Image provided by: University of Oregon Libraries; Eugene, OR
About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (June 25, 1905)
THE SUNDAY OREGOXEAN, PORTLAND, JUNE 25, 1905. GOVE-RNMEST WITNESSE.S TELL OF MITCHELL'S ACTIVITg matter of emploj-mcnt as to whether Sen ator Mitchell -was to perform any service In the matter In Washington? A. No, dr. except possibly the Sena tor's name might have been mentioned. I might have said to him that I could get the status of the claims hy writing to the Senator for It, or something of that kind. But there -was nothing said about em ploying the Senator, or any matter of that kind except In that way. Q. Is that a carbon copy of a letter taken from your flies? A. That seems to be a copy of a letter that 1 wrote to Mr. Krlbs. Q. Did you sign and mall the original of that to Mr. Kribs, at or about the date this bears? A. Yes. sir. I did. Mr. Kene-: We will offer that in evi dence. Objection Is Sustained. Mr. Thurston: We object to this on the ground that it is Irrelevant and imma terial; also that it is secondary evidence and that no proper foundation has been laid for its introduction. It is a letter to Mr. Krlbs. Your Honor, and Kribs is a witness In this case. Mr. Heney: It is directed merely to ward the testimony of the witness In relation to his understanding brought out on the cross-examination, of what serv ices were to be performed. The objection is sustained. Q. At the time that you made this agreement with Mr. Krlbs you say that you did not intend to contract for the services of Senator Mitchell? A. N'o, sir. I did not. Q. Jidn't you expect and intend, at that time, that Senator Mitchell would do what he could to expedite the claims? Objected to as Incompetent, Immaterial and asking for a mental- operation of the witness. Objection sustained. The Talk With Krlbs. Q. Did you say anything to Kribs at the time you were employed, by him as to whether or not Senator Mitchell would do anything? A. As I have already stated, I may have said that I could get the status of the claims, find out what was in the way. If anything, by writing- the Senator something of that kind is all. Q. The only transaction you had had with Krlbs prior to the employment In .these 40 timber claims involved a fee of 55, did it not? A. No it was 150. Fifty dollars I think I have charged him for attending to that other matter. Q. That was the Coos County, matter, wasn't it? .... Court: I do not see. Mr. Heney. that that .is at all material. Mr. Heney: Very well. Q. I believe you testified that Mr. Rob ertson assisted In segregating the letters at the time that Mr. Burns came there with a subpena? A. Yes, sir, he did. Q. Do you recall as to whether he was requested to do so or not? A. Yes, I requested him. I knew he was a handy man with a pencil, and I asked him to take a list of the letters for the years, each vear; they were taken out of the letter flies for each year, and he was there and I asked him to make a list of the letters by the yqar. 1 think, and also to prepare a receipt. I think I took a re ceipt for the letters. He did whatever he did there at my request. Checks Were lalcl. Q. You were asked as to whether you knew that these checks you deposited in bank, of Kribs. were paid or not. You checked out the whole of the deposit for each month in which you deposited Krlbs' checks, at the end of that month, and your checks on the bank were paid, were they not? A. Yes, sir. Q. You checked out the whole of them? A. Yes. sir. Q. Including all that had been depos ' Ited that month? A. Y'es, sir. Unless there might be a difference of a few cents In the balance, or something of that kind. Of course our books and tne bank book did not always agree within a dollar or two, or a few cents, but practically it was all checked out at the end of each month. Q. Prior to the time that you had this conversation with Senator Mitchell in De cember, when you met him on the train at Kalama. had you heard rumors that Krlbs might be indicted? A. Possibly I had. 1 don't recall now about that. I know there was a lot of talks -about indictments of various peo ple, but 1 don't recall that I heard any thing about indicting Kribs specially. Q. You don't recall as to whether or not you told Senator Mitchell that? A. No, I don't. I don't recall about that. Q. Do you remember whether it was before Senator Mitchell wont before the grand Jury, or afterwards, that you pre ipared this changed agreement? When Agreement Was Changed. A. My impression Is that it was be fore. We wero conferring