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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 4, 1905)
PRICE FIVE CENTS.
VOL. XLV.-3TO. 13,906.
PORTLAND, OREGON, TUESDAY, JHCXY 4,. 1905.
GOES TO JURY
SENATOR MITCHELL AS HE APPEARED AT VARIOUS TIMES IN HIS CAREER.
Charges in Indictment
COURT ASKED TO SHOW MERCY
Jurors Agree After Deliberat
ing 7 1-2 Hours.
DRAMATIC SCENE IN COURT
Senator 3Iitchell Is present to Hear
the Verdict, and His Attorneys
Immediately Move for a.
PORTLAND, July 3. 1005. In he
case q the United States against Sen
ator John H. Mitchell, we. the Jury,
find the defendant guilty aa charged
In the Indictment and recommend him
to the mercy of the court for leniency.
G. 8TEINER. Foreman.
At 11 o'clock last night, with the din of
exploding firecrackers almost drowning
the words of Captain Sladen. Senator John
H Mitchell, who for 22 years has sat in
the Senate of the United States, listened
to the reading of the verdict that pro
nounced him guilty.
Although hard hit, a6 a man must he
under such awful conditions. Senator
Mitchell retained his composure. Tears
welled Into his eyes and his voice shook,
and, as he slowly rose from his seat, after
the Jury had been polled and court was
adjourned, he tottered and for the brief
spell of perhaps a minute the shocking
force of the verdict seemed suddenly to
unload upon his shoulders every one of
those 70 years through which he h88
passed, and he became old, very old.
With an efforCwhlcJeibite was
still fighting, still not without hope, for
ex-Senator Thurston as-soon a the Jury
was polled had moved for a new trial, he
straightened up his hent figure In a way
that seemed to say, "there is yet another
Therw was a. breathless pause when the
reading: of the verdict was finished, "and
Vben Judge Bennett arose and asked that
the Jurors be polled, Senator Mitchell
leaned a bit forward in his chair and
fiazerlv scanned the faces of the jurors
Jia had which held so tightly to his
enm pressed tighter, the upper part of the
hand covered the bearded lips as if to
stifle an outburst Steadily he watched
the jurors and listened to their answers.
as Clerk Sladen asked each if this was his
verdict He still hoped, perhaps, that
among those 12 men. whose verdict had
shorn him of honor and good name, there
would be at least one voice among them
that would answer In the negative. But
no voice was raised In hLs behalf. Ifwas
the end of hope, at least until Monday
next, when Judge De Haven will hear ar
guments for a new trial.
Mitchell Enters the Courtroom.
The news that the jury had reached a
verdict spread rapidly and when the
words were spoken, making the man
who had represented the State of Oregon
in the hall? of Congress for so long, a
'rimlnal before the eyes of his fellow
men, the court-room was well filled. The
verdict was reached shortly after 10:30.
Bailiffs were dispatched to notify Sena
tor Mitchell and the attorneys. Judge
De Haven, who at first announced that
he would await the verdjet until 9 o'clock,
agreed to wait until 11. He was notified
at once. Senator Mitchell was the first
to reach the courtroom. He was accom
panied by Judge Carey, who. until the
Senator's counsel. Judge Bennett, ap
peared, sat with him Tit the lawyers'
table. United States District Attorney
Heney was- not present, neither was ex
Eenator Thurston, although the latter
CASE WILL BE CARRIED TO SU
Senator Mitchell will not rest under
the verdict of the Jury as returned lait
night but will take tht matter to the
Supreme Court of the United States. If
necessary. Eenator Thurston, one of the
counsel for the defense, when asked aa
to the future course of the defence.
