6
THIS -MOJKJQe OKlSCTO'lAir, T JHL C X53JLY, JTJ2CE tff li&k.
HENEY DECLARES MITCHELL. KEPT SHARP WATCH ON HIS FEES
IContlrmrA rrfttn Fir. Trp . I nmval f t Vi Hon uiliuflnn T In f ittCtl
.. i . T
fense objected to the testimony of Tan-
ner because he -was a self-coiydcted per- 1
Jurer, but -what of the man who had In-
ArfA Mm m onmmtr .. rinu titiirh I
one deserved the greater measure of con
demnationthe one who committed the
act, or the man who, for his own selfish
ends, suborned him to place not only
hitnself, but his son, under the law and
destroy their honor among men for all
time to come? Under the law, the man
who suborned a man to perjure himself
Is as guilty as the one who committed
the deed. The selfishness of the defend
ant , sacrificed Tanner upon the altar of
Jiis friendship, and upon the chance that
Robertson, out of his love for them both.
would testify to save them both. Let
them argue that no credence could ba
placed In the testimony of Tanner, and
they, by that argument, branded their
own client. Tanner was the noblest man
of the two. for he had sacrificed himself
and' his honor for the good of his friend
end partner whom he loved.
In the afternoon Mr, Heney took up
the testimony of Robertson and followed
It to the end. He spoke of the interview
between Robertson and the Senator in
which the latter stated that any means
"were justifiable to . beat these people
here who were persecuting him. He
called it persecution, but the speaker
called it vindication of the law. Mitchell
eaid that anything was Justifiable, even
to perjury And the subornation of per
jury, in escaping from the results of his
crime.
Kb Disgrace to Convict a Senator.
It would be no disgrace to the State of
Oregon to convict a Senator, the speaker
argued, but It be a disgrace not to con
vict him if he had broken the law and
had betrayed his truBt It would be no
disgrace to show that in Oregon no
man was above the law.
The attitude of the defendant reminded
the speaker of the case of Lord Cllve
who, when tried for taking money against
the law. had said "By God! gentlemen,
when I think of the opportunities I
have had. I am surprised at my modera
tion" The defendant said, practically in
the teeth of the Jury. "By God! gentlemen,
when I think of the opportunities I
have had I am surprised at my modera
tion. I only get a few small checks,
anyway."
Senator Mitchell was flayed by the
tongue of the prosecutor for his selfish
ness, and his efforts to sacrifice others
to save himself.
Mr. Heney closed hiB address at 3
o'clock, upon which the court adjourned
until this morning at 10 o'clock. Judge
Bennett will open the argument for the
defense and will be followed by Senator
Thurston. Mr. Heney will close for the
Government, after which the court will
charge the Jury.
HEN'EY RESUMES ARGUMENT
District Attorney Finishes His Open
ing Address to Jury.
The stenographic report of District At
torney Heney's address to the jury fol
lows: Gentlemen of the Jury: I had reached a
point yesterday where I had been review
ing the facts that tended In my opinion
to show knowledge on the part of Senator
Mitchell, that these fees were being re
ceived by the firm, and you will recall
that I had referred to the Benson letter
of October. 4. 1801, in which it was Hinted
by Tanner that the firm was employed
and that Benson was to pay the lirm 51500.
1 had followed that up showing that Sen
ator Mitchell came here October 22: and
that h.e bad talked about the employment
of Krlbs with Tanner; and that Krlbs
told him about the payment of $10(W. and
that he declined to talk about fees with
Krlbs. He was willing to talk about the
matter of what was to be done, but he
wasn't willing to talk about fees; Tan
ner was to do the talklntr about fees; and
that he wrote a letter, a few days later
on October 22. in regard to that matter
to the department, and told Hermann
thai he would see him personally about it
when he arrived; that fie proceeded there. ;
New Employment by Kribs.
In February. 1302, there was a new em
ployment by Krlbs. and that was written
to the Senator, and there were letters fol
lowing that in March and in April and in
May. relating to the Burke matter; relat
ing to Benson having been here; relating
to the payment on the Burke matter ot
$500. ana then I wound up by reading that
letter of February 14. that letter with the
rider on it. in which he respectfully re
quests. In the main letter, the Senator to
do what he can In the matter, and in this
side letter says. "Punch the matter up.
Senator, because the balance of our fee
depends upon this."
