use: mm. tMimtm PRICE FIVE CENTS. VOL. XXIV ISO. 7. PORTLAND, OREGON SUNDAY MOttXIXG, FEBRUARY 12, 1905. PAGES 1 TO 5 44 PAGES OWNS COLT A, Manner Confesses to Perjury. TELLS ALL IN COURT False Testimony Given Before Grand Jury TO SHIELD J. H. MITCHELL Senator Had Not Received Il legal Fees,- He Said. PLEADS GUILTY TO SAVE SON Heavy Blow Glven to Mitchell Cause When False Partnership Agree ment to Cover Up Deals With . Krlbs Is Proved. A SUMMARY OF DEVELOPMENTS. THE CONFESSION Judge A. H. Tanner, indicted for perjury In regard to bis testimony before, the grand Jury, makes a confession by pleading guilty to the oharge, and gives testimony in open court which blasts the .hopes of Sonator Mitchell, hte partner. THE MITCHELL, LETTER A letter tent by Senator Mitchell through his private secretary". Harry C. Robertson, to Judge Tanner, is delivered to 'Mr. Honey and tb grand Jury, and its -con-:cnts points plainly to the Senator's suitt. TnE KKIBS CHECKS Tnref checks, in the possession of the Government, show plainly that Senator Mitchell re celved money for his services In ex porting claims before the general land office. TIiE TANNEfT-'ARDON It Is Mated by Mr. Henoy that Judge Tanner will b pardened for his offense by President " Roosevelt, after he baa testified In the Government's behalf at tho Mitchell trial in April, provided there be a trial. THE MITCHELL CASE HOPELESS It is considered generally that the con fession of Judge Tanner has dealt a death blow to the cause of Senator Miiohcil and that there is absolutely no hope fer anything but conviction In bis eae when it comes to trial. There Is a growing belief that the Senator will not etand trial. The Government Is triumphant in its Jand-raud investigations and the case of Senator Mitchell is hopeless. The Sen ator's law partner, Albert H. Tanner, in dicted on February 8 for the crime of perjury, went before the Federal Court jesterday and entered a plea of guilty. The scene was a dramatic one, im pressive and sorrowful. Judge Tanner, whose Indictment came as a sudden blow to the public a short time ago, en tered the courtroom, haggard and -worn and boved as by the weight of years. " ith him was his son, to shield whom the plea was about to be made. Fol lowing both was Harry C. Robertson, iiie secretary to Senator Mitchell, hose testimony had wrought such a nange in the .hopes of his employer ( and ills employer's partner. Seamed lines of sleeplessness cut the J fai-e of the- self-convlcted Judge and brought out the suddenly noticed gray of his beard and hair as he took the stand at the call of United States Dis trict Attorney Heney to enter his plea of guilty, to acknowledge himself a perjurer, and to tell what he knew of the entanglement of himself and of the guilt of his aged partner. Judge Tanner's loyalty to Senator Mitchell led to his predicament. When Senator Mitchell returned from "Wash ington to demand the opening of the grand Jury-room door to him in Decem ber it was Judge Tanner alone who met his associate in business and stood by him during the days of his suspense here. Later, when tne Senator had been once brought before the court by Indictment and was about to face r. more damaging charge and one in which tho evidence was overwhelm Ins:. it was Judge Tanner who went before the jury and sought by false oaths to shield his friend from further humil!a tlon of crime alleged. When. xn January 51, Judge Tanner was taken Into the jury-room for his testimony, he told a 3tory which had been agreed upon In many of Its de IkIIf when Senator Mitchell was In Portland In December last. He said that there had been an agreement made between himself and the Senator by which the Senator was not to receive any fe from firm work before de partments of the Government,. and that i this agreement had been made on March 5, 1901. He introduced this agreement In evidence before the Jury and swore that it had been written on the date specified. He said that to the best of his knowledge the Senator had no bank account in the city, and that no moneys due him for work done by the firm or by him had ever been turned into his account. He brought up the subject of the work done for Fred erick "A. Krlbs- Jn expediting claims in the - General Land Oflice. and said that the Senator had never received any sum for this work, all of which had been put to his (Tanner's) account He exonerated the Senator, in short, from any and all iflegal actions which were pointed at by the previous testi mony introduced before the jury. Tanner's Story-Proved False. At this same time the Government was in possession of evidence