patents through, and expecting that the payment would be made before January J, he having wired that they had gone through, having gotten word that the Burke matter was all right, and that "COT was to be paid there, having gotten word that Benson admitted that his Influence had gotten through 1200 acres and that he was going to send a oubstntlal foe the day he got back to San Francisco, and having gotten word that Kribs had employed Tanner in u new deal, to-wit: That third list, he wanted to see the books from the day he left here, down to the first day of June, to see whether those payments went Into the firm so that he would get his half thereof. There is no other ex planation for It, And he got that copy of the books. And now they would have you believe after we have traced that copy into his hands in his office, and the ac knowledgment of the receipt of it by his own letter, together with the tag for his share of these proceeds, with this In formation In regard to those payments, that he did not look at it, and that he did not know that be received a part of those moneys. On May 27. 193 allowing five days for the letter to get here, which would be on the 1st day of June, or probably a week before the copy of the books got there, which was acknowledged In the letter of June 9. or say about June 1. Mitchell gets a letter from Tanner which refers to lists 1. 2 and 3 and Incloses a list of lieu selec tions In which he states Benson Is inter ested, and for which he la to pay a fee of 5600. making 51500 In all. and that Benson 1ms already paid 5258 of the fee. and that payment was made and entered on the books as of May 27. Now, here Is another letter In regard to Benson, the same man who had employed the firm, telling him it was the 51500 payment, which refers back to the same contract. It Is written on May 27. 1902. and reached Mitchell within a week before he got the copy of the books: and in that letter Tanner tells him that Benson has already paid 5250 of the fee. Did he look In that copy of the book to see whether he got any part of It or not. or when It was paid? Is It reason able to suppose that he did not? May 27. 1902. on the same day that Tanner wrote and told him Benson had paid that 5SM. another letter which he got Just a week before he got the copy of. the books. Tan ner says, referring to lists 1. 2 and 2. "We are entitled to an additional fee of 51W in this matter the Kribs matter": and he goes on to say. "Send me some official information in regard to the fact that It has passed to patent, as you wired me, so that I tan show It to Kribs. be cause I don't suppose he will want to pay until he sees some official evidence of the fact that they have gone to patent " Now. with that letter In his hands, did "he look at mis copy or tne books that he had re- celved? If he did he would not have found ' that payment in it. because that payment . was not made until June 14. But he could : not have helped seeing these other pay- ! ments about which he had received ex- ! actly the same information; and he could t not have helped seeing that this says i "Kribs Will owe UK a thousand rinllnrc " i The whol transaction had been explained ' to mm. ana ii ne owea iiwu. it was 5jO) , on each of these two agreements; there fore, he had paid 5500 on each of the two agreements, and therefore those payments I ougni 10 appear in mat oook. and tney I do appear in that copy of the book on February 13. 1902. In this cpnv that was i sent is tne sum payment or Kribs as well as this payment of Burke and this pav ment of 5250 of Benson and the 5500-of Burke. On June 16 following that and that cony of the book had cot ther ahant June 9 Tanner writes to Mitchell an ih Mth, telling him that Kribs has paid up the fee which he was to pay for tboe services in the matter of the timber land entries In the Resteers land district, Kribs Was Well Satisfied. Why did he teti Mm that? Because he had made a deal with Kribs now as to lieu selection. Kribs was so woll satis fled with the fine work that was being done by Senator Mitchell with the rapid manner in which he got those timber land entries through, that after having re ceived word that they had gone through, he comes In on June 13 and paid the thou sand dollars of balance he owed on the whole T claims: and on the fame dav he says: "Here are some more claims that I i want you to take now under a now con tract, and I will make a contract with you for another thousand dollars, and I will pay you $ down.' whereupon Tan ner writes t Mitchell ccloslng this lieu selection list, and In the letter In which h calls Mitchell's attention to the lieu selections, and asks blm to expedite them, he says. "Krlb brs pa Id the thousand dollar, which he owed on the Roseburg land buseHCW.' Why does he tell him that? If that money was Tanner's, if rit.'Hti inminw!' it ,... T.n.,A-- -i-v... lieu selections? Is that the reason he tells him. or does be tell him because It Is a part of