But now, then, this all led up to a let
ter of May 12. of Senator Mitchell to
Mr. Tanner, asking him to send him a
cony of the books from the time he had
left here In November, down to the next
division day, which would be June 1 of
1902, and I pointed out that the reason for
his desiring that must be the fact that, in
February, he had been advised of these
large fees coming in in March; he had
been advised again in April: he had been
advised again in May; he had been ad
vised again as to the Burke matter; as
to the Benson matter: as to the Kribs
matter, and he himself, on the 9th of May.
had wired that he had succeeded in get
ting all the Krlbs claims to patent, which
meant, from those letters, that there was
$1000 more due from Krlbs. which natural
ly he might presume would be paid as
soon as the telegram got here informing
Tanner, and Tanner informing Krlbs-that
the claims had gone to patent; .o that,
three days after sending that telegram,
he writes and asks for this copy of the
books, undoubtedly for the purpose of de
termining from them because he had been
very careful never to write anything him
self that would show that he was to get
any share of those fees he was careful
because, as shown by this evidence, he
realized perfectly that lie was committing
a crime against the United States it he
accepted one dollar of these fees. Know
ing that, and being careful himself, he
didn't write Tanner, and ask, "Have j-ou
given me half of these fees?" but he
wrote Tanner and said, "Send rae a copy
of the books from the time I left there
down to June 3" Why? Because then
he could safely determine for himself, by
inspecting the books, whether he got his
half of each one of those fees from
Burke, from Benson and from Kribs, that
were referred to in these letters.
Mutters "Were Fresh in Mind.
Now, I pointed out that, following that,
he came here. That he arrived here on
the 1st of August; while these matters
were fresh in hU mind. I called 3-our
attention to the ract tnat ne was trying
to educate Tanner up to the point that
Tanner would not let It be known by,
anything that he put In any paper that
was to go Into the departments that he.
Mitchell, was to be interested in this in
the way of a fee. Now, there Is another
verv significant fact In a letter of April
2. 1S02. of Tanner to him about Benson,
that 1 overlooked calling your attention
to. and it Is this: Benson had an agent
in Washington, and when Benson was
here and admitted that the 1200 acres that
passed were secured by influence of Sena
tor Mitchell, and Tanner wrote that to
Mitchell. Benson said to Tanner. "Here,
I have an agent. Diamond, in Washington.
That agent is keeping track of all my
selections. I can have him call upon the
Senator and confer wtth him."but Tan
ner, was half-way educated already. He
knew that It wouldn't do for Senator
Mitchell: because he had cautioned him
not to let anybody but Tanner know that
he. Mitchell, was having anything to do
with these Arm matters, so he was get
ting a tee out of them: and Mitchell, he
knew, would be unwilling to talk with
Diamond or any other outside man. He
felt that he could trust Tanner, and his
confidence in Tanner Is demonstrated by
the fact that Tanner did go before the
grand jury and did perjure himself to save
this defendant. His confidence was not
misplaced: he could trust Tanner, but he
was unwilling to trust another living
soul, consequently Tanner, knowing that,
writes now mark you how significant
this is:
Forest Lieu Land."
Referring to the forest iea land se
lections of John A. Benson, about which
J .cid heretofore written you urging ap-
proval of the Ilea elections, I beg to
MV:" Thin Atvll ?4
"I beg to say that Mr. Bensoa called on
me yesterday, while passing through
i'ortiana, and I had rome conversation
win mm in recant to me mautr. lie
acknowledged that through your influ
ence about 1200 acres of these selections
had been naascd for oatent and that
others were on the way as soon as tech
nical objections to them, were cleared
up. He said that the principal trouoie
was in the mineral division where they
are allowed to lie Indefinitely, unless
something is done to hurry them up. He
said that selection No. 35ii was all clear
of everythlnc and should be passed for.
Satent at once. He also stated to me that
Ir. W. H. Diamond, an attorney with
umton & Gray, who had been employed
to keep track of the details of these se
lections, would keep you posted as to the
objections to the selections. I told him
that I did not think vou would want to
be known or recognized Didn't want to
be known to anyone else no. Read
ing between the lines, of course.
"Senator, between you and me
it is all right, but I know that you don't
want It known; you have cautioned me;
you have cautioned me not to let it be
known that I have a creed to secure your
services to assist in any of these matters;
you have cautioned me not to contract
for your services to this man." But, how
did these men understand it? How did
Krlbs understand it, wnen he had Tan
ner wire "I can get Influence from "Wis
consin, from Minnesota and from New
York to helD the Senator." and the Sen
ator said he did. not need the influence;
that he -was doing It well enough alone.
How Did Benson Understand?
How did Benson understand it when he
came here and said to Tanner, "I ac
knowledge that through the Influence of
Senator Mitchell. 1200 acres of these lieu
selections have been passed to patent. I
acknowledge it, and I will pay a substan
tial fee, as soon as I get home. For
what? For the influence of Senator
Mitchell that has been exerted upon this.
"But Senator. I told Benson that I knew
you" wouldn't want It known or recognized
that you re representing anybody." or
course he did not, because he knew that
he was thereby admitting to that person
that he was committing a crime, and It
was not one of those crimes where he
can rely upon the other fellow not tell
ing It because the other fellow Is com
mitting a crime also, because it is no
crime on me part of the person who em
ploys the Senator. It ought to be. In
my judgment. It is the exact equivalent
ot a bribe. But Congress has not seen
fit-to make it so. And consequently, as
was displayed by witnesses upon this
stand, men of high standing offered
money to Senators to secure their In
fluence in favor of matters. What mat
ters It if those matters were straight
ones? Perhaps they were and perhaps
i hey were not. We nave no evidence upon
that subject, -but let us give them the
benefit of the doubt and take it for
granted 'that a man like Mr. Wilcox would
not attempt to pay a Senator to get
through a crooked claim. What right
have we to believe that some other man,
who has a crooked claim, won't ask Sen
ator Mitchell, for money, to put it
through? Why isn't the insinuation made
here by counsel for the defendant in Ms
opening argument that Krlbs represents,
crooked claims? Didn't they ask Krlbs?