which tended to show that Judge Tanner was not telling the truth as he knew it. Tho contract which he introduced was known to have been written in Port land In December last instead of on March 5, 1901. Tho fact that Senator Mitchell had a bank account was proved by the books of tho bank with which he dealt. The payment of the sums owed by Krlbs to the Arm had been traced through the firm account of Mitchell & Tanner in the bank and through the books of the office to the accounts of Mitchell and Tanner sep arately. In every material detail the Government, through United States At torney Heney, W. J. Burns and the se cret service officers, was able to show that Judge Tanner had perjured himself in an -effort to shield his partner. On the strength of his showing, the ETand Jury voted an indictment against not only Judge Tanner, but against his son, Albert 'Tanner, Jr., but neither of these were made public. The day fol lowing this action of the jury Judge "Tanner was sent for and was con fronted with his situation. It was made plain to him that he had i been indicted for perjury, and some of the evidence against him was told, but still he held firm and fast to the story as he hold told It. Then he was informed that his son was about to be Indicted along with him for his offense, or would be If he persisted in his course, and it was then that the father began to falter where the man would not He pleaded for time and j asked that the indictment be not returned against him until the arrival of Harry C. Robertson, the private secretary of Senator Mitchell. He pleaded for mer cy for his son and asked to be allowed to bear the burden, as he had been re sponsible for any wrongdoing on the part of the young man. But he was not given encouragement, ond the day previous to the arrival of Mr. Robertson the indict ment was made public. Still Judge Tanner held to the wreck of his plans and refused to change his stand, saying with tears In his eyes that his story was true, but It was the we latlpn of Mr. Robertson which at last broke him down and brought him to the feet of the court for mercy. Robertson Tells of Original Contract. Mr. Robertson, it Is said, went before the grand jury and told what he knew of the original contract entered Into between Judge Tanner and Senatpilitcliell, which contract he (Robertson) had written at the dictation of the two members of the Arm. Mr. Robertson also brought with him a lettei from the Senator to Judge Tanner which told all too plainly of the Senator's guilt and left Judge Tanner "t alone under. the burden of his false effort to save lug friend. After his testimony. It Is said, Robertson went to the Judge, and when he told him where matter stood, the latter Broke down at last and came to the Government for forgiveness. . Indicted Man Pleads Guilty. And so yesterday the indicted man made known his wish to plead guilty to the ' charge against him, knowing It useless to do otherwise In the face of the over whelming case of the Government, and in order to save his boy from the reflected shadow of hie wrongful acts. And in this Instance be placed himself on record against his partner, and told of the guilt of the former in words which, though veiled, admitted of no doubt in the minds of those who heard them. Judge Tanner was sworn, and entered his plea of guilty before the court Then he, at the request of Mr. Heney. took the stand on behalf of the Government The District Attorney handed the witness a copy of the spurious contract of partner ship. "1 hand you," said Mr. Heney. "a con- (Continued on Page 10.) TWO MEN WHO A. H. TANNKKJ ! STILL DENIES IT Mitchell is Unmoved by Tanner's Action. HE WILL NOT RESIGN Says He Never Received a Cent of Illegal Fees. IS COMING HOME IN MARCH Representative Williamson Makes No Comment, but Will Return Soon as Possible Confidence in Mitchell Shaken. OREGONLAN NEWS BUREAU. Wash ington. Fob. 1L In spite of Judge Tan ner's confession and corroborative testi mony by other important, witnesses. Sen ator Mitchell persists In his profession of Innocence of any wrongdoing in connec tion with the Oregon land frauds. While still showing the terrible strain under which he has labored for the past six weeks, the Senator Is not depressed by the sensational news from Portland tonight. On the contrary, he appears in bettor spirits than usual. At a late hour this evening he had received no direct word from Portland relative ' to Judge Tannor's confession. When shown a press dispatch telling of this confession he seemed rather amused than worried. He appears to regard today's developments as merely a