together and agreeing on a plan of defense that we could both corroborate if we were called hefore the grand jury, and my Impression is that this agreement matter was fixed up and understood between us before that. Q. Did he tell you after he had been before the grand jury, and while ho was here In December of 1904. as to whether or not he had been asked about his busi ness relations or the business relations with the firm with Kribs? A. YeV. sir. I think he did. He said he had Jieon questioned about that matter and told me in substance what he had testified. Q. What did he-say he had testified to? A. Well, he said that he had testified that Kribs had never paid him any money, that he had never had any business transactions with Krlbs, I think, or some thing to that effect. Q. What did you mean by tho words "Find if Harrv prepared partnership agreement of March 31. 1901 T' Which agreement were you referring to. the orig inal agreement or the manufactured one? A. 1 was referring to the agreement we had prepared when he was out here in December and trying to get from him an answer whether Robertson was going to corroborate us in that matter or not. Mr. Heney: Take the witness, with the exception that I would like to recall him uftcr we have obtained that telegram. Ke-Cross Examination. Q. When and whore was the conversa tion that you claimed to have had about the big fee with Senator Mitchell? A. That was at the office. Q. When? A. Oh, I couldn't tell when. It was come time when ho was out here during the recess of Congress. Q. Who was presont? A. No one but he and myself. Q. What year was it? A. I could not tell you. that. It was while this matter was pending there, I think, in the department. Q. Was it in the Spring or the Winter, or the Summer, or tho Fall? Unable to Fix Date. A. 1 couldn't say about that. Q. You don't know a thing about it? Only vou claim it was said? A. I know the conversation was had, and the case was talked of and the ques tion of law involved was disoussed to some extont. Q. That wasn't any of these Krlbs mat ters that are mentioned in the indlctmont? A. No. It was another matter. Q. Another matter entirely? A. Yes. sir. Q. Now. after you were subpenaed be fore the grand Jury, and before yen testi fied, you did not see Senator Mitchell at all. did you? A. No. .sir. I did not. Q. Or communicate with him in any way between the time you were suDpenaed and the time you testified? A. No. I did not. Q. He was then In Washington? A He was. yes. sir. I wrote him im mediately after I had testified. Q Now. as a matter of fact, you were to supervise and direct in relation to the matter of all those affidavits that were to be taken in those claims, weren't you? A. Y'es. I was to advise Mr. Kribs and tell him what was to be done, and do whatever lcgxl services were necessary in getting tli se entries perfected and passed to patent. Q. You consulted with him and kked up tho law. dld-you? A. Yes. and I called his attention to the decisions of the department with re gard to It. Looked Up Decisions. Q. You looked up the docistons of the department? A. Yes. Q. Made up your mind what affidavits were necessary? A. Y'es. sir. Q. And advised him about them? - A. Yes, sir. Q. Then when they eame back again you consulted with him again about them as to whether they wore sufficient er not? A. Yes. I think we bad a conference about them and looked over the affidavits. Q. Repeated conferences, weren't there? A. Oh. yes, he was in there frequently about It. Yes, sir. Q. Did you prepare the Plllsbury affi davit? A. I did. yes. sir. Q. (Re-direct.) Did you ever talk with Mitchell about Krlbs while the Senator was out here? A. Well, as I testified before, I Intro duced Mr. Krlbs to the Senator, and told him in a general way that Mr. Krlbs bad retained me in his land matters, and was going t have considerable business. I thought, in land matters. There was gen eral talk at that time. Mr. Hney; I want Jo raise that ques tion afterwards about the striking out of the testimony. - Mr. Thurston: If the court please, mere ly to perfect our record, and not with any view of changing the previous ruling of the court, I now move the court to strike out all of the testimony of the wltnes Tanner, on the ground that it now stands as proven In this case, that he Is disqual ified as a witness In the courts of the United States under the statutes of the United States. Cour : The motion will be denied. Defendant takos an exception. Witness excused. Mr, Heney: The court suggests that we take up this