Mitchell's business which he ousht to know, and because he helleveri that Mitchell, knowing that Kribs bad pi aia asrecrocat. ana aaa promptly paid the money he had agreed to pay, would use extra exertions in regard to the lieu selections and hurry to get them through, so that the balance of 5500 to be paid when jsatent was Issued, will be forthcoming soon? Is not that the rea son that on Jane IS he tells him that Kribs has paid the thousand dollars for the service, and here Is some new work for you to do? Now. bow long fter that I it before Mitchell has a chance to see the books? On June 16 Tanner tells blm that Kribs has paid this thousand dollars. Did Mitchell have any curiosity whatever as to whether he got any part of that? Did the question of the slxe of the check he got each month cut anr figure with him? Was he a man of such large means that two or three hundred dollars more or less a month in the check to be recelrcd made no difference to him whatever? Did he ha-e no interest In his firm's business, so that he did not care who bis clients were or what the character of their business was? If so. why was be continuing to maintain a law partnership at all? .If bs was taking any interest In that flnrf busi ness. If he was still taking an interest In law. If he was really maintaining a law office for his legitimate .law business, didn't he take an Interest In whom he knew the clients of the firm were? Didn't he take an Interest In knowing that? Didn't he take an Interest in knowing the character of their business? Why. of course he did. Mitchell Examined the Books. When did he get here? On June IS. that letter was sent to him, and he got it about DEFENSE CLOSES Senator Mitchell would not take the stand in his own case and explain away the testimony of his former partner. Judge A. H. Tanner, aad of his former private secretary. Harry C. Robertson, Only one -witness had been put upon the stand at the opening of the morning session, before Judge Bennett announced -that the de fense would rest Its ease, and that the time for argument had come. The great crowd gathered in the courtroom to listen to the expected testimony of the Senator had come In vain. Senator Thurston immediately asked permission of the court to proseat argument as to the Instructions to be given the Jury by the court, and the Jury was excused, from the room while the matter was discussed. In the . argument he last remaining hope of the Senator was set out by his attorneys. It was argued that the Indict ment had alleged specifically that the defendant had received money from Frederick A. Kribs. The defense urged that since this had been charged, the Government had failed In proof, for the reason that no showing had been made In support of the allegations made. It had been shown that checks had been paid by Kribs to the firm of Mitchell and Tanner, but not to Mitchell In person. The money paid to Mitchell had been the money of the firm, sent by Tanner to Mitchell, and was not the money of Kribs and had not been paid by Kribs to Mitchell, as charged In the 'Indictment. For these reasons it was Incumbent upon the court to Instruct the Jury that unless they found by the evidence that it had been proved as alleged that Kribs himself paid the money to Mitchell, the verdict should be for acquittal. Senator Mitchell has made no defense, and has rested his case with the mass of the Government's evidence hanging ever him. xThose witnesses which he brought before the court all told storios along the same line, which testimony was stated by the court to be immaterial, though no objection was made to It by the prosecution. The stories were all to the effect that the witnesses had at some time or other In the past "requested favors of the Senator in the accomplishment of which It was necessary for the defendant to appear before the departments, and in each case the Senator had refused the proffers of compensation made. In the afternoon United States District Attorney Heney presented the case of the prosecution to the jury In in argumont extending over two hours. He said it was an unpleasant task devolving upqn him. but that It was his duty, as it was the duty of the members of the Jury, to decide the case upon Its merits and upon the evidence. Irrespective of the age or the position in life of the defendant, disregarding the tears of grown "men and the saph tstry of tho speeches made and to be made by the attorneys for the defense. Throughout the argument the orator made no attacks upon the Senator, but followed the evidence as it bad been presented, clarifying, explaining ami gathering It together in order and sequence. He made no effort at declamation, but his remarks were forceful, clear and brought up In vlvld'arruy the proof gathered by the Gov ernment, and upon which the prosecution bases Its hopes of conviction. Judge Bennett and Senator Thurston will present the arguments for the defense today. June 29, and a little over a month