new chapter la what he des ignates a "conspiracy to dofamc him." Senator Mitchell has no intention what ever of resigning his seat In the Senate. He will make no change in his original plans, but will remain In Washington un til March, probably until after the In auguration. He Will then go home and prepare to face Ihe jury and the charges which have" bten brought against hint. This he, Intended to do regardless of Tan ner's confession. He Still Denies His Guilt. Senator Mitchell this evening gave out the following statement: '1I Judge Tanner ever received any money for any business he transacted for any one in connection with land matters, and placed It tcr my credit or any part or IL he did' it without my knowledge or cow-tent; directly or indirectly. It was out distinct understanding soon after ray elec tion to the Senate last time, that I was to have no Interest whatever In any business he might do In connection with depart mental matters. 1 have never received, with my knowledge or consent, a single penny or any amount whatever for any services rendered by me or Judge Tan ner, or by the firm of Mitchell & Tanner, for services rendered by me. Tanner or the firm in connection .with any land mat ters or any business before a Govern ment department, and this I believe I can establish In a fair trial to the entire sat isfaction not only of the Jury but of the people of Oregon and the entire country. Tn talking about his partner's confes sion. Senator Mitchell showed no bad spirit, gave no evidence, of ill temper or excitement: but, when he was asked if, in the light of this confession and corrobo- FIGURED IN YESTERDAY'S Kl GUILTY TO JPJbRJUKV. rativo testimony, he would resign his seat in the Senate, he displayed considerable spirit "Resign! No, I Won't." "Judge Tanner and all the rest of them can confess as much as they please," he exclaimed; "their confessions cannot hurt me. "Resign! So. I won't resign. I have not the slightest intention of resigning. I am going back to Portland before the court meets and to face all charges. I ; don't know what Tanner's confession L, but if he has told the truth it won't do me I the slightest Injury. Tbcro seems to be great interest In my future course Just now, especially with regard to my seat In the Senate; but I am going to hang on. I am not going to resign. That's what they want me to do; but I'll fool them." . When the news of Tanner's confession was first received In "Washington at S o'clock tonight efforts were made to see Senator Mitchell, but he could not be found. He had not gone to his rooms tor 'dinner, nor could he be located at the Capitol. Some apprehension was felt that he had had early word from Portland and had left town, but he turned up about 10 o'clock. He had dined with friends. When he reached his rooms he had had no ) advices of today's developments and was . surprised to learn what had transpired. ' He 'appeared more Interested, however, in the.news of Williamson's Indictment than In the news concerning himself. Other Senators Suspend Judgment.. Senator Mitchell's standing in the Sen ate is not affected by Judge Tanner's confession. He Is In the same position ! now that he occupied after first being In- I dieted. The Senate Is not ready to hold j In view of the growing evidence against him guilty or Innocent, but will wait for Senator Mitchell, the Oregon Legislature the courts to determine whether or not" raay not adjourn sine die next Friday, the Indictments were properly reudered. i and Republicans of the two houses will If Mitchell la cdnvlctcd It will be iu- probably caucus at Salem this week to cumbent upon him to promptly resign, decide what to do. . Such a conference but until he has been declared guilty by a la suggested by Speaker Mills, who re jury the Senate will give him the benelit gards Judge Tanner's testimony as hav- of the doubt as It does every Senator In similar circumstances. It has done this In the case of Senator Burton, who wa3 not only" Indicted but convicted. Burton's case is still pending in the court, and un til :t Is finally passed upon the Senate will not deny him hte membership of that body. It is very apparent that Judge Tanner's confession has shaken the confidence of many men In Washington who up to to day believed Mitchell Innocent and who accepted his own statement as true. But no one will publicly comment on the case In Its newest phase. There Is little known tonight to permit Mitchell's friends to ex press an intelligent opinion. The meager facts at hand convey but' a slight Idea of the nature of Judge Tanner's confession and of the