"On Monday next the court will hear
a motion for a new trial on the part
of the defense, and If that la denied, the
matter will be taken to the Circuit
Court of Appeals in San Francisco, and
from there.' If necessary, to the Su
preme Court of the United States. Of
course, other than that statement I
can have nothing to say as to what
I think of the outcome of the trial."
reached the courtroom just as the clerk
had finished reading the verdict Judge
De Haven reached his chambers at 10:5S
and at. once the bailiffs brought the jury
into the courtroom. He inquired
whether the Jury had reached a Verdict,
and Foreman Stelner answered that
they had. His' Honor then called for the
verdict, which was handed him. It was
sealed in a plain white envelope. This
was torn open, read over carefully by
the court and was handed to Clerk
There was nothing v in Judge De Ha-
IConcluded on Page 3.)
JURY ENDS ITS
Saddened, Sobered and Wear
ied by Responsibility of
Its Grave Duty.
ASKS NO PRAISE OR BLAME
Shut Away From the World for
Days, the Members Have Seri
ously and Sadly Fulfilled
HENEY CONGRATULATES OREGON.
United State District Attorney Heney
. was not present In the courtroom at
the time the verdict was rendered,
having)! gone to the Exposition with a
company of friend. Upon hi return
to the city, howeter. when asked for
a statement concerning the trial, he
"I congratulate Oregon upon the high
standard of Its cltlrenshlp as exempli
fied by the conduct and verdict of the
trial Jury which has Ju. evidenced te
the world that Oregon bolfevejj in the
enforcement of the laws of our country,
and that In Oregon no man is above the
law.. Every man who eat upon the Jury
Is entitled to have his name emblatoned
upon Oregon's perpetual roll of
The 12 men who were selected to de
cide upon the guilt or the Innocence of
Senator John H. Mitchell have passed
Into history. In the face of -public opin
ion, which held that no men could con
vict a Senator of the United States In
the Stato of Oregon, they have brought
In a verdict declaring that Senator
Mitchell has been guilty of the crime
of accepting compensation for his serv
ices before the General Land Office, and
have pleaded with the court that mercy
be extended to him in his trouble.
These men wish no praise or cen
sure, laudation or blame for what they
have done. They wish and hope that
the state and the United States will
accept their action as the expression of
their duty as they saw It and did it
It was a sad duty and a serious one. they
say, one that they would much rather
had fallen to the lot of other men to ful
fill, but having. In their obligations
of citizenship undertaken the task.
they have attempted to do what duty
and Justice demanded of them, sadly
and soberly and unwillingly, but forced
by the evidence adduced at the trial
Nothing can be learned of what took
place In the secrecy of the juryroom.
Each man of the 12 is pledged to his
fellows to retain until the end the mem
ory of the eight hours spent wrestling
with the fate of Oregon's senior in the
United States Senate. It Is sad enough
to have been forced to participate in
the work without talking of the things
done and said during that time, is the
sentiment of all. All those things will
be a story in 12 chapters, none of them
to be told.
Jury's Long: Labors.
The jury throughout 4ts incarceration
during the trial, cut off from families
and friends, without the news of the
world or the conversation of their fel
lowmcn, has been as cheerful and con
tented as might be under the condi
Hons. The men have whlled away thi
time between sessions of the court as
best they could, eating, sleeping, walk
ing and reading the magazines allowed
" ' "-
7 LmmmhbbI-AT' 77e flew 7&i. 'fcBJ H' .
them by the bailiffs and the orders of
the court. Their deliberations were
short, perhaps for the reason that
throughout the weeks of the trial the
points of the testimony have been ever
before them for their pondering and
Yesterday afternoon when the case
was given Into their keeping at 3:03
o'clock at the conclusion of the charge
by the court, the Jury went direct to
the little room across the hall which
they were to christen by returning a
verdict of guilty against a Senator of
Quietly the arbiters of Senator
Mitchell's fate went to wo'rk at their
eight-hour task. There was no noIe
and no hurry. The seriousness of the
case ar.J Its Importance demanded that
haste he left out and calm considera
tion reign 4n Its stead. Five o'clock
"came, and passed, and the Jury sent
out for dinner, which was carried to
the room in big baskets and spread
upon the long table, around which the
12 men were grouped In their effort
to reach a .verdict. Knowing that the
struggle would be long and wearying
the bailiff was asked to be careful
about the coffee and to have It strong
and black and hot.