after that he is in Pprtland. He Is in Portland from the 1st day of August to the 23d day of August, over three weeks; and during that time he examined the books, because you have the undisputed testimony of Harry Robertson that he saw the defend ant examining the books during that time; mat ne oiobertson was toid to get tne book for him: that he brought that book out. and you have seen the book, you saw how many and how few entries there are for him to examine; you saw between one of these payments and the next ex actly how far he had to look Into that book In order to sec the entries and you have the testimony of Harry Robertson that for three hours or more the defend ant had the book In his private office. It Is true that people were coming In and going out while he had it there, but Har ry Robertson says. "I was In there and out myself, and I saw him examining the book." He sent for It and examined It, didn't he? What did he ask Harry to get it out of the safe for him for. If he was not going to examine it? The only propo sition they have to present to you now Is that after he got it. be was interrupted by so many people that he did not exam ine It. Then why didn't he examine It some other time? He was here from Au gust 1 to August 23. about a month. Be fore lie came he received a letter from Tanner telling him Kribs had paid the balance of the thousand dollars, so there was 3X0 altogether that he had known of that Kribs had paid Into the firm busi ness: and he had not curiosity to know whether he got any of it or not, no curios ity to know whether 5KO0 out of that amount went to him? It Is perfectly ab surd. As common-sense men we must refuse to accept any such theory as that. Now. on August 23 we have him seoimr the books, every opportunity to see them, up to November 9. IMi- we have him receiving a check on November 2; we have him sending back for a copy of the books from the date he naturally looked at them, which would be up to November 2. and If he saw them he caw the from Kribs entered there, could not help but see It; we have him now sending for a copy of the books and getting a copy of the books up to June 9. 02. from Novem ber 1. He must have looked at them: we hare them In his hands and on his office desk where he bad them until he camo here on August 1. could have brought that copy along with him on the train, could have looked It over on the train, if he saw fit, and If he took any Interest whatever In hi firm's business. He Is here from August 1 to August 23: he sends for Use book for the specific purpose of looking through it. and be is seen looking through it: ha it In his possession for several hours. Then he goes to Honolulu on August 23. comes back from Honolutu on October 12. In the meantime Kribs had come In and employed tho firm again on September 20, IMS. with some more lieu selections, and had paid down SXO. When Mitchell returned he could have looked at the books, but he may not have done so. there Is no evidence that he did. from October 12 to October 23, when he went East again. So that he may not have at that time seen that entry of Sep tember 20. 1902. but he did talk to Tanner about it. there Is no question about that, la the 13 days he was here, from October 12 to October 25. he talked to Tanner about the new employment by Kribs in the lieu selections upon which the payment bad been made on September 20, 1902. half of which had been placed to Mitchell's credit- Do you suppose when Mitchell got back from Honolulu be looked at his book to see how much he had received for the preceding month of September? He had been away from August 23. Did he have no curiosity as to how much he had received for the month of August? Did he have no curiosity as to how much he had received pr the month of September, and If he did have, did he have no curios Its whatever as to where that money am from, anld didn't he look at these books? And wnen Tanner told him that there was another eraptoyment by Kribs In September, did he have no sufficient curiosity to lead him to look at thess books to determine whether the fee that was paid by Kribs was put Into the firm account or not. or as to how much It was? It Is Impossible to believe It. On Novem ber II and here Is the evidence that Tan ner did talk on November 11. 1502. Mitch ell having left here on October 25. Tan ner writes to Mitchell In regard to the Kribs lieu selections, the same old dhes. but in regard to the employment in Sep temberhe Is getting pretty -well educated by this time, as you will see by these two letters: "Dear Senator A letter from the Honorable Commissioner of the General Land Office, dated May 21, 1902. referring to lieu selections, numbered so and so, states that not one of those selections were at that time la condition for favor able action." He goes en to ask. "What requirements. If any. are needed?" He Is getting educated now. "1 have the honor to respectfully request that you do this. This is between these two partners, a letter for filing la the Land Office. Now. what accompanies It? This does not sound ' very much like that: "November 11, 1202" In the same envelope with the other letter "Dear Senator: Referring to the Inclosed letter. I hope you will punch the matter up all you can, as a part of our fee depends upon getting these selections approved." Mitchell did not look at these books? Mitchell did not have talk with Tanner when he was here between Octo ber 12 and 23 about this employment In September. 