corroboratlvo testimony. Senator Fulton was seen tonight, but would make no comment whatever. lie said that in his position and under the circumstances he could say nothing. IT .HAY BE BALFOUR'S XiAST j i King Edward Will Open Parliament With Imposing Ceremsny. " LOKDON. Feb.lir-Pariutnint wus open next Tuesday, when King Edward, with picturesque pomp, wlU .go from uucKingnmii .ruutcc iu tYesuuiuaier. where he will deliver the speech from the throne amid the Imposing ceremonial that Is customary when the sovereign Is pres ent on this occasion. This spectacular feature will be the curtain-raiser to a grim struggle of long or shbrt duration between Prime Minister Balfour's administration and the LlDeral opposition. It Is confidently stated that dissolution, of the government will come, even within the limit of debate on the re ply to the address from the throne Japanese Buy Dakota Oats. MINNEAPOLIS," Feb. 11. According to Minneapolis elevator men who operate throughout the Dakotas, over 2,000.000 bushels of oats have just been bought up by the agents of the Japanese govern ment. Cold Water and One-Cent Car Fare. CHICAGO. Feb. 11. Oliver W. Stew-; art was today nominated for Mayor by the Prohibition convention. In addition to prohibition, the paltform declares for 1-cent street-car fares. DEVELOPMENTS IN THE LAND-FRAUD CASES g. ". tFJJLLIAMgOX. XEFXKSBNTA TIVK. INDICTED 'ON CHARGE OJT U0NJlTXON ofbejuuxy. ADJOURN OR NOT New Enigma Faced State Legislators by CONFERENCE MAY OCCUR Judge Tanner's Confession Af fects the Solons. NEW -PROBLEM TO; SOLVE Present Aspect of Affairs Points to an Adjournment and Calling of Extra Session Views of Prominent Legislators. ing put a new aspect on the case and who leans to the belief that the Legis lature may be constrained to set a date for an adjourned session. President Kuy kendall looks at the matter the same way: also Senator Hodson, Senator Malarkey, Representative Vawtcr. Representative Sonnemann. Representative Gray and oth ers. , Following so closely the resolution of confidence which the Oregon Legislature adopted, against scarcely a negative voice, the confession of Judge Tanner amazes the members of that body. Several in-, fftiential Legislators, who advocated adop tion of the resolution, said yesterday they would not have done so had they been aware of what was impending. A sore perplexity how confronts them, and though It seemed bad enough before the resolution was adopted, now It Is worse, because reconsideration or rscindment ' would amount virtually to a declaration inac- Lno iSMia.ture oeueveu in senator i iitcueti a guilt and wisni I so that a Repuhlican i lh Mature for might br ' chosen the unexpired term, and not a Democrat, by Governor ihamherlaln. j President Kuykendall Talks, j President Kuykendall. when interviewed at his home at Eugene, by lOng-distanca telephone, was very much surprised by Judge Tanner's recital of facts and said that if the situation was as detailed In that evidence, Oregon Is confronted with a great emergency. "And," said President Kuykendall. "the Interests of the state are certainly para mouut to those of any Individual." and laid stress on the necessity of an efficient delegation in Congress. President Kuykendall went on to ' say that Oregon has been without effective representation at Washington, so far as Senator Mitchell is concerned, for several months. The dilemma he thought would be plain to Senator Mitchell, and he be lieved the Senator would take suitable and considerate action. "It Is possible," he continued, "that the Legislature may have opportunity to elect Ssnator Mitchell'? successor before ad journment, though I want It understood that I do not speak advisedly on this point. If the Legislature shall not have that opportunity, my opinion, without having had time to consider the matter fully. Is that the Legislature ought to adjourn to a later date." "Do you think an effort will be made to Induce Senator Mitchell to resign?" "I cannot say definitely, but that is pos sible." Speaker Mills' Opinion. Speaker Mills, at his home lost night. I expressed himself in much the amc sen- j timent The advanced years and the frail health of Senator Mitchell, aside from the astounding testimony of Judge Tan ner, he regarded a a serious perplexity in themselves; the addition of the sensa tional evidence ho considered as present ing a difficult dilemma. Mr. Mills was forceful In declaring that if the charges arc true. Senator Mitchell's duty was to resign and to enable the Legislature to elect a Republican successor. But what length the Legislature should go to make sure