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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 12, 1905)
II 4 PERJURY LAID BARE BY OFFICIALS' KEEN DETECTIVE WORK THE SUNDAY OREGONIAN, PORTLAND, FEBRUARY 12, 1905. of this year, in Washington, "were you, as I a -witness before the grand jury, Mr. Rob ertson?" was the next question asked by IMr. Hcney.. "I was, sir." "Alter being- subpenaed," continued the attorney, "did you have a conversation with Senator Mitchell?" "Tcs, sir," replied Mr. Robertson: "I went to his bouse a couple of hours later, . after I ate my dinner, and told him. I bad been subpenaed." "What was the conversation?" Any Means Justifiable. "I told him," continued the witness, "1 had been subpenaed, and asked him what he supposed they wanted me for, or words to that effect. He said he pre sumed they wished to question me in ref erence to the firm business; and he then told me that Judge Tanner had been be fore the grand Jury with an agreement showing that all fees earned in the Su preme Court of the United States should ibelong to the Senator, and all fees earned fcefore the Departments at Washington should belong to Judge Tanner. I knew that wasn't the genuine agreement, and I waa fairly amazed, and looked at him, I suppose, for a minute, before he spoke again. He then told mo that he had had a conversation with the judge when he was here in December, and that they had come to the conclusion that any means were Jus tiflable to beat the assaults that were being made on them. I believe those were, as near as I can remember, the words." "And did he say they had prepared this agreement?"- asked Mr. Heney. "He didn't say they prepared the agrcc sncnt; he left the inference for me to xlraw." "Was anything said about a letter hav 5ng been received by him, or that he wanted you to get for him?" asked the attorney. "Yes, sir; ho telephoned me Sunday to go down to The Raleigh and get a letter that was there for him in the possession of Mr. Miller." "Did he say whom it was from?" "He didn't say; no, sir," was the an Bwcr. "Did ho say anything about your bring ing a letter out here?" asked Mr. Heney. "He told mo to bring a letter out here; yes, sir." "Was that letter, or was a letter de livered to you to be brought out here?" persisted Mr. Hcney. "Yes. sir." "By whom?" was the next question. "By Max Pracht" The letter was identified and the witness was then excused. Albert H. Tanner, Jr., Called. Albert H. Tanner, Jr., was called by the Government and testified to having written the spurious agreement. "Mr. Tanner, did you typewrite this pa per?" asked Mr. Hcney, handing the wit ness the false copartnership document. "Tes, sir." "When?" asked Mr. Heney. "It was during the time Senator Mitchell was in Portland. I don't remember Just when it was," was the answer. "Some time in December of 1904?" per sisted Mr. Heney. "Yes, sir," answered young Tanner; upon which ho was excused, from the stand, and the court adjourned. HOW THE CASE WAS UNRAVELED Clever Detective Work on the Part of Government Officials. Judge Tanner by his plea and his testimony has administered a blow to the cause of Senator Mitchell which wrests its hope from it and leaves it standing alone and unsupported. His testimony in court brings closer to an end the promised cases being pro pared by the Government and makes the likelihood of the April trials seem more distant still. The story of Judge Tanner's con nection with the case and' of the un raveling of the skein of evidence by the Government Is an interesting one. When Judge Tanner was called .be fore the grand jury he testified, it is aid. along the lines which would be suggested by the articles of copartner ship presented to the investigating body. He said that the firm of, Mitchell &: Tanner had transacted business for Frederick A. Krlbs, but that the Senator had not received any of the money due for the services rendered He admitted that the Senator had ap peared before the General Land Office In an effort to expedite claims held by Krlbs which were on the suspended list. but he denied that the Senator had re celved anything for this service. He held that under the terms of the con tract he was entitled to the fees com Ing from such service and that he had kept all of them. This, in brief. Is tho story which the Judge told the grand jury. But all this time "tho Government, through tho able efforts of W. J. Burns and tho secret service men, had been working up evidence against the Sen ator and what these men found threw the Judge into the ranks of the per jured. The Black Typewriter Ribbon. In tho case of the contract which was presented Mr. Heney and Mr. Burns made tho discovery that it was fraudulent one. In the first place It was noted to be written on a certain kind of paper, and with a black type writer ribbon. Investigation of this fact was made and it was