1SC2. on these lieu selections? : He did not know tnat this 35OT went Into J the Arm. and that he got his part of It, , and that 5500 more was to come to him? He did not know It, and Tanner writes . him such & letter as that: "Punch them. ! up. Senator, because i part of our fee j depends upon the cases going to patent." Whereupon .the court admonished the IJury as usual, and an adjournment was taken until 10 o'clock Wednesday morning. AT THE MOIWfLNG SESSION. J One "Witness Is Heard and Argu ments on Instructions Made. J. A. Martin, of Portland, was the period in the Mitchell defense, and the end of his brief and Immaterial testi mony yesterday morning brought the Senator's striving to a full stop, and practically gave the case Into the hands of the Jury- It was a great surprise to the mass of spectators, packed Into the courtroom, when Judge Bennett an nounced, less than a half hour after the opening of court, that the defense would rest. Everyone was waiting for the ex pected appearance of the defendant upon the witness stand and the decision I seemed to sweep the last hope away from ITS CASE; DISTRICT ATTORNEY HIS OPENING ARGUMENT the grasp of the aged man before the bar. By his act he chose to face alone and un supported the great mass of the Govern- I meat's evidence, and to wait for a verdict with no other assistance than the words of his attorneys. The only witness of tho day. J. A. Martin, testified in similar vein to the others who have been brought before the court by the defense. He stated that about eight years ago he had wished to build a wharf in Portland, but had found that the harbor lines were not deter mined. Upon advice he had written to Senator Mitchell and had asked him to take the question up with tho "War De partment and secure action. The Senator had done this and the witness had been able to follow out his plans to his own great benefit, "When he had asked the Senator what fee he expected for the work done, the defendant had extended his hand to him and stated that if he would give h!s friendship nothing more would be expected. - Senator Thurston asked permission to present arguments as to the instructions to be aiven the furv bv the court ni th were being argued. It was argued by Mr. Thurston that the indictment against the Senator alleged specifically that he had received money from Frederick A. Kribs as compensation for work done be fore the departments at Washington. The Government had not followed this alle gation with proof, and It was the wish of the defense that the jury be Instructed to return a verdict of acquittal If such were. In the estimation of the court, to be the case. It bad been alleged that Kribs had paid the money while the evi dence showed that the Kribs transactions had always been settled by check paid to Tanner and by him deposited In the bank to the firm account. It was. therefore, the money of the firm, drawn from the firm account by Tanner and paid to Mitchell by checks which had been given as payment of the firm dividends. These checks gave no Inkling 'to the defendant as to the source of the money, he had no knowledge of the transactions and was, therefore, not guilty as charged. Neither had the prosecution, said Mr. Thurston, made good in the alleagtlons of their In dictment, It would be necessary for the Government to have traced the monev from Kribs pocket to that of Mitchell to have substantiated the Indictment, This fault in the Indictment or in the -allegations was not the fault of the defense, but it was binding, and the court was asked to consider it. The court was also requested to Incorporate the usual admo- Senator Mitchell Sits Watching CLOSING HOURS OF THE TRIAL DRAMATIC IN THEIR INTENSITY By A. A. G. It was nearing 2 o'clock. The trial must soon resume. The evidence was ell In. and again the courtroom was packed. Stronger men quarreled for the few avail able seats, while scores and hundreds of others, frail-looking women and "men of all tinges of life who were not known of authority struggled Into a mars at the doors and stood on tiptoe for the whole long afternoon. With fixed eyes and straining ears they centered their whole anxiety upon the marked few within the surcharged center of that which was transpiring; upon the Judge, when at length he came, calm. Immovable, the one person of all who was completely self possessed: upon the lawyers steeled to thrlr utmost In f hn nmHrtl fnr- firr- and upon the Jury commonplace' and