matter of my motion to rein state portion of Judge Tanner's evidence that wan stricken out yesterday. I sup pose it Is not necessary for Judge Tanner to remain, because the evidence has al ready been taken, and if Your Honor per mits it to go into the record, it can be read in again. Mr. Bennett: No, we make no question about that. The Court: My recollection is that the ground upon which tho testimony was stricken out was that it did not in any way tend" to explain the letter; that the letter is self-cxpVanatory. Of course, there Is no doubt that If it is necessary to have the letter that Tanner sent to Mitchell In order to understand it, you will be entitled to show it: but there is nothing in the matter stricken out, according to my rec ollection of It, that would be material. Mr. Heney: I did not understand quite the theory upon which Your Honor struck it out. and was not sure that Your Honor understood the theory upon which I of fered it. The Court: Yes, I understood the the ory. I asked you afterwards whether it was your contention that it was necessary to have the contents of that letter in -order to understand the letter which had been introduced In evidence, and you said yes. And after we had listened to the testi mony of the witness. It appeared to me that it did not throw any' light upon the letter, and for "that reason it was stricken out. Mr. Heney: If Your Honor pleases, the theorv upon, which the letter is offered is that it is nroof of a fabricated defense. and this proof of fabricated defense is In complete because that one letter leaves nothing but a self-serving declaration, whereas the two letters together, consti tuting a conversation on the subject, show a fabricated defense. The authorities hold that a fabricated defense, even If sug gested j The Court: There is no doubt about ! that: you are entitled to show a fabri cated defenFe: but the question Is whether that testimony tends to show anything of the kind. Tanner Letter Ruled Out. Mr. Heney: The testimony was that Tanner says: "I suggest tliat because of the fact that Kribs bad given up tho chocks, that this could be traced through the banks, and, consequently, that the change In the agreement would do us no good, and it would be necessary now for us to admit that, and I can let them see tho books" (was the effect of it), "and we must explain that by saying that that was an overdraft on your part, and that you were to owe me the share of the Kribs matter which you got": and then in reply comas back from Mitchell to that letter, saying. "You know the facta to be that you intended that that should be overdraft on my part, which I should owe for." Now. that is a self-serving declara tion. "You intended that that should be an overdraft on my part which I should owe you for." which, standing alone, does not show a fabricated defense, but which standing with Tanner's suggestions as to the reasons why that was the light it should be put In, tho two together, that conversation in writing, make out this fabricated defense. The Court: I am unable to see, that it woula at all aid that lotter. Mr. Heney: We will now offer In "evi dence the House journal of the Twenty first Legislative Assembly of the State of Oregon, the regular session of 1901. at pago 1094: "Hon. John H. Mitchell" Mr. Bennett: Is It the election of United States Senator? Mr. Heney: Yes. Mr. Bennett: The only objection wo de sire to make to that is that it is not al leged In the indictment. It Is a technical matter. Mr. Heney: I do not think the proof Is nocessary. but the announcement was made by Senator Thurston The Court: I am certain it is not neces sary: but it was proved by one witness, without objection, that h.e was elected In Marcli. 1901. and qualified March S. 1H. and in the absence of any objection, that proof Is sufficient. George Jl. Ogdcn Testifies. George R. Ogdcn. being first duly sworn, on behalf of the Government, testified as follows: DIRECT EXAMINATION By Mr. Honey: Q. Mr. Ogdon. whore arc you employed? A. In the General Land Office In Wash ington. Q. How long have you been employed In that office? A. Since about April. 1889. Q. In what department or ia what di vision? A. I wac employed until about April a year ago, April. 