"You mean to say you have never beeu
Indicted. Mr. Kribs?'' Indicted for what?
Do they know that these are a lot of
fraudulent claims that Senator Mitchell
got through for an outsider? Is that
what they mean to Intimate to this Jury?
Were these affidavits, that Tanner would
have nothing to do with but got an out
side cheap attorney. Van Zant. to at
tend to; ware they crooked affidavits?
Did they know it? Was Stratford bribed
to make a false report, and did they
know it? How did Tanner know at all
in advance what' Stratford's report was
going to be, as shown by these letters?
Xo Comfort There.
If they can draw any comfort out f
those intimations, gentlemen, they are
welcome to It for this defendant. If
these were crooked claims. It tnere was
any reason to suppose they were, or any
motive to nut them on inquiry tn regard
to them, then the defendant here Is all
the more guilty because he sold that In
fluence of his as a United States Senator,
with Commissioner Hermann, for money
to get through crooked claims. Then he
winds ui the whole matter bv savins.
atter telling him that he knew he would
not want to be known or recognized as
representing him or anyone in these mat
tors-he doesn't say tnis is my .natter.
Senator, as you know, and I told Benson
that this was my matter and that you
had cautioned me that I was not to mix
you up in this matter, and that I was
net selling him your services, but my
own services, only, and that you were
getting nothing in this matter; not one
word of that rt In here; not one word
in repiv to this letter telling Tanner.
and not mine; remember that I can take i
no part of It; don't put anything In the !
rtemembfr. Tanner, those fees are yours
mix me up In it by putting my name
on any brief. Don't mix me up in It by
putting my name in .any paper that is
to go in the department," but not one
word about "Don't mix rae up in it by
giving one any part of the fee. You ean
give me all you want. I am earning it
and I feel cafe in taking it, as long as it
comes through you."
Calls It Sophistry.
Now, there will probably be consider
able argument, the pureK sophU.tr.
tnat necause tnis letter winas un witn
a promise "ho promised to send me a
check for a substantial amount of the
from that that the whole of the fee was
to go to Tanner. Now. what more nat
ural form of expression and Tanner
uses It interchangeably and Tanner,
mark you. is getting agitated on the sub
ject about not to mix Mitchell up but I
say to my partner, "Well, Jones was in
this morning and retained me In that
case of his "Is that so? Well, how
much is he going to -pay us?" "Well,
he agreed to pay me $5000 down." would
my partner understand from that that
he was to get no part of It? Isn't that
the usual form of expression? Doesn't
one partner say to another, in the mer
cantile business, or who has a ranch -if
they are in partnership In it. "I have sold
a thousand tons of hay to Mr. Jones."
He doesn't think to sy. "our bay"
every time he is talking, but it Is per-
fectly understood between them, and in
ihi fflr of tha first letter In retrard to
Benson and no evidence that there was
ever any change In It or any talk be-
tween them, it should not go that way,
in which he tells him that Benson naa
ml..j. tYtm. . 1 In. nnj. ,IC. .
Arm and suggests that he tell the Com-
mlpsloner that the firm is interested In
it and that the fee is ours and Is to be
S1SC0. how can you construe this letter
taking the other language in it, "he also
stated to me that Mr. Diamond." but
1 "u don't want to be known In the mat-
ter. and he acknowledged that he owes
the money because you. your influence
ot through tne I2w acres. He is tanc-
ing about the fee to "me" for ".our" in
fluence in getting tnrough the 1300 acres.
There can be no question about it, it
seems to me.
Thought of His Fee.
Now. we have Tesched a point where,
in November, after Senator Mitchell had
returned to Washington, which he did
on October 3. JSK. Tanner writes to
Mitchell in regard to the Kribs lieu se
lections, and he encioeed a private letter
which I read you: "I hope you wilt
punch the matter up all you can. as part
of our fee depends upon getting tbete se
lections approved.
On December 9. IKE. another payment
was made by Benson and entered in the
books: and the usual division of the fees
took plate In January. HKB, including that
whereby Mitchell got his half 'of that.
Now. then, on May 18, 1938, Mitchell re
turns to Portland. And now we come to
the place where Mitchell again examines
the original agreement of partnership. Ho
returned to Portland May 13. 1903. and he
remained here until September 7. 19CC.
about four months. Now. during the
timeth&t he was here Robertson testifies
as follows:
'Q. Did you see the daybook which is
before you there, the exhibit which Is in
evidence here, during that timer
"A. I did. yes.
"Q. Did you see it during that time in
the hands of Senator Mitchell?
"A Yes. sir.
'Q. Under what circumstances? State
what he did and what you saw?