un- xmeresung meajocnty, raisea tor a little while to be the awful arbiters of Fate. But more than all the others the Watched One was a man of patriarchal ralen sail Scrinturat mfnm'rc of V-- who sat with folded arms aad expression less race and waicnea also. At his back sat a son, who could do nothing but a son's part. At his left sat a friend who has some common Interests with him. and In his fate, and at his right were his hired champions, between him and the flem onslaught of the state. An old -man. whom success long had sailed upon. nltion in his charge to the effect that the refusal of the defendant to testify should not be taken as tending- to show guilt. Mr. Heney answered, the arguments of the counsel for the defense, showing that the citations made by them concerned the Jurisdiction of the court and not to the fact that a check was not recognized as paid directly from one person to an other. The indictment had stated spe cifically that Mitchell bad been paid 5500. In one instance, as compensation for work done or to be done. It had been shown that this money had gone direct from Kribs to the firm account and then la part to Mitchell, which was all that was necessary to prove. Closing Arguments In Afternoon. The closing arguments to the Jury were commenced In the afternoon. Mr. Heney presenting the case of the Government In an address extending over more than two hours. His remarks were clear, forceful ; and direct, summing -up the mass of the Governments evidence In an orderly and I easily understood sequence. He made no i effort at oratory, but presented his facts i so easily and at the same time so readily i and briefly that they had great effect and t power. In commencing his address the speaker said it had become his duty to present the facts involved in the case at Issue as far as possible by reviewing the evidence. It became the duty of everyone In this country, at some time, to do that which is unpleasant. This obligation now forced him to the unpleasant task of prosecuting the unfortunate defendant before the bar. HENEY PRESENTS The task of the District Attorney, the speuker continued, was soon to be ended, though the work of the Jury, already be gun, would be at Its height. He was sat is fled, and almost knew, that the mem bers' of the Jury would not allow them selves to be swerved from their duty by the tears of grown men, whether from the heart or from the eyes of an actor. The approval of his conscience was dearer to him than the approval of man. and If. after having finished the trial, the mem bers of the Jury could search their con dolences and be satisfied, then they bad done their duty. If It were not for the exalted position of the defendant, the case might have been submitted without argument. If the Jury could separate the position and try the man. John H. Mitchell, and not the Senator, then this would have been pos sible. In the opening statement the speaker had set out -what the Govern ment had expected to prove, and he left It to the Jury whether or not his prom ises bad been kept. He hnd stated that the Government would prove -Mitchell to have received money with knowledge, that the prosecution- would show knowledge, and would prove It by the establishment of similar transactions to these charged In the indictment. Many things had been promised on the part of the defense, but none of them had been carried out. It had been charged that the prosecution was tho result of vlndlctlveness. and If the Jury had discov ered this to be a fact after listening to the trial, then the Government would be glad to have the fact considered In the verdict to be rendered. On the other hand. If. after listening to the evidence, there bad been no vlndlctlveness In the prosecu tion, the speaker would be glad to have the Jurymen disbar all such Insinuations from their minds and decide the cas upon the evidence. Mr. Heney then took u the evidence as shown by the witnesses of the Gov ernment, and marshaled all the facts pre sented In order. He called to mind the fees paid, and brought forward the let ters passing between the Senator and Tanner and the entries In the books to show how everything- pointed beyond a doubt to the knowing participation of tho defendant la the actions charged and proved. From the testimony; It was shown again that the Senator had received his share of the money, while from his own letters it was demonstrated he knew all the time that Kribs was a client of the firm, and had repeatedly paid large sums into the firm account, part of which he had received. It had been shown by all of the testi mony that theso transactions had been and his scant half-dozen, an unhorsed leader of men. nerved for the ultimate, sat waiting his Judgment, Oace he moved uneasily to wipe the blur of age from his glasses, but mostly he sat as . figure cut In wood. His arms were folded, but under the folds of them his hands were drawn Into fists. Mostly he sat thus and thought. Of