1901. in a special service division. I am now employed in the pub lic lands division. Q. Docs the special service division handle cash timber entries? The Court: If the witness can do so. I suppose there Is no objection to his tak ing the list, and from his examination he may be able to state whether such mat ters are pending, without going Into ,all the details. Mr. Heney: He has examined them out side: I had him do it to save time. Q. I will ask you to state whether each of tho entries described in Government Exhibit 1 were ponding In the General Land Office from October, 1PM, to June. IMS? Mr. Bennett: We do not desire to in terpose any objection that will take up time, but we want thin all covered by our general objection of variance, etc. The Court: "ies. A. Y'es. Mr. Q. Do you know the signature of Bln ger Hermann? A. Yes. sir. Q. Is It on that paper? A. Yos. Mr. Heney: We will offer that paper in evidence. That shows that they were pending in October. 1S-M. In reply to one of the letters already In evidence. Mr. Bennett: We object to that as in- l competent. Mr. Heney: it 1? a reply oy the com missioner of the General Land Office to Senator Mitchell, to a letter asking for their statu?, stating their status, and where they are pending, and which divi sion they are In. Mr. Thurston: Wc make the formal objection that the testimony is Incom petent, and take our exception. Objection overruled. Defendant excepts. The letter wan recoived in evidence as Government s Exhibit M. The letter is from Binger Hermann to John H. Mitch ell, in answer to a letter asking to be advised as to the present status of cer tain timber and stone caste entries In the Rotfeburg, Oregon, land district. Mr. Hermann answers: Hermann Answers. "The rallies in auestkm are now in the Special Service DivMon. of this efiice. pending investigation to a special agent. He ha not yet had time to report, but whon he does. I tfbaM promptly advise you." Q. I wttt ask you if the paper v now hoM in your hand. Government Ex hibit 1. Is n part of the rooord ef the General Land Office? ' A. Yc. nir. Q. You know tttat by the endorsements upon it. do you? A. Yes. sir. Q. I hand jou Government's Exhibit 2. Is that a part of the records of the General Land Office? A. Yes. sir. I Q. Were the entries that are mentioned j In that paper, each and all of them. pending In the General Land Office from j October. 1901. until June, 1902? A. Yes, sir. Q. Do you know the signature upon ! the paper now banded you? j Q. Whose Is it? A. John H. Mitchell's. Q. Will you examine the endorsements upon that paper and state whether or not it is a part of the records of the General Land Office? A. Yes. it is. Q. When was it received there? A. February 17, 1SK. Mr. Heney: We will offer that letter in evidence. The same was received as Govern ment's Exhibit 95. and read in evidence as follows: Mitchell Urges expedition. Washington. D. C. February It. 190C Hon. Binger Hermann, Commissioner Land Office. Washington. D. C Sir: Tho inclosed letter from Hon. A. H. Tanner. Portland. Oregon, explains Itself. I will be obliged If you can advise roe as to the status of the various timber entries made at the Roseburg land office speci fied in Judge Tanner's letter. I have bad several letters from different persons In regard to these matters, and I will be much gratified if they can be expedited as speedily as possible. looking to a final conclusion of these cases.- I have written you before in regard to these matters, and If I remember rightly, my fast information, some months ago, was that they had been referred to Mr. Stratford, special agent, to investigate. I desire to know if his report has been received. My recollection Is that there are no ad verse claimants in any of these cases. It Is f Imply a question of the good faith of the ontrymen. and I respectfully submit, in view of the authorities. If there is nothing in the cases to Indicate bad faith except the mere fact of early sales or mortgages by the entrymon. that that is not sufficient ground either for cancella tion or for ordering a contest. I am. very respectfully. JOHN H. MITCHELL. Q. I hand you Government Exhibit 4. Is that a part of the records of tho Gen eral Land Office? A. Y'es. Q. When was it recoived there; can you tell? A. I can't tell from this. , Q. Did It have a jacket? A. It was an Inclesure accompanying this letter. This letter was recoived Feb ruary 21. 