"A. He Just called far the.books and
wanted to look over the business as
iwtnv hv whirM van r-.r me with miv meni ior mm. i rememoer aiier wkikk mc huk mci tiuu ni.uru a. iuiui - i 1 c
part of "it and don't deposit any part of 1 ever It he asked me about the agree- t ure and 1 would take my pencil nd fig- J had toW him he could bring .Ma wire ami
it to mv credit." No. he never thought . menu" ! ure out the month for him." Now. let daughter back with him. Later on. when
v..r. i. .1 C;: ...... l.' ..VC.s:'. vr.. wvi.. . ju I . turn tn .n. nr th halaiw-M anv Tanner writes that he is sendlntr the'
Vi Litv. uhi lf iiiunhnv mj di ii. u ivn I I ....... ' J ' ... - I - . . - . . ,
ice uiuiuuca wc iu uic iiiauri, twicu nr i gui n ior mm. ana ui&i ia uic ume a tQ know how they flgurcd it. what did I Keep .uiicneii s name out ui an pup.ers ; veruici oy ma l conciuaioa. or waciner
reached San Francisco, which I presume J made that copy of the agreement for j ne have to do? "What did Robertson that had to go into the Department, you will permit yourselves to be dragged
he will do." that that shows, and that 1 him.' I remember after looking jover it i i,o,-. . m.i h have tn rn Hk to i Tanner replies on February 2o as fol- t away from it and consider the question I
Senator Mitchell must have concluded t he ajked me about the airreement. and i .u. , vA. t r-nm-v t-. ti. lows: "Dear Senator: ReDlvintr to vour I
DISTRICT ATTORNEY
I r ,
I i i nnuwUtt - . iikm-iL q r rF- iiisssm i n iniii ! n ' i wjP'v x
i i mwiwkx u v7jw s.v vr . ifiwr i it t vca-.tv h- -r; i
j m sr ' ' 1 t" 'ft. i
t
usual. And I got It for him and that Is
the time I made tnat cony of Die agree-
he ask about the - agreement? Because
Having looxed it ever, and having ngureu
over how the balances were made up on
the end of each month. It occurred to
him to look at the ttgroement again and
pee If he was getting alt that was coming
to him out of those service?.
Wanted Xo Copy.
And he looked at the agreement again,
1 us se what Robertson sav
! "He Just called for the book and wanted
to look orer the business as usual and I
J 1 went and borrowed Judge Tanner's
copy and made It for him from It." Q
"During that period ot time, m far as
you know, did he do any of the business
of the Arm of Mitchell &. Tanner?" He
was asked on cross-examination. "Well.
there is no evidence here that the Arm of
Mitchell & Tanner had any other bust-
ness than this land ofiice business. I
wish there was. They were careful not
I He didn't have his there and then he j iionthly. No. S3.. $150: Pac. Sts. Tel. Co..
asked Robertson to make him a. copy of : ;0. $35 jte.;o; Guide Pub. Co.. No. 836. $1; '
it and a copy of It was made. Now. let office rent. $50: A. C. Spencer. No. SW. i
a about tnat: I m. , 1
10 ass ju-.kc ia.n.rr him. ou.mci me , undisputed testimony tnat wnen ne went
firm of Mitchell & Tanner did. Now. , through those books he called Robertson
why? Why. we may Infer. 1 think it is ; n on several different occasions and
a fair inference, that it they did the asked Robertson: "How did they reach
anfiwer would hurt. I think it Is a fair these figures? Show me how." He wanted
Inference from their failure to ask him to see if he was getting his full share,
what other business the Arm did, that , and they go back through it and Rob
during that time the Arm did not make ' ertson showed him how.
expenses on any oiaer ousmess. iney
3i!
talk about the business of the Arm
t the time, and they assume that that firm.
wan dn1r.tr an l!nn.it.t iM-KlneM- and
and
that consequently that trifling amounts
' obtained from Krib would not be noticed
( bv Senator Mitchell. But if the Arm
wasn t doing any outer business, and If
. .h.nl' , . . . JU flMt AT t.
f month wnen Krlbs hadn't paid anything
In was no check at all. but a deficit, be
cause the firm bad run behind in its ex
penses, why. it is easy to sec that when
he receives the check for $709. he would
wake up. and If had been receiving
(letters siylng that Kriba is going to pay
, in $1000 and another letter that Krlbs had.
i paid in tvm. ana on toe nrst ot the next
month he gets a enecK for 7S0 and that
Arm nadn t been doing sum a rushing
business he would naturally say to him
the S7S come from
seir. w nere aid
this month r and he would naturally -say
r. T.imAr wjui i i Mm itinf
a part of that $h, alt right."
Evidence Ruled Out.