an election by the Legislature Mr. Mills would not discuss, though It was plain from hia talk that he regarded mat ters. as much changed slnco the adoption of the resolution last week. "Should It be necessary for the Legis lature to take any action." said he, "a proper procedure would seem to be for Republican members to caucus on future plans, before the date set for final ad journment next Friday. "A serious problem confronts Repub lican members If Senator Mitchell cannot explain the circumstances of Judge Tan ner's testimony and the letter brought by Harry Robertson. Senator Mitchell's long service has entitled him to full opportu nity fcr explanation, and the public should meanwhile withhold censure. I sympa thize w'th him deeply, not alone on ac count of the testimony against him but also on account of his advanced years and frail health. I have not beon a political follower of Mr. Mitchell in the past, but I believe hi his long career In the Senate he has rendered Oregon valuable service." "Do you think the Legislature will ad journ for good next Friday?' Mr. Mills responded: "I hope a- satis factory explanation can be given us be fore Friday, ao that the Legislature will not feel constrained to hold an adjourned session." Other Soions Give Views. Representative Vawter, of Jackson County, one of the leaders on the floor of- the House, knitted his brows when asked what the Legislature ought to do. "The situation Is very serious," he re- (Concluded on Page Seven.) CONTENTS OF TODAY'S PAPEB TI '.Veather. TODAY'S Fair anil continued culd; northerly wind a. YESTERDAY'S Maximum temperature. 2B deg.; minimum. 17. Precipitation, none. Developments lu Land Frauds. A. IL Tanner confesses to perjury committed In order to shield John II. Mitchell. Paso 1. Confemion is a havy blow to Mitchell cause. .k Pat 1. letter of John M. Mttelrell to A. 11. Tinner give'. Government damaging evidence. - -Pii&Hh .- V .--"--$-Representative Wllliamaun 1; indicted on charge of subornation of perjury. Pas 1. Legislators dtecuza adjourned Ee?a!on in view of developments. Page 1. Senator Mitchell still denies hH guilt, says be will hot realm, and Kill return In March. Pago 1. J. X. Williamson will return to face charge as soon as Congress adjourns. Page 11. War in Far East. Russian 'Vessels ordered to leave German port In Africa. Page 6. Japanese capture a bill on Hun River. Page 6. Peace rumors !nled, though peace sentiment grows in Russia. Pa:e ti. Rumor Uiat Grlppenberg may resume his com mand, and that Kuropatkin la incapacitated. Page 6. . Affairs In Russia. Czar tells Count Tolstoi bo Intends to call national congress. Page St. Petersburg strikers keep quiet, but trouble continues in Poland and the Caucasus. Page 2. Strike break? out at locomotive bop at Khar kov. Page 2. Foreign. King Edward to open Parliament on Tuesday. Page 6. Sultan of Turkey may send Ambassador to the pop. Page 15. National. The Senate amends arbitration treaties agalna: President's iotest. to assert its dignity, then ratine them. Pago 2. J House pases bills to reform steamboat in spection service. Page 3. Bill will pass dividing Oregon into tiro judicial districts. Page U. House leadens adopt plan to kill Senate amend ments to statehood bill. Page 14. Domestic. Fire damages historic Casino Theater in Xew York and causes panic among chorus girls. Page S. Great Are in Chicagu business block. Page X Pacific Coast. Extreme cold weather in Oregon. Washington, Idaho and Montana. Pago T. W. II. Miller denies he poisoned Nelson Else. Douglas County farmer. Page tf. Superintendent f Penitentiary James a&nlts partial truth of charges to legislative in vestigating committee. Page '. Railroad Cammihon bill will appear before Washington Legislature early tu week.. I.Rf 7. Fire causts J500.000 lam In Seattle. Page 14. Commercial nsd Marine. English expert's opinion of hop market. Page IS. Steel stocks decline under realizing. Page 10. Chicago wheat market quiet hut firm. Page 15. Bank fttateraent shows surplus redueed to lowest point of year. Page 15. Cold checks demand for cured fruit. Page 15. British ship Lonsdale nxt cargo vesjel due. Pge 1. Portland and Vicinity. G. W. Smith, round dead la cell of City Jail, may have ben murdered by his cell-mate, for whom police are now looking. Page 12. School teacher obJcr to new wage scale formulated by the Board Education. Pog IS. Decision is rendered in Wells-Forgo Bank case against that conrern. Psge 1. Joe Fior'.bello. murderer of Amelia SIriannl. is t!U at large. Paga 12. Fir Department hept busy answering alarms; East Side residence dstroyd. Page 