19. Q. Whose signature does it bear? A. John H. Mitchell's. Q. Is that a part of the records of the General Land Office? A. Yes, sir. Mr. Heney: We will offer this letter In evidence. The same was received and marked Government's Exhibit C-5. and read as fol lows: Committee on Coast Defenses. United States Senate. Washington. D. C, Febru ary 30. Jc Hon. Binger Hermann. Com missioner Land Office. Washington. D. C. Sir: I beg to hand you herewith the In closed letter or Hon. A. H. Tanner, Fort land, Oregon, containing a list of names and entries of timber, I believe, in the Roseburg land district. Kindly advise me as to the status of each of those cases respectively, and I will be personally obliged If Investigation Is made, and the cases pushed as rapidly as possible to a nnai conclusion. Kespecuuiiy. JOHN H. MITCHELL. Q. Were the entries that are enumerat ed and described In Govornmont Exhibit 4 pending from October. 1WL to June. 1M2. In the General Land Office, each and -all of them? A. Yes. sir: all of them. Q. I call your attontkm to a certified copy of a letter dated May 2S. 10OS. You will find the certificate on the first page of this letter. Can you state whether or not the original of that letter was mailed to the party to whom it is, addressed? A. Yes. sir. Q. Was it? A. It was. Q. At about the date It boars? A. On the date It bears, yes, or pos sibly the next day; Q. I call your attention to the next letter, of February 2S. Can you -say as to whether that was mailed to the party to whom it Is addressed? A. Yes, sir. Q. At about the date It bears? A. Y'es. sir. Q. How as to the next one. dated (Feb ruary 3d. 1982. was that mailed? A. That was mailed to the party to whom It Is addressed. Mr. Heney: We will offer these certi fied copies in evidence and the certificate of the first page. Mr. Thurston: Let me ask the witness a question. Q. Mr, Ogden, when you say these let ters were mailed, do you testify of your own personal recollection? A. Yes, sir. Q. Did you mall them? A. I sealed them In envelopes and put them in the basket and they were mailed by the messenger In the office. Q. It was your personal act. then? A. -1 placed them in the mailing basket myself yes. sir. Mr. Thurston: We have no objection except the general one which we have to this character of testimony: Mr. Heney: I won't take time to read the certificate: it Li by the Acting Com missioner of the General Land Office, with seal. The first letter refers to two of these claims. I will ask a question In regard to It? Q. 1 will call your attention to the first letter containing two of the claims de scribed In the indictment. Was the orig inal of that letter mailed to the party ad. dressed at about the date it bears? A. I did not write this letter, and bad nothing to do with it. Q. whose initials are those? A. E. B. Clementz. Mr. Thurston: We will make no objec tion that you have not laid the founda tion: It may go in also. Mr. Heney: Very well; we will offer this letter in evidence with the others. The letters contained In the package un der the certificate were thereupon re ceived and read In evidence as Govern ment's Exhibit ST. These lettors all are answers to Senator Mitchell's requests for action or lniorroauon regarding land en tries mentioned In the indictment. Also included are the following letters from Binger Hermann: Special, Honorable Commissioner, De partment of the Interior. General Land Office. Washington. D. C. May 28. 1902. Hon. John H. Mitchell. United States Sen ate. Washington. D. C Sir: Under date of October 22. IDOL you wrote to this office with reference to the following timber and stone entries in townsntps and - s.. R. S W., and townships 25 and 25 S.. R. w in tne itoseourg. uregon, land dis trlct: (Here follows list of names.) On February It. 1902.- vou also asked to be advised as to the status of the follow ing, in T. It S.. R. 2. 3 and t E. in the same district: (Here follows another list of names. with numbers, l And on February 2. MSB. you asked fo similar Information relative to the follow- ing timber and stone entries in T. It S., K. 2. 3 ana 4 E.: No. S16S. Stephen A. D. Puter. (Here fellows another list of names.) You requested that early action be taken on said entries, and were advised that they were suspended pending Investigation by a special agent. The agent's reports were received, and under Instructions from the Secretary were referred to him for consideration In connection with a report made lo the department by a special inspector. I am now in receipt of a communication from the department directing that all of said entries be relieved from suspension. They wiM. therefore, be passed to patent at an any oate. n xouno regular in other respects. vers respectluiiy. BINGER HERMANN. Commissioner. Department of the Interior. General Land Office. Washington, D. C. February S. IMS. Hon. John H. MItchelL United States Senate. Washington. D. C Sir: I have the honor to acknowledge receipt of your communication ot i-eoruary 20. 