If they were doing a $S6.ttO business a
inrmlti vhr than mlrtit HI ?-.. A
Now. it is not our fault tbat you do not
know just what business they were do-
tn- V. ..... n-. nfT.nu. t Via. -MrM. on.
it was ruled out on their objection; so ascertain If a due proportion of the net t Auence of a Senator is In the Depart- i took place, according to Robertson, after month of October he inspected then con
you can not Infer from our failure to 1 proceeds of the Arm had been given him?" i ments. j October 30..13W. The agreement ebang- siderably; he called on nU saould think.
prove it that it must oe in their favor.
j iou have the right to draw the inference
from our offer to prove It and from their
objcctlftn to it. If you draw any Infer-
ence at all. as an mtereace of tact, that
i . .v. i. ... Ji.n..,.j ti ..!
mony that he had the books in there for
several hours In May. IKS. and continued
to be here in town until September. 1S03.
is undisputed. Now. furthermore: "What
..r..-i- Af T-tninatmn thiv bv tm.
,der cross-examination, "did he give the
books, to far as yoa know?" asking Rob-
ertson. A- He naa them in his office
there and In going in and out I raw he
would be looking over them and Inspect
ing them. I don't know what particularly-'
"Q- lYou don't know what his in
spection went to or how general it was of
tne accounts la the books, do your "A.
it is because It would operate again:? I went into 177a and gave aio. alter sun- ' penorms as a senator, it is just exactly f ioox. nis one-oait ei wo una proceeds , new aicrcV, " , J""t . "f-r c.
them. I -trading what appeared there oA the ; that sort of thing that this statute is I for the month of October, including: this tween them. Q. But it .was after the Sta
Now. what did be -want the books for I books .as having been paid out-$SSJ0. Do aimed at. That is the sort ot thing that , J3X paid on October 3. Now. they may of October, 12M A- Yes sir. I should
to Inspect if it were not to see who the they claim that Senator Mitchell-needed j destroyed the greatest empire the world , talk about Mitchell's business methods as ' say it was after the 20th. Now. the pur
dlents of the Arm were and what bus!- 1 assistance to make that subtraction and I has ever known the Roman Empire. . much as they please; he has shown by ppae of the question, o.. taking it after
niMta th firm van Anine Thf h ma i aa- v..- two? Th.ri if he heloed him "When Its Senators became corrimt. when, these contracts that he knew how much I the 8th of October was " get It after
HENEY MAKING HIS ARGUMENT
BY HARRY MURPHY
j The only thing I know Is that sometimes
as I say he would call me in and ask
one of them and let us see what that
meant.
Bills Paid by Check.
There Ir a page that Is in evidence. 161.
July X IXC $730 payment to Tannsr and
Mitchell's check. $733. Now. then, what
aDoears there in that balance that he Is
I going to figure:
faia loiiowinr dihp ot cures; iris iii-
i Hodson Co., No. S33. $19.f0; Pacific
I Total receipts! $1730 Are they set out
1 there? No. Consequently if he wanted
the month to show what money was paid
out? No. There It appeared right there.
Did he have to go baciCto the month to
show him where they got the $17? Yes.
If he went back to the month to see
where they got the and to show
Mitchell where they got It. they had nec
essarily to Mad those items, xney naa
tn wt irium th mnnv cam. from
i jt was prominent; there couldn't be any
J mistake about It. Now. then, there Is
Knew Where Money Came From.
! Now. he couldn't how him exceot to ro
back and go through Item by Item for
: that month and show him where tne
f money came from and that that money
! added togetner maae tne iitJJ tnat is
our there in the balance. Then the one
half of that was the check for $7S which
he had received the tag for, which he I know. Judge, that I am to have no part
had receipted for. Then you tell rae he I of the fees In any Department business:
didn't know that ho got his share of j I cannot take any "part of the fees. I am
what was paid in by Krlbs. and shown not in the business." Oh, no. He simply
there on the face of the book and shown ! says- "I hope the Arm name was not
what It was for Look at that July pay- i signed to this brief, as you know I
menu "Fred Kribs. for services and ad- cannot possibly practice before the De
vice in reference to timber lands pur- partment as a lawyer. I am willing to
chased In the Roseburg land district," ; help along" help who along? "Help you
. . j . L -. !.,.. - t T. t. r. . n alMnr A if. vhftf T - TV fnr- vrrt. t-
lull 9 lucu 1. 111 -. It-1 it-1 vi. w.
-v. it i-ii -,-.. r. Via mfr tn timber lands
S in the Roseburg land district without
mentioning Krlbs name, and when
i i I . . n 1 1 Ttnnni3nn nixix n4.rirci.iv -lilt-
taKes tne USt up Witn iJie lina Uluce.
There Is the entry $1000. the biggest Item;
ana Certainly It must UlC oigKESi 1 1 .--
in thor tecau.e the total Is $1730 that
I was received, and there Is $l0O of It from
! -..--.it.- T.il . .V Via HMn T Ifnmr"
j Now." then, he was looking up the monthly
statements, the question is. "He was
I i .!.! .... ,v, .ftntVilt r -. f rfta r. t tn
I Answer: "That
sir. to ascertain
the nroceeds of
to him." Certainly
! the assistance of
I . I 1... v.ir V V. ir mlflf, HaoV
' through' the Items and talcing each Item
I that was paid Into the. una, $1000 from
(Kribs. $300 from this one. $CO0c 5-$173X
Now. Mitchell left for the East on
I c.nMmhr 7 after ivMru. here f otrr months.
i where he had access to these books for
j the whole four months. On January i.