whaj. God knows he had much food. He thought and watched. Gone, tho strength of youth and power, the ap plauso of multitudes, the hope of a peace ful old age. the Joy of living-. What mat tered the form of Judgment? The moving finger had written, and those ordinary 12 to whom the final decree was left had not the power to cancel what was writ al ready. Men spoke In whispers, and their faces were drawn. There was the quiet of a hospital ward when some one Is dyingv Then the Judge entered his high place noiselessly, & nervous tremor ran through the gathered crowd, vibrating It- Then the prosecutor, personification of retribu tion, rose to his feet and addressed him self In rapid, forceful, merciless speech. The closing arguments were on. It was a tragedy so unromantic and unplcturesque. yet so Inevitable, that It might have been a dream of Zola's. The man with folded araas and clenched haads still eat thinking. ' So cams the beginning of the end. carried on, and the fact had not been disproved. There remained but one thing to prove, therefore, before the case was complete the knowledge of the Senator. If It could be shown that the Senator had known himself to have accepted a part of any of the fees, then the case of the Government had been made strong and good. In support of this, the letters of the Senator and of his partner were produced treating of the various fees to bo paid and of the need for hurrying ac tion In Washington lest the fees be lost, and It was argued that from these the entire contention of the prosecution was established beyond a reasonable deabt. The duty of the Jury was a simple one. the spenker contended, as It had to do simply with the guilt or the innocence, oj the defendant, not with the punishment, which was a matter for the court to de cide. Mr. Heney spoke unil a little after i o'clock, and court was adjourned until this morning at 10. when Mr. Heney will conclude his argument. The defense will follow. CHINESE BOYCOTT GROWS Astonishing Showing; or an Apparent National Sentiment. PEKIN. June 27. The question of Chi nese exclusion of the United States con tinues chiefly to occupy the attention, of the Chinese. The extent and depth of the feeling manifested astonish for eigners, and Is regarded as aa evWenco of the growth of a national sentiment of public spirit, which, five years ago, would have been inconceivable. Among many Instances cited as evi dence of tnls. It is said that a Chinese comprador has refused a lucrative ap pointment with an American company; advertisements of American goods con tinue to be refused by the native news papers, and letters and telegrams from all parts of China, as well as from abroad, are being received, urging the central government to take a firm stand. The chief obstacle is the question of the exclusion of coolies from Hawaii and the Philippines. It Is urged that there Is no reasonable objection to the landing of coolies In Hawaii, where thy do net compete with American labor. whH Chi nese Immigration has long been estab lished in the Philippines. These points the Chinese regard as es sential, but it Is thought unlikely that they will be conceded by the American Government, With a view of facilitating a settlement. China yesterday pep posed to send a special mission to Washing ton, but American Minister RockbJU de clined to entertain the Idea. The Chinese deplore the risking of American good will, but claim to have genuine, legiti mate grievances. In the meantime, the boycott of goods from the United States continues, aad the anti-American campaign is increasing is vigor. The American Minister has ap plied to the Board of Foreign Affairs to check the movement, aad Viceroy Yuan, of Chill Province, has Issued a preektma ton on the subject, but Its effieaey Is eoa sldered doubtful. Whirled Around Short. ASHLAND, Or.. June 27. The 14-year-old daughter of L. G. Brannon. a brick manufacturer of this city, had a miracu lous escape from an lnatant and horrible death this forenoon. She was pJaytBS around the engine In her father's factory when her clothing caught In the big belt and she was whirled about the shaft until her clothes were torn from her body. It was thought at first that she was killed, but after being restored to consciousness It was found that no bones were broken, although she suffered some fearful bruises on the body and Injuries to her ceaa. tne seriousness or. wnicn are yet to be determined. AT THE HOTELS. The Fort land It. Harris and xrtfr. T. W. Magill. Chleace; F. Gottsbcrxer. J. H. Black aad wife. Ne York; X. F. WUsan La An geles; F. P. Graves. R. C Crawford. Ckl cato; L. A. P. N orris and wife. New Tork: B. Strauss and wife. Louisville; A. Levi aad wife. Washington. D. C: Rev. G. C. Cox aad wife. Cincinnati. O.; K. B. Lindsay. Daver: a W. Dttta&offer. St. Paal: A. Strieker. L Strieker. Cincinnati. O. ; J. Bedrisaez. Alex ander. Egypt; W. J. Kelly. Pittsburg; R. H. Wads-worth. Chlcaico; E. E. Baker. Oakland. Miss