proven "by the evidence of the manager of the Blake-McFall Company that the Edin ample Bond stock upon -which the 'document had been written had never been on the market in this city prior to April, 1903. The paper Is a special stock and a special manufacture of the' Blake-McFall Company, and was never usod by the Mitchell & Tanner office prior to 1903. In the pursuit of this branch of the Investigation the documents filed by the firm of Mitchell & Tanner In all of the courts of tho city and state for the past five years were collected, let ters were traced to the General Land Office and brought in and in all cases the paper had been Irish Linen Bond. Another thing which was noted was the fact that all of the typewriter rib bons were cither blue or purple. Miss Spencer, who was a stenographer .and bookkeeper in the office from October, 1901, until October, 1903, testified that during all of that time the typewriter ribbons had been always either blue or purple. Miss Burns, another sten ographer, testified that when she, went to work for the firm In October, 1903 there was a blue ribbon on the machine and that she used the same color until April, 1304. A. IL Tanner, Jr., testi fied that there was a blue ribbon on the machine when he went to work for the firm in April, 1904, and that it was not changed for a black one until about three months ago. Tanner, Jr.'s, Bad Spefling. And so by this chain of circumstances it was shown that the contract of co- 3XTDGE TANNER TLEXDS FOB 3EERCB7UI, JUDGMENT BY THE rUBU-C. Judee Albert. H. Tinner made the fol lowing statement to a representative of The Oregonlan last night: "No one knows the torture I have en dured since January 31, -when I made a. statement to the rxand Jury concern ing the date of the copartnership agree ment between Senator Mitchell and my solf. The last ertraw came, however, when I learned that the Federal grand Jury was preparing to Indict my son, who had written the agreement between Senator Mitchell and myself, on the typewriter, for perjury and when 1 learned that tho agents of the Govern ment were In possession of the facts proving that tJao document was not signed March B, 1901, as I had sworn, hut that it had been prepared and olgned last December." "Judge Tanner, do you expect to tes tify against Senator Mitchell?" waa asked. "res, I expect to bo called as a wit ness in the case against Senator Mitch ell, and I -will toll tho whole truth, regarding the business of tho flrm, -without regard to consequences. "I trust that the people of Oregon, among whom my whole life has been spent -will not Judge me too harshly In tills matter. I realize that I have made a frightful mistake and committed a great wrong, but mitigating circum stances, which, -when understood by the public, as they -will be in time, will, as I believe, free me from any deep or lastlnc condemnation." partnership written with the blacK ribbon and dated March C. 1901, was in reality written during the visit of Senator Mitchell to Portland in Decem ber, for it was afterward proved that the black ribbon was brought to Port land from Washington by Harry Rob ertson and put on the machine because A. H. Tanner, Jr., liked the appearance of the work done by that color. 'At the time young Tanner was In the jury room Mr. Heney did a little detec tive work on his own account. In his examination of the copartnership agree ment submitted by Judgo Tanner, Mr. Heney had noticed that two words, sal ary" and "constituent," were misspelled, the first being spelled "salery," the sec ond "constituant." Mr. Heney therefore dictated two sen tences to young Tanner, namely. And his salary as a Senator shall be his in dividual property," and the second, "Ex cept such as ho might properly do as a Senator in Congress for any constituent without charge." In these sentences the words "salary" and "constituent" wore misspelled as in the documont, thus showing that Tanner, Jr., had written the agreement, and proving that it had been written subsequent to its date of March 5, 1901. In the meantime the officials of the banks with which the firm of Mitchell & Tanner did business had been examined and these testified to having received checks from Frederick A. Krlbs payable to the firm which had been deposited to the flrm account. These checks were produced in evidence, there being three of them In one particular instance, one for $600, one for $500 and one for 51000, covering tho fees agreed upon between Tanner and Krlbs for having expedited and passed to patent 70 claims at 525 each; the first check for 5500 being partly paid for other services, but 5250 of the sum being for payment In the deal under which Mitchell was indicted some days ago. It was also shown by both tho hooks of tho firm and of the bank that these sums had been equally divided between both members of the firm, thus showing that tho