1?H. Kribs mattes anotner payment ot
ts nn thtie California lieu selections
and with It the Senator Is written to by
Tanner to have him take action- On
January IS. 1993. Lee Sue employs him and
pays a retainer of $30. in this matter
Tansar writes explaining to the Senator
s my understanding, yes. : a man wno is a lawyer and wno occu- ' isg me Business ana aiiawizig isaner i as manj- as xwt w ua 'k'-ii1-
If a due proportion of I plea a pubMc position cannot divorce him- three-fifths to Mitchell's two-flfths. where "bring the books to him. Q. Do you re
the Arm had been given ' self from his business as a lawyer if he It had been before that half and half, was member what dates In October? A. weH.
Inly be did not require continues to keep It up and receive fees made on November 1. 13M. and on Novem- ' in the mter part ot tae moatn. waue ne
Robertson to see if two as a lawyer for his services which he ber 2. ISOi. the very next day, Mlteael! and Tanner were talking of making
AT THE MITCHELL TRIAL, AND OTHER SKETCHES
j that the Chinaman claimed h had been
in and had seen the Senator himself be-
brief. Mitchell rcntics on February IS.
1S&I. as follows: "My dear Judge: I beg In the State of Oregon, is not of a suf
to acknowledge the receipt of yours of ; flcleatly high standard that it may be
the 13th Inst.. Inclosing copies of some said that no man Is above the law. You
affidavits." etc "Judge. I notice the copy I will have announced to the world that
of 1 be brief you sent me has no names the State of Oregon has no objection to
as attorneys signed; it simply says 'at- j graft tn the United States Senate. Yeu
loraeys for applicant. I hope the Arm will have assisted In stopping the wheels
name was not signed to this brief. As of piytgress in the United States under
you know. I cannot poaalblv practice be- the guidance of President Roosevelt,
fore the Department as a lawyer. I am whose merat Influence, la now being ex
wllHag to help along all I can as a-j erted to stop crime ot this character
Senator In a proper way; but let me throughout the United States,
know at once whether my name was put ' It is. for you to say, when you have ex-
to tne brier; as it must do wunurawn at
I once If It was." Tanner was pretty v
educated by that time; that was lsOi;
well
favor of the ISth of February, making
Inquiries as to whether briefs In the case but two objects. The first object is. tha j 0r the proceeds of that month had been
of Ao Yok and Lee Tong were signed ; reformation of the particular criminal. I made on June i. 1S04. and that fee was
by the firm or by me Individually. I beg And students of criminology all agree and ; jCO MiteheH remained here from July
to say that it was signed by me Indi- concur in the belief that the reformation j 2X until November 15. fcKH. about four
vidually. and not in the firm name. I have of the criminal cannot bo accomplished t months, and during that timo Tanner
been careful to avoid signing the Arm by punishment In 2 per cent of the cases. ! xook hp with him the question of chang
name to any matters of that kind in the , Consequently. S8 per cent of the objects i ag division of the proceeds. Let us read
Departments, and will continue to do of punishment In criminal cases is to de- ' Robertson's testimony. "Atter he left
so." Of course, since writing that first i ter others from doing likewise, to set an a-re n September. 1808; when did ho
Benson letter in October. 1S01, In which bo , example that will stop others in the same (Mitchell) next return to Portland? A
wrote it so broadly, and afterwards, af- t position from committing similar crimes, i think he earn a back here (this is rross
ter being cautioned, he still wrote, and ! When the crime is of the nature that this examination on July ZL 1904. We had
told him about what Bepson said as to t one is. I appeal to you as good citizens -of not brought out thi3 evidence at ail on
having Diamond call upon blm. and had this Republic, who love Its Constitution , the direct examination of Robertson. Q.
wired and wanted to use other outside that has been established by our fore- . How long did he remain then? A. He
Influence for Krlbs. and so on. he was I fathers, that if you do value this evi- remained until the 13th of lost November;
still being called down; but now ho had deuce, that If you do believe this evi- j from the 21st of July to the Kth of No
got pretty careful. He siys: "I have not t dence convicts this defendant beyond a vemher Now mark you. we are crowd-
put your name on any Arm brlef3 for the
Department : I have been careful about
that." February. 1S0I. The Burton case
was read here. It occurs to me it is a
matter of public notoriety that the con
viction of Burton was along about that
time.
Now. let us examine this letter a little
bit. What does he say? That. "You
v. IT. " v . .-.
aonallv. Judire"? Oh. no! "I am willins
! to help along all I can as Senator; I am
t willing to help all Arm matters along all
. run n aeLaiur. jl raauui uncucr u
; a u)cr, out jl cam ajvca w a ecu-
, ator." which. by the way. is
imr awe cui-vii c iu axij vi iuc cub-
I ments. because the Senate Is a part of
the appointing power that appoints the
t h Aa r nf TVnartrnfiiti! And it In a nart
i of the power that passes appropriations
t for the use of Deparments. Ve all know,
. In J vonorrtl wav !() (War orfnl tho In.