After the moal had been endej the
dinner dishes were heaped In the bas
kets and piled In the corner of the
room while the men went once more to
their discussion. Again the bailiff was
sent for and this time It was cigars
that the Jurors wanted and a collec
tion had been taken up for their pur
chase. In the haze and smudge from
these the voting continued.
Eignt o'clock came and half past
STATUTE UNDER WHICH SENATOR
MITCHELL WAS TRIEI AND PEN
ALTY FOR ITS VIOLATION.
Senator Mitchell was Indicted
and tried under section 1TS2 of
the Revised Statutes of the
United States, .which section re
lates to misdemeanors of certain
offcers o,f the Government aris
ing from taking compensation
In matters to which the United -States
Is a party. The section
.s it reads upon the statute
books. Is as follows: -
'"Section 1782v No Senator.,
Representative or Delegate. .
after his election and during his
continuance In office, and no
head ofa department, or other
officer or'clerk In the employ of
the Government, shall receive
or agree to receive any compen
sation whatever, directly or in
directly, for any services ren
dered, or to be rendered, to any
person, either by himself or an
other.' In relation to any pro
ceeding, contract claim, contro-
versy. charge, accusation, ar
rest, or other matter or thing in
which the United States Is a
party, or directly or Indirectly
Interested, before any depart
ment, court-martial, bureau, of
ficer, or any civil, military or
naval commission whatever.
Kvrry person offending agalnnt
thin section shall be Ocmeil
'Utility of n mlndrmccnor, and
hall be Iraprineneil not more
than tno year, and fined not
more than SI O.OOO. and snail,
moreover, by convlctidn there
for, be rendered forever there
after Incapable of holding any
office of honor, trust or profit
under the Government of the
and tne strain began to tell upon the
men who were facing, perhaps, the
most serious question ever, before a
jury in the state. Again the bailiff was
eni for and this time It was headache
medicine that was requested: Head
ache medicine and a pitcher of Ice
water, both of which were furnished.
Judge Is Sent For.
Two more hours -parsed and the
bailiff was once more sent for, but this
time it was to ask that the Judge and
PREPARE TO SINK
Russian Volunteers Start in
Pursuit With Torpedo-Boats.
SHE' SAILS FROM KUSTENJI
Refused Shelter at Roumanian Port,
She Is Returning; In Desperate
Plight to Odessa Surren
der of Poblcdonostseff.
BUCHAREST, JhIj- 3. The Kb la Po
temkln left KuntrnJI thla afternoon. It
Ik Mated that she la returning: to
ST. PETERSBURG. July 4.-0:23 A.
M.) According to a dispatch received by
an official agency, the torpedo-boat de
stroyer Smcltlloy. with a volunteer crew,
has sailed from Odessa with the Inten
tion of sinking the Knlaz Potemkln.
With Kustenji and other unprotected
ports of Roumanla. Bulgaria and Turkey
at the mercy of the battleship's guns
and with the Inability of Vfce-Admlrnl
Kruger'3 squadron to interfere with her
career tacitly admitted by removing
them from commission, the desperate ex
pedient was seized upon to prevent Inter
national complications In the " Black Sea
from being caused by the mutineers.
Thlo problem for a single destroyer,
which Is difficult and dangerous enough
at. best as she will havo to encounter
both the Knlaz Potemkln and her at
tendant torpedOfboat. Is now complicated
by the departure of the battleship from
Kustenji and isnorance as to where she
will next turn up: buf the-dispatch from
uKstenJl throws a great amount of hope
on the dark situation by Intimating that
a considerable number of her crew -are
anxious to desert 'their leaders and to
escape the consequences of their mutin
The Admiralty, however, does not ad
mit the Smeltllvy has .gone on such an
errand, though the officials say frankly
that the Knlaz Potemkln must In law
be regarded as a pirate
As much as Russia as a matter of
principle would like to see the provisions
of the treaty .o Paris cloning the Dar
danelles abrogated, the Foreign , Office
would oppose the passage of foreign
warships as a temporary expedient, de
claring the occasion did not warrant
such a measure.