I Baker. WalU Walla; Mrs. E. L Smith. Seattle: Mrs. B. W. Woodward. Law rence. Kan.; Mrs. L. L. Btankeaeerr. Mts L, S. BUnkenbtrr. Philadelphia: E. B. Bet ton and wife. Ft. wrljcht. Wash. ; Mrs. L. E. Gross. Chicago; A. 11. Shaw. Philadelphia. L. Clay. Lexlngtea. Ky ; A. S. Blackwell. lln. F. L. Orcutt and sun. Boston: Sesaa B. Anthony, ii. S. Aathoar. Rochester: L. R Anthony. Philadelphia; E. J. Haier War ren. CX. C. it. Hall. Syracuse. X. T.. Carrie Chapman Cat. New Tork; C S. Eaton. F. E. Fuller and wife. Minneapolis; Mrs. B. Z. Holmes, city; Mrs. D. A. Edgar. New Tork; A. S. Hicks and wife. AHoona; W. B. Haight. Mandan. N. D. : Mrs. U. S. Row. Seattle: L. Marshall. Dolath. Minn,: F. CattiBc aad wire. Oakland; S. E. Carr. Chicago; W. W. Boyd and wife. F. D. Boyd. Sc Lowfcs: Mrs. L H. Harper. Wasalnxton. D. C. . H. B. Tuttle. Cleveland. Or.; It- J. Laatb. Seattle: Mrs. J. F. SiTtft. San Francises; R. CBrtea and wife. G. T. Buller and wife. Taeoma; X. J. O'ConnelL "tVashlngtoa. D. C; J. Mc Millan. Saa Franebce: E. E. Weasel. Min neapolis; A. B. Bean. Slesx City; J. W. Rob. tnion. Olympla; W. A. CphoC Chicago: K. c. Churchill. Boston: Mis II. J. Bailey. Mrs. Swift. San Francisco: L. D. Severetca. Lo- Ang-eles; G. O. Beehlrr. IMsb-e. Ariz.; Mrs. L. Z. Beeeh. Mrs; D. R, Wilson. Miss H. Wilson, London. Or.: Bascb. A. Baiter. Chicago; J. A. Col. Saa Francisco: Mrs. A. Livingston. Capron. IIL : Mrs. M. M. Bailey. Mezlco; Mrs. S. Haaser. S. T. Haaser. Jr.. Helena. Mont.; M. G. Myers. Mite City: A. L. Klnesbcrry. San Francisco; B. Ltadea- bergen. Astoria. Or.; H. S. Steele. U. S. A. The Perkins R. Griffith and wKe. Orna- brock. N. D. ; G. H. Maynard and wife. Vic toria; W. Whitney. V. S. A. : J. U. Hendricks. Seattle; C. F. Hoepke and wife. Ellens burs; J. H. Alexander. La Grande; R. H. Me- Mahon. Chicago; H. C- Scaarff. Milwaukee: J. A. McAlpln. Clark, a D. : Leslie Butler. Hood Ktrer: u. W. Breaw and wife. Seattle; Carl Gray. Salem; P. W. Prestos and wife. Waltsburc Wash.; L. J. Jennings. Ray Wil son. Fort Worth. Tex.; Captain Vandacrart. Alpena. S. D.; H. C. Seller. Huron, s. D. . W. L. Johnson and wife. Sr. Paul. Miss Sill B. Allen. J. H. Brownlee. Cslfaa; J. B. Ash- ton. Kansas City; E. II. Boyd. Spokane; Isaac Neat and wife. Endlcott: X. W Martta. Fletcher: John La Blue. La. Grande: S. K Ronka, Astoria; M. S. EtommertlBe and wife. Eugene: L. E. Ddeegan. Newberry. Mich. . B. H. Oanfortb. Albany; G. A Thomson. Seattle: Jasper Collins. Carthaee. Tex.; G. W. Grlfna. Eusene; J. J. Jameson. San Fran cisco: J. W. Flood. Loalsvnle; C A. Taylor. Kebio; X B. Whlttler and wife. Scnppeose. M. C Leahy. Astoria; E. W. Blxoa. Seattle Frank Heyer and wife Mrs. BarWa. Seattle. George McAllister and wife. Chicago; John Newman and wtf. Wisconsin; M. R. Tro bauxs. Stockton; G. It. Armstrong and wife. South Bend; R, Berry. B. Berry. Rltxrllle. C. K. Henry. Hlllshoro. Mrs. L. M. Prestos. Los Angeles; D. L Herri n. city: J. W. Hw. ard. PrlncrtUe; W. S. McFsddea aad wife. CorralUs; J. R. McAlptne. Clark. S. D. ; C. A. Schlbrrde. Coos Bay: Mrs. S. E. Ha. Spo kane; G. W. Bless. Arlington; J. C. Mc Clelland. Spokane: W. S. Lysans. Kelso: E. Stepton and wife. Pasadena. Cat.: W. W. Osjleaby, Mrs. F. Henderson. Cettas? Grave; Aknon Baker. Gotdendale; J. K. Lookett. Henderson: V. B. Staples. Ontario; Eacene Coliln and wife. Gertrude Colbta. Adelaide Co Din. Sprinjcfleld: L. L. Ernst and wife. St. Paul; Mrs. E. L. Smith. F. Chandler. Hood Rrrer; F. W. Capo and family. F. J Racers, Coe; E. Sharp. Tacoma; a. Sanan aad wife. M!U City; S. E. Johnson, C . Brooks, Dtxon: Minnie Spencer. Maud Smith. Sr. Pant; Miss Alma C Moller, Cincinnati. Mrx Emma. Darner. Mrs. Effl Sell. Ltvtnaaten. C Dunlap, Michigan: A L Owes. Edmocdd. N'. D. ; J. F. SamneL Dayton; C. Still well. Prosier. The iBsacria B. F. Brock. Stella: F G. Barton, Tacoma; James Hew ell aad wif. Ocdeni William N Marshall. Vancouver. L. W. S&ulter. William H. Schafer. F. H. An drews, Seattle; C R, Betts. Tacoma: Thomas J. Page, city; H. C. Marsters. Joha W. Reynolds. Raseburz: J. "W. Butler. Tena m; B. J. Taylor. W. Kroser and wife. St. Johns; C- W. Fulton, Astoria; G. G. Brooks, onaoa: Robert G. Smith. Grant's Pass; , James CaltUon. Pendleton; J. W Scribe r and wife. La Grande: A- R. Byrkett and wife. "Bergta. Wash.; H. J. Raw. Saa Francisco; mi Pnllllra. SnanlXoi F. S. CatweH and "lfe. Gordon; Pearl Greer. William, Sivsoo. oarasen c W. Peabody, i eaten. Mica.; " J- " Gaerrter. Donna. Gifford. Cbar-e Guerrler. Ontario; E. F. Perriott aad wua, A. Baker. CorralUs; U C- Martta aad wife. J. Brown and wife. Saa Francisco. J. O. Butler. Blaise: X. Houser. Echo; A. C Woodcock. Eugene; James S. Ramago aad talon. Charles Vumbrect. Syractae; L. P. Wagner. She boy ran. E. "5. Darts. Miss Res a Davis. E. F Mayer. Atlanta. Th S- Charles J H. Bidding aad wtra. Denver; Frank Shaw. Condon. Or . Geo nee Keller. Gresoam; L. Margaa and wife. B ttaiam: T. Coffey i McMinnr!!