Senator received one-half of the fees for the work which was done in get ting the claims through to patent. In the face of this evidence nothing could be done except to bring the Indict, ment against Senator Mitchell for his unlawful dealings and against his part ner for his perjured testimony before the grand jury But It was not until, Harry Robertson came to Portland and produced the orig inal agreement, or a copy of It, that Judge Tanner thought of pleading guilty, and then It is possible he might not have taken such action had he not been told that the letter which had been Intrusted to Max Pracht by Mitchell and in turn given to Robertson to hand to Tanner had been turned over to tho grand Jury. The knowledgo of this fact and the rev elation of something of the contents of the letter to him brought the Judge be fore the court with his pica for mercy for himself and son. Tanner Will Be Pardoned. It is understood that this action of Judge Tanner in making his plea of guil ty and in becoming a witness for the Government will draw from President Roosevelt a pardon for his offense. This is stated by Mr. Hcney, but it is also stated that the pardon will not bo issued until after the Mitchell trial, if there be a trial, and if the Judge has given his testimony In behalf of tho Government. "When the Mitchell trial is ended, then Judge Tanner will be pardoned by the President. SENATOR MITCHELL'S DEFENSE Sweeping Denial of All Charges Against Him. Following are the salient extracts from Senator Mitchell's answer to the charges against him, made in the Congressional chamber at Washington, January 17: "I assert In tho most positive and un qualified manner that each and every one of these charges, in so far as they relate to or Involve me are absolutely, unquali fiedly and atrociously false, and I here and now indignantly and defiantly de nounce their authors, and each and every one of them, and brand them publicly as malicious and atrocious liars. "I assert, furthermore, in the most ab solute and unqualified manner, that any 'and all etatements by any person or per sons to the effect that I ever, at any tlmo or place, entered Into a conspiracy with all or any of said persons, or they, or any of them, with me, to defraud the United States out of any part of its pub lic lands in the State of Oregon, or else where, either by false or forged home stead applications, affidavits or proofs, are absolutely, unqualifiedly and . atrociously falec, and I defy my defamers and chal lenge them to produce any evidence, other CHANGE IN CONTRACT BETWEEN MITCHELL AND TANNER LED TO PERJURY CHARGE AND CONFESSION On March a, 1901, Senator Mitchell and A. H. Tanner, his part ner, drew a copartnership agreement or contract for the govern ment of their business. This contract was dictated to Harry C. Robertson, at that time a stenographer in the office or Mitchell & Tanner, and now the private secretary to Senator Mitchell. When Senator Mitchell came home in December lust to demand a hearing before tho Federal grand jury, he discussed the old argeement of 1901 with Judge Tanner, and it was decided to amend It. This was done as is shown in the paralleled columns following. The amended contract was dated March 5, 1901, and it was this which was produced In the grand Jury room by Judge Tanner on January 31. Both contracts were alike in every particular and contained the following provisions: That said copartnership between said John H. Mitchell and A. H. Tanner for the practice of the law be continued under the firm name of Mitchell & Tanner. That the net proceeds derived rrom said business shall bo divided equally be tween said parties on the fifth day of each and every month. All expenses of said business shall first be paid out of the gross receipts of said business and the net profits shall be. divided between suid John H. Mitchell and A. H. Tanner as follows, that fs to say, said John H. Mitchell shall be entitled to and shall receive half of the net profits and said Albert H. Tanner shall be entitled to and shall receive half of the net profits of said business. Sworn statements made by Judge Tanner before the Federal grand Jury caused the perjury charges against him. The Important extracts from the original and amended contracts follow: FR03I TIIK ORIGIN AI, AGREE MENT OF MARCH B, 1001. It is understood and agreed that the Interest of each of th'e parties to this agreement as to all services rendered, all moneys received and ail business done by the firm, shall be the equal half thereof, except that for any services which may be ren dered by said Jchn H. Mitchell In the City of Washington, D. C. EITHER TN THE SUPREME COURT OK THE UNITED STATES. THE COURT OF CLAIMS. OR BEFORE CONGRESS. OR ANT OF THE DE PARTMENTS, shall bo the Individ ual matter and claim of said John IL Mitchell, and all fees so earned by him in either of said