Foreign Minister Lamsdorff told sev
eral Ambassadors who called upon, him
to inquire as to the mfety of foreigners
that the .situation was far less grave
than pictured In some of the dispatches.
WILL SINK THE PIRATE SHIP
Torpedo Craft Sent In Search of
ODESSA. July 1 (3:36 P. M.) The fact
that the Knlaz Potemkln remains on the
high seas In charge of the mutineers Is
causing so much apprehension and un
casings to the population of Odessa that
the government has resolved to take the
matter In hand, and to show no further
hesitation, even though the measures
adopted involve the loss of the battle
ship and one torpedo-boat destroyer here,
The torpedo-boats received orders this
afternoon to sink the Knlaz Potemklne
on sight The torpedo-boat destroyer
now here was reinforced this afternoon
by two torpedo-boats, and others are ex
Sixty-seven, mutineers from. tae-Georgi
Pobledonostzeff were brought ashore and
imprisoned in the citadel.
The British Consul-General this evening
released the five vessels which had been
held Jn readiness to remove British sub
ject". The Consul-General considers that
all danger has passed.
The Cranley Incident Is ended. The of
ficials, in the presenec of the Vice-Consul,
carefully Inspected the vessel and
found no trace of revolutionists, and the
Russian officials apologized to the Consul-General.
OTHER SHIPS MAY REVOLT TOO
Admiral Fears They TVould Not Fire
ODESSA. July 3. (1:10 F M. Interest
hero today centers In the whereabouts and
doings of the nKlaz Potemkln and' what
course the Russian authorities will pursue
toward her. It seem "sto be Incredible that
the authorities will permit her to cruise
freley In the Black Sea Indefinitely. It is
reported on good authority that she will
be sunk. If good opportunity offers.
The naval authorities are of the opinion
that the best way to deal with the mu
tinous battleship would be by sending torpedo-boats
against her. especially as such
craft could be operated by u comparative
ly small number of men, who could pron-
(Concluded on Second Page.)
CONTENTS TODAY'S PAPER
TESTERDAVS Maximum temperature. SI
deg.: minimum. 54. Precipitation, none.
TODAY'S Fair. Westerly winds.
The War In the Far Eaat.
Cxar nhowii he U In earnest In peace move
ment Page 3.
Japanese army will celebrated Fourth of
July, rage o.
Mutinous ship driven from Kustenji "tart
for Odessa. Page 1.
Torpedo-boats sent to blow op the Potem
klne. Tage 1.
Mutineers on the Pobledonostseff give up.
Fear of anti-Jewish riots In Odessa. Page 2
Pollsh rebels thoroughly organized In revolt
Czar divided between fear of revolution and
Church and state separation bill pawes
French Chamber. Page 6.
Canton merchants protest to Roosevelt
against Chinese exclusion. Page 6.
Five hundred perish In flood at Guanajuato.
Tom Johnson out for President- Page 3.
Taft talks on his mission to Philippines.
Largst bank in Topeka.' Kan., falls. Page 5.
Plans of beef trust to fight indictments.
,ments. Page 1. , .
Secretary Hay's body at Cleveland. Page 3.
Tacoma takes the -ball-game, - Portland not
making a single run. Page 14.
Hart defeats Root .for heavy weight, cham
pionship. Page I4.
Schreck knocks out Barry- PR !
Pacific Coast. - -
Zllts Alice Roosevelt "prefers hotel to pri
vate Invitations. Page-3.
Local-option sustained by Supreme Court.'
Page 4. . '
Jealousy drives hired man to suicide at'
Gaston. Page 4.
Defaulter caught In Seattle. Page 4.
Oregon City an open town. Page 4.
, Commercial and Marine.