16. Mrs. Margaret O'Brien drops d-ad on the street. Page 14. Kentarea and Departments. Editorial. Page -i. tFlnal adventures of Sherlock Holmes. Page 32. New find of gold In Nevada. Page 30. Guarding the President 'rom assassins. Page S3 Novelties In valentines In Portland shops. Page SI. , Peck's bad boy. Page 37. Social. Page 20-21. Musical. Page 21. Dramatic Pages IS-I?i Household and. fashions. Pages 3S-33. , "TouthV department. Page 42. i FACES IS G ig J. N. Williamson Is Accused. INDICTED BY JURY Subornation of Perjury Is Alleged. PARTNER IS ALSO NAMED Dr. Van Gesner and Marion Biggs to BeTried. CLAIMS OBTAINED BY FRAUD Special Agent Discovered Evidence That Employes Had Teen Induced to File on Land In Order .to Protect Sheep Range. WHAT THE INDICTMENT ALLEGES Representative John Newton William son. Dr. Van Gsner. the business part ner of Mr. -Williamson, and United States Commissioner Marlon R. Biggs were indicted for subornation of perjury committed on June 13. 1902. by the Federal grand Jury yesterday afternoon. It is alleged in the Indictment that the men were guilty of having induced 45 persons to file on timber and atona land In township 15 south, of range 13 oast in order to preserve the land s Summer range for the WlUlamson-Gea-ner Shfep Company. It is also alleged thet these claims were taken up under contract to revert in title to William son and' Gesner at h. future date, and the money for the" ailng una" other 'jtee was rui-nlar-cd.. the clainlants by i Cesser. In addition to the 45 persons secured. Mr. and Mrs. Williamson, Dr. Gfner, two nephews oi Mr. Williamson, Com missioner Biggs and a number of herd ers in the employ of the firm of William son & Gesner also filed ou claims. The third member of the- Oregon delegation in Congress was brought under the shadow yesterday afternoon when the Federal grand jury returned an indictment against J. N. Williamson, his partner In the sheep business. Dr. Van Gesner, and Marion It. Biggs, for several years United States Commis sioner at Prlnoville. The crime alleged by tho document Is sunornatlon of per jury In having Induced some 43 fellow townsmen to take claims in township 15 south, of range 19 east, under the agreement that the land should in time revert to the firm of Williamson &. Ges ner. In order to take these claims, ic was necessary for the claimants to make false affidavits, which, It is al leged, they did before United States Commissioner Biggs. The story of the crime upon which the indictment has been returned is a simple one and not Involved. It has to do with t- township mentioned, which is clc1 .o the City of Prlnevilie, the homo of Mr. Williamson, Dr. Gersner and of United States Commissioner Biggs. Xearly all of tne odd sections in this township are owned by the Wil lamette Valley & Cascade Mountain Wagon Road Company. Tho even sec tions up to June and July, 1902. were for the most part unentered and unfiled upon. Township Used as Range. L For years this township has been used as a Summer range by the sheep firm of Williamson & Gesner. the firm having a lease from the Wagon-Road Company for the use of many of the odd sections of the township, while the even sections were used for Summer range free of charge by the Government. In the Spring of 1902 thero was a heavy Influx of timber. claimants in this portion of the state who overran Southern and Central Oregon. The greater part of these seekers after land passed through the Prlneville country by way of the stage line running through the City of Prlne ville, and a number of claims were taken l:i the vicinity of that place Mr. Williamson and his partner. Dr. Gesner. seeing the probability of their Summer range cither being taken away from them by settlers' or being so broken up by these newcomers as to be practical ly worthless, decided, so It is said,, to forestall further encroachment by a. de vice of their own. In accordance with this plan they se cured 45 of their neighbors, employcs and friends, to flic on the even sections in the township, under the agreement that the money for filing, in most of the cases; was to be furnished by.Dr. Gesner, and the land was to revert in title to ths Williamson &. Gesner Company at some future date. All of these entries were for timber and stone lands and were made before and with the assistance of Commissioner Biggs. One-half of these claims went to flnal proof, but the other half was relinquished by order of tho firm, owing to the strin gent cross-examination made by special agents sent out by Secretary Hitchcock. This cross-examination was the direct - (Conciudsd on Pags 11.)