Vit- m-mTirA tn r V fm -frtr- unr.
Ices performed In the Senate, then it
, was that aagnlAcent structure went to
pieces and fell of its own weight- "We
j are- facing a similar situation In these
ITnlted States, itentlemen. The eves df
the world, of the wnole united states
, especially, are upon this case, watching
t to see wueiner tne ciuzrns ot wregon
are tn favor of the enforcement of the
laws. Because If. from the evidence In
this case you reach the conclusion that
this defendant is guilty, but because his
counsel weep and cry before you and ap
stal to xau Xer ysLathy, you ce.clt
!
4 1
i
t ;
t
f J
I
t l -
I
t
4 I
i
i '
t
I
t
7 1
J '
!
I I
?
'
T
t I
i l
! t
him. I say to you that by that acquittal
(and. If you are convinced from the evi
dence that fee is guilty, the United States
also convinced from this evidence as
published), you will have convicted the
State of Oregon. You. by your verdict.
! will have declared that the citizenship
' ammea iqm evidence ana reacnea & con-
! elusion, as to whether It has been proven
to or not. whether you wilt be guided In your
onlv of the defendant's future. Bear in
' mind that mmlshment for crime can have
' reasonable doubt, then by your verdict
i place the seal of condemnation upon graft
in me ueiiaie oi mc i imcvi ataics aaa
let this be the Arst step or rather the sec
ond, ior toe nrst nas aireaay oeen taaen.
because Burton had already been convict
ed of a similar offense, let this be the sec
ond step toward the stepping af that graft
and hold our public servants responsible
to us, the people.
Examines Further Evidence.
Now let us see what further evidence
there is. That he bad knowledge of this
last payment that was made is October.
1301. by Kribs. On May 13. lSH-and I ant
golRg to show you that immediately after
, ; - - .
1 came here and was here azaln for about
tnis tetter was written, senator -VllteHeii
: four months, and that while he was here
i Tanner and ne tooic up tne question as to
. -vuclmc. mu kciuwk a mko
, couubu. ywi ui mo uiius y(uusr-u-us ut
i not and 1 propose to show you now that
wi iuui w ij o juwiku cjk.
a mined these books
aisiQcu lacse qoojls ior uic purpose ol c
J termlning whether
I Tanner's remlest 1
he would consent to
that he be allowed
i larger proportion of the fees than one-
i hall, lihis payment was made on Octo-
I hup ft ISOf. This dlKu(i!on btSH-t them
Via nrl nnt af th. Arm huiln ttA
took two-thirds before he went to the
Senate, as shown by the contract In evi-
! dcce; after he went to the Senate, when
he was to be away from here the greater
t nart of the time, he took, half and half
, with Tanner, ana in ish. alter an this
; business had been done through the years
. iac ana u-jo. jiaiucr jb ua. ue aiuia
.,..- ...;! nnnn two-flfth. and thi
Atths. after Mitchell had for four or Ave I the eptry In the boois staring hint ta the
days gone through the books. Now h I face when he gpes through them for the
had gone through the books for what pur- purpose of the agreement.
sul For the purpose ot detaraBiainx l Then why didn't he refuse to take mt
, undoubtedly where the business was cost.
tag from.
If Mitchell went through the books for
that purpose he certainly saw that entry
of October 1. 134; that money bad been
paid in. but it had not been divided, and
ae toos the division on the verr next
day, and took it in a check lit his OTn
name, took the check to the baalc and de-
pasitd it- Let us se what happened on
ilav IX 13tM asui whether i coticetl
this entry when he was going through the
books. On Januarv It. ECS. a letter was
written by Tanner to Mitchell which
reads as follows: "Dear Senator. I en
close you herewith copy of notice of ap
peal. speclScatioiis of error and proof In
the matter of the appeal from Hermann's
decision rejecting our appfecation to select
Neu land la the Cascade forest reserve,
etc If we eon wki this ease we can. as
catemplated. oharge a big fee for serv
ices in the matter."
Before Land Department.
Now. that let a matter peadtos befora
the Land Department, and Mftes exam
ination of Tanner. I aked aim t$ts
question: "I call your attention to a
letter written by you to Senator Mitchell,
the sentence whre it says. If we can
win this case iye can. as contemplated,
ebarge a big Us for services to the mat
ter. Had you any conversation wtth
Senator Mitchell In regard to charging x
fee in that matter prior to that tima.
January M- K-3S?" "A. Yes. sir; I had
That relates to that appttcation of the
California & Oregon Land Company to
select inmmnity na wiimn ine iore;z
reserve, and I hod talked wtth him. and.
had discussed to some extent the ques-
Una of law involved in the matter, and I
told him that if we could win the case
and establish the right of the company
to make selection in the forest reserve.
that we would make a big fee in the mat
ter: that the company would be willing
to pay a big fee." So when. Tanner says
to Mm. "Ve can make a big fee ta. this
matter before the Land Department. he
does not say. "Why. you can. Tanner.
Atr t mn!ut - an tm EBaw. I eannot
practice a a lawyer before the depart-
mens.
Alert in His Letters.