Oregon hop crop lnf-danger of ruin by ver
min. Tage 15.
Heaviest day's business known on - Front
: street. Page 15.
Flurry .In cotton market. Page-15.
Increased activity In stock. Page 15.
Holiday trade at San Francisco. Page 15.
Ship Falls - of Dee. bound for Portland,
crippled off Cape Horn. Page 14.
New llghfthlp placed off Cape Mendocino.
Lewis and Clnrk Exposition.
Attendance. 15.005. Page 16.
Sane Fourth will be celebrated at Exposi
tion. Page 16.
Portland and Vicinity.
Jury finds Senator Mitchell guilty as charged
In the indictment and recommends him to
the leniency of the court. Page 1.
Complete report of the proceedings of the
closing day of the Mitchell trtat Pages
1. J. 9 and 10.
Suffragists will make a campaign In Oregon
for the ballot for women. Page 11.
Clergy and laity sign a counter protest In
favor of Bishop Coadjutor Lloyd. Pagje
Money paid for taxes taken by a former
Deputy County Clerk. "Page 10.
Librarians will' begin their convention to
day. Page 10.
FOR BEEF TRUST
Four Lines of Attack on Gov
ernment's Case Against
WITNESSES PINNED DOWN
Government Has Verbatim Report
of Incidence Taken by Grand
Jury Could Have Indicted
Within Ten Days.
CHICAGO. July 3. (Special.) Mass
ing their millions for use In retaining
the service of an army of criminal and
corporation attorneys, the Indicted beef
barons today made their first defensive
move la their fight against the Gov
ernment by calling a great legal con
ference to plan four separate and dis
tinct attacks on the Federal prosecu
tion. Briefly stated, these attacks are
Motions to quash the Indictments
the first trust indictments ever drawn.
Efforts to get an injunction from
Judge Grosscup against prosecution
under the Indictments.
Habeas corpus actions for the re
lease of the indicted men to be brought
before the Supreme Court.
Attacks on alleged Illegalities In
drafting. and impanelling of Federal
Will Give Bail, on Wednesday.
Bonds for the ' 2S indicted packers,
"traffic officials and corporations jvlll be
furnished Wednesday noon before
either Judge Bethea or Judge Land is,
when all the defendants under the bill
will be arraigned. Most of the In
dicted persons will be present In court.
Federal Attorney Pagln told for the
flrsttlme of a coup by. the Jury in se
curing In . the grand Jury room prac
tlcally .all the evidence that will be re
quired for the trials In court.
"It was a remarkable and unprece
dented accomplishment, said Mr. Pa
gln today.' "We have heard practically
every witness who ; will be called at
the trials. The Jury had sufficient evi
dence to Indict ten days afjer It started
to hear testimony. It was then a ques
tion if the wise 'way would not be to
return bills at once. After some con
sideration It was decided to hear all
the evidence that will be required in a
Has -Witnesses Down Tat.
"The Government was fortunately
situated for this' work. Some time be
fore the Investigation began, A. W.
Godman. an expert stenographer as
well !as a lawyer, was appointed an
assistant United States attorney. A
stenographer would not have been per
mitted In the grand Juryroom. but any
member of the Federal attorney's staff
Is admitted by law. Mr. Godman, "be
ing a stenographer, was able to make
an exact transcript of the evidence
taken before the Jury. There will bo
no chnnce for witnesses to deviate from
their first stories."
Racing to Dying Son's Bedside.
OGDEN, Utah. July 3. A special train
Is racing east over the Union Pacific to
night to overtake train No. 2, which left
Ogden at 6 o'clock. On the train is I
L. Nunn, president of the Tellurlde
Power 'Company, who hap been sum
moned to Niagara Falls to the .bedside
of his dying son. The news- of his son's
illness. came too late for him to take the
District Attorney Ends
HENEY ANSWERS DEFENSE
Declares in Four Years Sena
tor Spent $72,000.
COURT GIVES THE CHARGE.