1X2, inclosing letter dated February 13. ISO from Hon. A. H Tanner, of Portland. Or.. inquiring as to the status of a number of amoer and stone entries in the Kofeburg, Or., land district. The entries in Question were all referred to Special Agent E. D. Stratford, of this office, for the investigation Of certain charges of fraud alleged against the en try men. Mr. Stratford's reports have recently been received, and the cases will be taken up for consideration at an early date. Very respectfully. BINGER HERMANN. Commissioner. Department of the Interior. General Land Office. Washington, D. C. February 20. 1502. Hon. John H. MItchelL United States Senate. Washington. D. C Sir: I have the honor to acknowledge receipt of your communication of February H. 1902. Inclosing letter dated February S. 1902, from Mr. A. H. Tanner, of Portland. Or Inquiring as to the status of 21 Umber and stone cash entries In the Roseburg. Or., land district. The entries referred to are all In T. It S.. R. 2. 3 and t E. and were made In August or October. 1900. As I have heretofore advised you. these entries were referred to Special Agent E. D. Stratford for Investigation. His re ports have recently been received In all of said cases, and they will probably be taken up for consideration during the present month. Very respectfully. Commissioner. Department .of the Interior. General Land Office. Washington. D. C. October 3J. 190L Hon. John H. Mitchell. Portland. Or. Sir: I have received your letter ot the 22d Inst., asking to be advised as to the present status of the following tim ber and stone cash entries in the Rose burxfi Or.. land district: (Here follows the list of entries.) You are advised that the entries In auesr- tion are now In the unedal service di vision of this office, penning Investigation oy a special agent, .tie nas not yet oaa time to report, but when he does. I shall promptly advise you. Very respectfully. Commissioner. Q. I call your attention to the first Government's Exhibit L and ask you whether. or not those claims were made special? In whose handwriting is this last sheet attached to that paper? A. Binger Hermann s, who was con- zniesloner at that time. Q. In whose handwriting is the red penciling on the sheet itself? A. That is in nr. Hermanns nana writing. Mr. Henev: Wo will offer In evidence this lost sheet that Is fastened to the letter. The same was read In evidence as fol lows: "To Division P.: As soon as special agent makes report on these cases advise Senator John H. Mitchell (that report has been) "and then those words are stricken out "of the progress made in disposing of those cases. B. H., Commissioner." Q. Were these cases madfr special? A. I don't remember exactly what ac tion was taken when that letter was written. The agent's reports had not been- received at this time. I believe. When those reports came In we took them up for action, I tninic q. uo you Know wnen tnat was? A. When the reports were received? Q. Yes. A. I don't remember the exact time; no, sir. O. What was the condition of the office In regard to timber and stone entries, with reference to the time that you were behind on current business at teat time, do you know? A. I rfon't remember how they stood. We took the cases up In the order of their Importance, as a rule, in tnat divi sion. In the other divisions of the office they took them up in the order of their comtaK In, in their chronological order. q. was tms tne investigation divi sion? A. Tes. Q. That is where there was an investi gation pending? A. ies. Q. Then from your division they would go to that division? A. They would go to the Public Lands Division. . . Q. And there they would go In their order? A. There they would be taken up in their order. Q. Unless made special? A. Unles? made special. Q. What does "make special" mean? A. Means- they will be taken up out of regular order, or taken up at once. Q. Regardless of how many might have been filed ahead of them? A. Yes. O. I hand vou Government's Exhibit 93, which goes with Government's Exhib it 3. can you say wnetner or not tne claims described in Government's Ex hibit 2 were made special? , A. My recollection of those cases Ib that they were taken up when tho Secre tary called for a report on them. All letters from the Secretary are made spe cial, anyway. The Secretary called for a report dn those cases and they were taken up at once ana sent over to mm. Q. Was there anything to Indicate whether' they were made special In what division do you call It? A. .Division