Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 4, 1905)
JW PRICE FIVE CENTS. VOL. XLV.-3TO. 13,906. PORTLAND, OREGON, TUESDAY, JHCXY 4,. 1905. MITCHELL CASE GOES TO JURY MITCHELL GUILT! SENATOR MITCHELL AS HE APPEARED AT VARIOUS TIMES IN HIS CAREER. IT Charges in Indictment Are Sustained. 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. New Trial. THE VERDICT. 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. "Guilty." 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 chance." 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 PREME COURT. 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. Eaid: "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 Sladen. There was nothing v in Judge De Ha- IConcluded on Page 3.) JURY ENDS ITS LONG LABO 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 Their Obligations. 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 said: "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 honor." 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 now ended. 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 their consideration. 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 Oregon. 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 United States." 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 REBEL WARSHIP Russian Volunteers Start in Pursuit With Torpedo-Boats. SHE' SAILS FROM KUSTENJI t 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 Odessa. 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 ous actions. 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 'Battleship Potemkinc. 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 pected. 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 on Potemklne. 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 The Weather. 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. RdmI. 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. Page 1. Fear of anti-Jewish riots In Odessa. Page 2 Pollsh rebels thoroughly organized In revolt Czar divided between fear of revolution and assassination. Page Foreign. 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. Page 8. Politics. Tom Johnson out for President- Page 3. Taft talks on his mission to Philippines. Page 3. IJontestle- 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. Sport. ... 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. Tage 14. 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 11. Money paid for taxes taken by a former Deputy County Clerk. "Page 10. Librarians will' begin their convention to day. Page 10. ARMY LAWYER FOR BEEF TRUST Four Lines of Attack on Gov ernment's Case Against Big Packers. 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 as folows: 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 grand jury. 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 court trial. 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 regular train. District Attorney Ends His Argument 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, Marion County. H. Cleveland, farmer, Salem, Marion County. Ed Daily, farmer, Kerby, Jo sephine County. It. It. Oliver, grocer, Pendle ton. Umatilla .County. Bert Laabo, farmer, McMInn vllle, Yamhill County. J. A. Baxter, farmer, Dallas, Polk County. J. P. Clauson, farmer, Rlver tpn. Coos County. S. T. Hobart.- farmer. Silver ton, Marlon County. S. A. Carlton, farmer, Wellen, Jackson County. B. F. Grant, farmer, Harlan. Lincoln County. Frank Warren, farmer, War renton, Clatsop County. V. H. Lewis, farmer, Jewol. Clatsop County. 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.)