Trial Is Ended In the Afternoon,
"When Judge De Haven Places
the Case in the Hands
of the Jury.
THE MITCHELL JURY.
G. Steiner, merchant, Salem,
H. Cleveland, farmer, Salem,
Ed Daily, farmer, Kerby, Jo
It. It. Oliver, grocer, Pendle
ton. Umatilla .County.
Bert Laabo, farmer, McMInn
vllle, Yamhill County.
J. A. Baxter, farmer, Dallas,
J. P. Clauson, farmer, Rlver
tpn. Coos County.
S. T. Hobart.- farmer. Silver
ton, Marlon County.
S. A. Carlton, farmer, Wellen,
B. F. Grant, farmer, Harlan.
Frank Warren, farmer, War
renton, Clatsop County.
V. H. Lewis, farmer, Jewol.
When the trial of Senator. Mitchell be
garryeslerday morning before Judge D'
Haven, United States District Attorney
Heney resumed his closing argument for
the Government. A day's rest seemed to
have lessened the strain of the past week
and he renewed his attack tipon the ar
guments made by counsel for the defense
with a vehemence that was crushing In
its forensic force. The District Attorney
also turned his attention to the defendant
himself. His attack upon Senator Mitch
ell, while lt'was savage, was not brutal,
yet it must have made the Senator wince.
Judge Bennett also came in for a few
volts of Mr. Heney's sarcasm.
When court was convened and Judge De
Haven had ordered the discharge of the
venire which has been called for the
Mitchell trial, the District Attorney began
his argument where ho left oft on Satur
day afternoon. In a few moments he was
fairly launched in his argument and from
10 o'clock until 2:35. save for the two
hours taken out for tho noon recess, th
courtroom was ringing with his voice.
Passing back and forth from the testi
mony actually given In the case, to th?
arguments made by counsels for the de
fense, the Government prosecutor aimed
at the minds of the jury. He was there
to convince the jury that Senator Mitch
ell had knowledge and that there was in
tent. He ridiculed Senator Thurston's
plea for sympathy. He put to scorn the
picture that the gifted Nebraskan drew
of the Senator and his 16x24 room in
Washington, of his lonely walks whlla
other Senators drove In their carriages
with coats or arms. Mr. Heney produces
the bank statement, showing the Sen
ator's private account and declared that
In four years Senator Mitchell had spent
In the neighborhood of 572.000.
Asserts Mitchell's Knowledge.
District Attorney Heney was emphatlo
in his declaration that Senator Mitchell
knew where the money that the law firm
of Tanner & Mitchell was coming from.
He stated that the daybook, which had
cut such an Important figure in the testi
mony produced by the Government,
showed that, prior to October 2. the firm's
earnings were very small and he argued
that the sudden Increase In the business
done by the firm must have attracted
his attention. The speaker dwelt to con
siderable length on this point and con
tended that If the defendant was as poor
financially as he had been pictured by ex
Senator Thurston' It was all the more
reason he would have noted the Increase
In his share of the firm's business, and
as a natural consequence, he would have
made inquiry, if he had not already known
that It was Krlbs money that had In
creased his share of tho profits. Passing
from this point. Mr. Heney recalled to
the minds of the jurors the letter which
Judge Tanner wrote to the defendant In
October. 1901. regarding the John A. Ben
son claims, a letter In which Tanner calls
attention to the 51500 fee which Benson
promised the firm. He declared that the
Senator must have known his share of
his money was to come to him for using
his liffluence with Blnger Hermann.
What Mr. Heney called the defendant's
moral principles were severely taken to
task. He said the fact that Krlbs had
talked with Senator Mitchell regarding
those 40 claims he wanted expedited was
a badge of fraud that should have put the
Senator on his guard. Mr. Heney took
up ex-Senator Thurston's statement that
there was no moral turpitude In this case
and then compared the defendant to a
lawyer who would accept fees from both
sides of a case. He said that this was
(Concluded on Page 3.)