-. C X Tav ter. Kelso. Wash., c H Gon and wife. F E. btyles: J. S. Snyder. J. C. Snyder. Carrolltoa-. J. H. cole and wtf; w. Hotcomb. HoQuiam. Waal.; R. J Era. Castle. Wash.: WUUast Wertx aad wtf e. Ancesa Ht . Mario Tunxat. lUMsbora: Mary E. Brown, Maud Hanna, Charles D Ely. lonr. Or.; R. J. Hlmes. Reabea. Or.; WHBara Mack re 11. Molalta: R. R. Chancy aad wif. Pendleton. Mrs. Mary E- ValMn aad family; C W. Ryctiard. En gene; William Bertram. Milt City- 2". X. Seely. city: George Baker and wife. Grant Margaa aad wife: E. J Rowland. Louisville. Xj.. R. W. Brown. V. & A.: A. E. Waldrh Diamond. Or. . A. Wlekstraad. Denver: David vaughan Newberg: John Myer. Marcus, la., it- T. AlHtesL and wtfu. Hopewell Or.. R. THtotsoo. Carsea. Wasa.; O. Boyd, Oak Point. J. S. Crumbley. Seaside; Jeff Koehler Aberdeen: J. W. WeataereH. L M. Mllterl Carson. Wash. . Victor Stcott Spokane. Wtll lam . Hay hurst, city. It- S. WlUon. city. J. W. Htckey. Treutdale: M. V Cohen. As toria: B. F. BhUsdle. Klamath Fails. A. F Rblatt, Kalsey; J. Brown. Eart Brown. E. S. Ward, city; R. L. Booth and wife Wtlla mlna: F Schrode. city; H. E. Hansen aad wife. Aberdeen: Mrs. J. C. Britton. A. Joha soa: J. E. Kitborn. Eugene. J I- Dunajan, Shaatke: Mllo Summers and wife; C. M. Hoff. Benson, lit: H. M. Stelner. Salem; W. H. Klnsey. Dallas: D. A. White. Satenu Mrs. P. A. Walte. Mrs. LaHghttn, Spokass; William J. Smith. Seattle; G. L. "Waiver. Salem. The Esmond A. T. Crane. P. A. CasspbelL MayvIHe: C. H. Robinson. W. Humiwk Vaoo: S. O'llam. Weatherby. G. Hoist, llo qulam: Harry Quick. F. EL Quick. Fa Ms Clti . H. E. Veagie. Catatamet: F. L Bradley and wife. Tacoma; A. K. Reed. H. E. Kanaolx. Centervllle; J. Dubois. Kelso: F. A. Meyer, Chtaenk. A. Kufetet. St. Louis; It. u, Larsen aad wife. Deadee; Mrs. M. J. EIHotr. G. E. Eversea aad wtfe. lmweod. lad. I Pelleske, and wife. A Ism. Kan. ; . E Sutler. XortS laxiraa. t . borher. lone: 11. McFarUne "H' est port; J A. Mctatceh. Vk' est part: ii Ma son. Bering; J. S. Boots. Hood River. W Welch. Portland. Me.; F Worth. Kent; D. t Klag. Sltverton: T. Paldea. Cora. Mast: F StBrsfcs. JaeksenvtHe: C. Sboudy. St. Johsa: K- Graham aad wife. KfM. Mrs. J. B. Rob inson. Garber: Mt M. Wondrly. Rainier, G. F. Umlk-Tta. Mtot: C. Zlegler. Carrol ton. L. D. Bfeefardson. Catlla: t. A. Stlltwer. Prcr; George Fwx. Heed Riven E. Swabb, 1. Snrabb. Salem: E. F. Miller and wife. GoMeadale; W. t Fisher." Rainier: G. D. Wood and wife. Lestiae: W. Geeoet. t. K Bureaiik. L. I. Burba nk. Mrs. B. E. Burbana. Stevenson; Mrs. J. L Campbell. Catshante; Mrs. H. F. Smith. Helena: H. PoweH. LewU ton: C. P. Tounr. Oak Point. The Oregon Sallte Lynn. Fred C. Fultan. Alaa C. FaltOB. Astoria; C C. Powell and wife. Kennewlck; F. M. Burke. WaHa Walla. Mrs. . P. Smith. Winnipeg; H. S. Brunisg. Saa Fraaefeea; J. L Hooper. Detroit; A. L. James ane! wife. Georg Page. F. W. Petty grove. Saa Francisco: E T. FarrelU Helena. Mont.: F. A. Harm ea. Tacoma: Kate Lln coin. Cbleago. James A. Emery. Ulysses S. Kerd. Richard Mttlr. San Francisco; Mrs. J Burrwell. (mice. Oal. : WHKam M. Musson, WafefetBRtan. D. C. . P. E. Delaney and wife. Batte. Moat.: A. L Castle. Qulney. Ill; Cap taia Ross. Tacoma: 1. J. Johnson and wife. Chicago: S. A. D. Paty. Berkeley. Cat. W L. Cunningham. New Tork; Charles Monsos. San Francisco; W O. Johnson. Denver; J B. Woodruff. W. C. Green. Three Lakes. Wash.; D. MacKenxie. Portland: lln. M. E. Waters. Chicago; M L Reld, San Francisco. Dr. W H. Drake. A. Ftemmlag. Mrs. Adam. Can ada; George Hoyt. Golden. Pa: A. C. Frey and wife. Cincinnati; W. J Ball. Seattle; George W. Harrison. Saa Francisco; Mrs. M. M. McCorkie. Glen McCorkl. Knoxvtn. ta. : Mla c. S. Hodge. San Francisco: Dr. F. E. Duncan, Bteomsvllle. Pa. Tacoma Hotel. Taccnia. American plan. "Rates, 33 and us. Hotel Donnelly. Tacoma, Slrst-elass restaurant la connection. Sightseeing I I at the Expc3;tion.ccs Is fati jnsd S and exhausted, and a cool. strsngthszins rsfrssbrssst Ss A High. Ball of Hunter Whiskey sas a vorlc-vics fame, net only for Cheer and Comfort, but also as a dsUcious invioracL SolA at alt ftrtass eafrs ad by jobbers. The TktM Sua 5c3wrt t MckL Wmlm Ktciat Wttpia. Cri$, Scafe. little baMe most aKIcted. "C6afcej.sarettoa tcrnlm. Ucnlnx. Hopetessizotiecs woraeaswta TOU-ffi tffnZ, TaereUaqatcipoalttTwcanaa 8KINHEALTH 7J!A TREATMENT QG Cssslsis of "Bar. Saa. sedlatsd. aatlars ttet SUImaealti. (otrt.. to kill Tm-rtcr ers. aesJ ti axis asd stop Keatesi aad SkJjskealtls, Taialets, to expel kuasar seraes. J-tl" TLDES OKMOTHEJC retrcSidlicsiMs treatment with. Bartaa Sav for IaceI'i: retterlne asd qtacttr cadc an tlnda oCd5s"Sf far Itnsicts fraa. tafsacr to old a jr. foe fces fjlag- the sxta asd hair, aootatsc all tr IT iTssl aad far sasy antiseptic un. Lisgiaa, TVUUDARD. rT.4gr Jt cW Toartk aad WauiEla. Sta. are crer iaiisrr restorative, ssnsara&vs aad asarodanc tor bora seaes. 5rrt far cocalarw Derxje. 322 Miziet S- 5?- F. At a2 ce-aY4a c&Todatac iVjss")WPB9'!94B9 1 1 i