courts or before Congress or any of said de partments, and his salary as Sen ator, shall be the Individual prop erty of said John II. Mitchell, and the flrm shall have no interest there in. But for all services rendered by the firm or either member of It In any other place save and except as above shall be considered flrm busi ness and the parties equally Inter ested therein,. THE FALSE AGREEMENT OF DE CEMBER, 1904, DATED MARCH 5, 1001. It Is agreed that the interest of each of the parties hereto as to all tho services rendered, all moneys received and all business done by the firm shall be the equal half, thereof, except that for any serv ices which may be rendered by said John H. Mitchell In the Supreme Court of the United States shall -be his individual matter, and all fees so earned by him in said court and his salary as Senator shall be his individual property, and the firm shall have no Interest therein: and that for any and all services which may be rendered by sold Albert H. Tanner before any of the depart ments at Washington. D. C, or any of the branches or bureaus thereof, or in the land department of the Government, cither at Washington. D. C. or at Oregon, or elsewhere, shall be his individual matter, and all fees so earned by him shall be his individual property and the firm shall have no interest therein, and said John IL Mitchell shall not bs required to perform any services therein except such as he might properly dS as Senator In Congress for any constituent without charge. than that of condemned thieves, forgers and perjurers, to. sustain any such charges. "And I here indignantly, with all tho force I can command, denounce the pub lic statement of S. A. D. Puter that he, on March 9, 1902, at Washington, D. C, paid mo two thousand dollars (52O00), in two one thousand dollar bills (51000), as willfully, maliciously, unqualifiedly and atrociously false, and I denounce the said S. A. D. Puter this self-confessed and duly convicted land thief, forger and per jurer, who, with his associates, facing the penitentiary as having under promise of leniency or clemency, made by Francis J. Heney, prosecuting officer representing tho Government, made this Infamous and atrociously false charge against me for the purpose and with the expectation of saving himself and his convicted partners in crime from deserved punishment. "Now. Mr. President, having said this much by way of general and specific de nial, it Is proper I should state precisely what connection I ever bad with this man Puter and the" lands In question, and also somo of the circumstances connected with the actions of the grand jury, and publl- Rosebnrg, Oregon, igo. No. Pay to Srirst Slatinnnl 35ank of lloseburn. WJcJ4f jL or S m 'viiiii. I Roseburg, Oregon,. , 1 90 No I 2rir$t IMstional !Bank of ,3?oseburgt ' Pay to f I fr Tfo " T DoThirs. ; 1 cations in the press of the country, of tnese false charges. "I now state, I have not the slightest recollection of having ever seen or heard of S. A. D. Puter until about March 1 or 2, 1502, when ho called at my hotel in Wash ington, D. C, and presented to me a letter of introduction from Hon. F. P. Mays, a prominent attorney of Portland, Or., and for many years former United States Dls trict Attorney for the district of Oregon. and against whoso high character I had never heard a word or Insinuation." After describing the manner in which he met Puter and Emma I Watson, the frauds and Francis J. Heney's inquisition, Senator Mitchell continued: "What, therefore, is the case against me? Here is the statement in open court by the prosecuting officer of the Government, on the trial against Puter, Watson and others, that what I had done for Puter and Watson, in getting their cases advanced for consideration. was simply that of a public officer serving one of my constituents who had been recommended to me, and -which action on my part is now con strued into a- badge of crime, and this construction of my action is sought to be supported by tho testimony of a condemned landthlef, forger and per jurer, seeking to save himself and his partners in crime from the punishment they deserve. "In conclusion, permit me to state I have for the last forty-four and one half years been a citizen of the State of Oregon. For about one-half of that time I have been a member of this Sen ate, and now in my 7 0 th year of age, I am nearlng tho close of my fourth full term in this body. Until this time, not to my knowledge, either openly or by innu endo, has any charge ever been made against my integrity, either as a man. member of the bar or as a member of this Senate. "I am deeply humiliated and inex pressibly grieved when I realize that acts of kindness on my part for per sons I supposed, and whom I had a right at that time to suppose, were honorable citizen's of my state and re spected constituents of mine, and who had