But he is very quick and alert to- writ
to Max and say. "Keep ray name off the
i papers that are flled.
-tvw. win. oivffe uk we.? .. .
Januanr II? After having said that
r much, he proceed: If the aecretary
should sustain the Hermann cectstec. ws
want tr tkrrp bunv wav In which It can
be done to gfet the matter into theeourts
and get the decision of the Supreme
Court upon this ttuestien. Do you know
any way in which we can get the matters
into the courts and get such a decislonr,
tl.M raa ran UWW fA -1 t . P1TTtm '
-Before corapletlBSC your brief tot the
Booth wagon-road matter, await receipt
ot certain rem uic w vt
today " He was aiding in the prepara-
iion r th brtef bv sendtosr some print
ed matter which he thought wold be of
importance to tjtw in its preparation.
Another Letter From Tanner
January 2. 1W. there Is another letter
from Tanner, showing that he was edu
cated on that point, and that whlSa
Mitchell did not come back at him and.
say. "I eannot take any part of that
fee. I cannot practice in that matter
and take any of the fee." still Tanner had.
to his mind the fact that he put his
name n the brief: "Dear Senator: I
have received the record? which you
kindly sent me in the wagon-road Beu
selection matter." etc. I am mailing
yeu a copy of the brief, whieh. If you
can find the time to took over, wlU
see covers the points suggested in your
letter, and I think raakea the case suffi
ciently clear to entitle us to a reversal o
Hermann's decisioB. If. when you loot
over the brief, yoa aee or think of any
thing else which you think should
urged on the Secretary ofthe Interior,
and will notify me. 1 can. of course, sub
mit at any time within t days, a sup-
I ' vidual name to the brief, for the reason
that I did not suppose that you would.
i care to practice as attorney for the
selector m the ease."
Not for the reason that this is my fee.
' or my case; not for the reason that you
t told me. Senator, when we talked this
over aoout tae irc c
that you. could not take any part of It.
but "I have signed my indtYiaual"name to
th brief for the reason that I fllT- not
think you woukt want to appear as . at
torney in the Department." Of course,
he knew tha' he did not want to appear
as attornev in the Department, because
it was a crtns. if he was getting a part
ot .the fee. "1 wtoh by sill means you
would see the Secretary of the Interior
personally and give htai the benefit of
your knowledge." etc Now. morally,
what a. beautltul disOsctlen: "I left your
name off the brief. Senator, because I
thought you would not want to appear.
TVc are going i get a big fee in this
ca.se if we win. but if you can go per
sonally as a Senator, divorced from your
profession as a lawyer leave your kvw
ver's clothes at home and. appear there
only In Senatorial garb and use the ar
guments ot a lawyer, use all that Is in
this brief and all that you can add to
it that may be suggested by your lega
acumen, and urge upon the secretary and
argue to him. the law. and get him to
paita It. If possible. Senator, because as
m AntimTia.te It. when you have done
! this, tot your Senatorial garb, then you
I can resume your garb as a lawyer and
we will divide tee tag tee mat con
templated setting. Another Htestratloa
merely of Dr. Jekyll and Mr. Hyde.
Returns to Portland.
July 21. l&X. Mitchell returns to Part
land That was immediately after theaa
matters had been happening. The entry
was made la the books on May 13.
The werk had been done in 1008. and this
was a year later before- they got the fee.
I suppose the fee was not forthcoming
iiatn th Tn.i ;r- vtsus determined. Mltch-
.u ntma nn Tniv t and the fee had
t . .n-Lri Tn. .1 1S04 and the division
j jg pretty rapidly upon the Indictment
, aH( the appearance before the- Grand
i Jury in December. ne remainea. nera
until the middle of December and he was
back here before the uraaa jury De
cember within a little ever a month,
the 2M of December. I think he got bade
here, and met Tanner on the train and
had these talks.
Why Was He Anxious?
Now mark you. why should he. the. mo
ment he met Tanner, bring np the propo
sition as to Krlbs and want to know what
Kribs was going to do? Here was why It
was. Before leaving here tn the last days
of October, between the 30th and the
first day of November, he gees through
these books for the purpose of determin
ing whether he will asrree to Tanners
proposition of a change in. the division, of
the proceeds. Let us now proceed with.
imiwiuu" .
; brought out
testimony on ut$ eoibl.
on cross-examination oy
themselves: "Q. Durins that time, did
the same general condition continue as to
bis seeins constituents and transacting
t
t
a . his public business here? A. Yes, sir .
j Q- During that . time, so far as your
knowledge goes, did he inspect the books
I of th- Arm? A. XCS. Sir. dUTtng- tne
the Krlbs navment W3S made. The Wit-
ness. thinking they wanted to prove it
, after the Kribs payment, because they
j were going to argue to you that yoa
I ought not to believe r KoCrtson. says.
I "Yes. It was after; it was Between tfas
20th and the 1st of November when tha
agreement was signed.' Now. we wanted
to ptove tbaj It was after: and thy brinx
this out inemserves- . ay cio wc want is
- f after? Beeanse. If It was after, there is