been recommended to me by a let ter from a friend of mine, a former United States District Attorney for the District of Oregon, and who at that time stood as one of the leaders of the Oregon bar, with a reputation without a stain, should be considered a crime on my part, and that my acts should be thus wholly misconstrued and sought to be supported by the testi mony of a convicted and perjured land thief and my name placarded In every newspaper in the land as a conspirator and bribetaker. "Were it proper at this time to ask an investigation of the charges against me by this body, I would gladly move In that direction, but In view of the fact that an indictment has been re ported against me I deem it my duty to first respond to the claims of the court. But I trust and believe the time will come when I can with propriety demand of this Senate a thorough in vestigation of every one of the charges made against me. "I have been declared by unproven charges to he unworthy to remain: j longer as your associate, and, being J conscious of the absolute rectitude of my actions and of my Innocence of all wrong, I have deemed it not only my right, but my duty to myself and to the members of this Senate, that I should come here and thus publicly deny all charges which I know to be absolutely false, and also to explain publicly the acts upon my part which I admit, and which are now invoked by the "prose cuting officer of the Government and by a portion of the public press, as badges of crime. 'What public man. I inquire, is safe? What private character, however free from stain, is secure, if such innocent public acts upon the- part of a public man .may be distorted and miscon strued into badges of corruption and fraud?" Concluding, he said: "It is the duty of the Government, I concede, with all its energy and power to investigate, convict and duly punish all violators of the law, all corruption In office, in both low and high places. But I emphatically insist it Is no part of tho duty of the Government or any of Its public officers and conservators of the public virtue, to knowingly miscon strue the public acts of a public man and thus seek to distort and convert them Into badges of dishonesty And this, I positively assert, has been done and is being done In my case. "In conclusion, permit me to declare that the representatives of any gov ernment who will tolerate or permit this, much less sanction it, are un worthy of the exalted positions they occupy. "As for myself, I defy them here and now to produce any evidence worth a moment's consideration which will connect me in any wrongful manner whatever with any land frauds In Ore gon or elsewhere. "Now. having said this much in ex planation of and in answer to the charges against me, and thanking you all sincerely for your courteous atten tion. I will not further Intrude on your presence." son and several herders In their employ and Commissioner Biggs. Subornation of Perjury Charge. The exact allegation against the .men indicted Is "that they procured 45 men to file on the lands and by thus doing suborned them to commit perjury by filing false affidavits of entry and settlement and residence, and also by their affidavit to the effect that the land was being taken for their own use and benefit, when, in fact, it was being taken under agreement to deliver title to the firm of Williamson &. Gesner. The .bonds of tho indicted men were placed at 54000, the samo amount which has been required of all other persons in dicted by the present grand jury for con nection with the land frauds. toscBurg, reaon, iyCV Z1 Kffi First National Batik of Rosebunr. pay to ty ' O or inrq, $ 20 Dollars FACSIMILES OF CHECKS PAID BY FRED A. KRIBS TO M1TCIIEIX & TANNER FOR EXPEDITING CLAIMS IX GENERAL LAND OFFICE. The originals of the three checks reproduced herewith were paid to the flrm of Mitchell & Tanner by Fred A. Krlbs for work done by Senator Mitchell In Washington and Tanner in Oregon, in expediting and passing to patent 70 claims, sus pended for investigation by the General Land Office. Thirty of these claims were bought by Kribs from Puter & McKinley and were notoriously fraudulent. The flrm was to receive 525 for each claim passed. Out of the 5G0O check 5250 was due for expediting claims., the rest for other work. The other checks were all paid for work before the Department of Public Lands, making a total of 51750. Too checks were each indorsed "Mitchell & Tanner" and the amounts realized were deposited to the firm's credit and afterward divided equally between the two partners. Bright's Disease and Diabetes News Office German Democrat. San Francisco, Feb. 5. 1905. To tho Editors of Oregon. Dear Sirs: For many years an edi tor myself. I address you by request and as a simple duty to attest the genuineness of the recent discovery in this city of the cure for Bright's Dis ease and Diabetes. A great discovery lias unquestionably been made. It Is fraught with so much Importance and Is so hard to believe that those who are personally cognizant should add the weight of their testimony. I not only know by contact with many of the beneficiaries, but was my self rescued from Bright's Disease. After my own unexpected release I wouldn't let my frlencs rest, and, sev eral took the treatment and recovered. One was Charles F. Wacker. the Sixth- street merchant. He had diabetes and thought he was going to die. He got well and passed for a 5o000 policy. I say to you as a brother editor that those of your friends who have dia betes or Bright's disease can recover. I will be glad as one of many survivors out here to give further Information. Tours. &c, CHAS. II. ENGELKE. We sent fdr the Fulton Compounds to which the above refern and now have them in stock. They are the" first cures the world has ever seen ror enronic unsnt s uisease ana uiaoeies. We are sole agents. Free pamphlet. WOODARD, CLARKE & CO. When to suspect Bright's Dtoease puffy ankles or hands weakness without visible cause Kidney trouble after third month fall ing vision one or more of these. J. IT. WILLIAMSON" IS INDICTED (Continued from First Page.) cause of the discovery of the fraud, so It is said, for Special Agent P. H- Swift sent out by mall a number of lists of questions which wero to be answered by 'the prospective landowners. These questions were to bo sworn to before a properly qualified officer and. having filed before Commissioner Biggs, the claimants went to him to have their cross-examination administered. In this cross-examination it was stated by a great many of the claimants that Dr. Gesner was furnishing the money for their filing and other fee3. This cir cumstance aroused suspicion and an In vestigation was ordered, when it was shown that but few of those who had filed on the land were In possession of sufficient funds to secure a timber and stone claim which costs by the time patent has Issued, about $500. It Is said that Mr. Williamson and Dr. Gesner carried a surveyor's chain over the township In order to locate the lines and corners so that filings could be made on the lands before the commissioner. Among those who filed on the lands in addition to those who were procured by the firm were Williamson and his wife. Dr. Gesner, two nephews of Mr. Wllliam- W1LLIAMSON IS COMING HOME Refuses to Discuss Indictment, but Will Return to Answer Charge. OREGONIAN NEWS BUREAU, Wash ington, Feb. 11. Like Mitchell, Repre sentative Williamson has had no direct advices notifying him of his Indictment, His only Information was contained In brief newspaper dispatches. Mr. Will iamson, when seen this evening, showed the same calm demeanor which he has displayed from the very first day hl3 name was mentioned in connection with the frauds. Ho Is entirely at his ease, ap parently unconcerned and not surprised. "I was prepared for this by what I have read in The Oregonian from time to time," he said tonight. "I do not know the details of the indictment and there fore have no comment to make. I intend to clear up important business now on hand and just as quickly as possible shall return to Oregon and see what there is to the charges against me. I shall not go back Into the House of Representatives while I rest under Indictment," Buying of Pacific Cdast Company. SAN FRANCISCO, Feb. 11. A special dispatch to the Chronicle from New York says that Harrlman and his associates have steadily absorbed tho bulk of tho offerings of Pacific Coast Company stock for weeks, a fact that Is supposed to havo a bearing on the readjustment of rail way relations that Wall street generally believes dependent on tho termination- of the Northern Securities litigation. Tho Pacific Coast Company has valuable ter minals at Seattle and it might be that these properties have an important bear ing on the dormant project for extending the St. Paul Railway to the Pacific. Joint Commissioners for Canal. PANAMA, Feb. 11 Dr. Charles A. Cook has succeeded Chief Justice Ponce, who yesterday was appointed by the Pa nama government Joint Commissioner with Frederick Boyd to act with the Joint Commissioner for the United States Gov ernment In the building of the Panama Canal. Destroyers Go to Join Fleet. ALGIERS. Feb. IL Tho Russian torpedo-boat destroyers Prosollvy and Prou zltelny, after having been repaired, left here today to rejoin Rear-Admiral Ro jestvensky's squadron. Electrical Strike Is Ended. PARIS, Feb. 11. The strike at the Edi son Electrical Works here has ended. And many other painful and serious . ailments from which, most mothers suffer, can be avoided by the nse of "MOtHlf S Fritlf. This great remedy is a God-send to women, carrying them through their most critical ordeal with safety and no pain. 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