f, bpeciai service uivision. Q. What does this word special on this jacket mean? A. it means tnat letter snau De repuea to at once. All letters from Senators and Members of Congpess were at that time marked special, and they were required to be answered at once; trat is. requirea to be answered. That word special was written on In the registering room, where the letter was received In the office where the record of It Is kept. Q. And has no reference to the A. That Is written on every letter that comes in. Q. That has no reference to thesa claims then, as to whether they were expedited or not? A. no. tnat wouia De written on in any case; no matter what the matter referred to. Cross-Examination. By Mr. Thurston: O. Mr. Ocden. have you in court the original papers relating to these several entries you testify to? A. i haven t tnem: no, sir. Q. But are they here? A. They are here: yes. sir. Q. Have you compared them with the lists you have testified about, as to cor rectness, number and description? A. xo. sir. Q. Then how are you able to say that the lists you have testified to are the Identical numbers and descriptions of the cases that were pending In the depart ment at the time you have stated? A. I recognize the letters and marks made on them in my handwriting. Q. When a case is made special, Mr.. Ogden. does that mean anything more than it l" to oe taxen up ana considered earlier than it otherwise would have been? A. That Is alL Q. It does not mean that there shall be any dinerent rule applied to its con slderatlon? A. No. sir. Q. Or that any different action shall be taken upon It when considered, than would have been taken upon It when con sidered if it had not been made special A. No. sir. Q, The only favoritism shown is in the day at wmcn it is lateen up tor consia e ration? A.. That is alL Q. Are you able to state from any rec ords in your possession or from your own recollection, that any one of these cases described in these three lists was roado special at Mir time, except as you state. upon call from the Secretary of the In terior? A. That is all, ves, sir. so far as I re member, except Mr. Thurston as the notes made on the letters by Mr. Her mann would Indicate. Q. Are you able to state that any dif ferent, action was taken with respect to these claims? That they were considered In any different manner, or that any fa voritism was shown them over what was the common action on similar cases of their kind? A. There was no different action taken. 3fany Cases Made Special. Q. You have a great many cases In that General Land Office made special, have you not? A. Yes. quite a number. I believe. Q. "Upon frequent requests from differ ent Senators and members of Congress? A. That Is done where sufficient rea son is shown. Q. It Is a common thing that Senators and Representatives do make that re quest. Is It not? A. Yes I believe It is. Q. And whether it is compiled with de pends upon the special condition or show ing in each case? A. Yes. sir. Rc-Direct examination. Q. There is a rule. Is there not. In re gard to when cases will be made special and when not? A. Yes. sir. Q. Do you know what the rule Is? Mr. Thurston: We object to that as not the best evidence. The Court: I do not see that it makes any difference whether there Is or Is not a rule. Excused. James F. Casey Testifies. James F. Casey. being first duly sworn on behalf of the Government, testified as follows: , Direct Examination. By Mr. Heney: Q. Where axe you employed? A. In the General Land Office, Wash ington. D. C Q. How long have you been employed there? A. Since 1SS9. Q. In what division are you employed? A. Division R. Mr. Thurston i What division did you say. Mr. Casey? A. Division R. the Lieu Land Division. Q. Were you in that division In 1801. 1S02 and 1S03? A. I was. Q. I hand you a oaser dated February 5. 1903. purporting to be a letter addressed kuc vuwiuuaiuuci Ul Lite ucuctUJ ltuiu Office. I wish you would examine it and state whether or not that letter and the letter of two sheets attached to It. dated December 29. 1902. and addressed to John H. Mitchell, signed A. H. Tanner, was a part of the records of the Land Office? j. xes. sir. mey are. Q. Do you know the signature upon the first letter? A. The same as a lot of others reclvert there. Q. Whose signature Is It? A. John H. Mitchell's. Q. You have seen It frequently, have you? iir. Heney: We will offer this letter In already In evidence. i at same was received and marked Gov ernment's Exhibit 93. and read as follows: Asks Cases Be Made Special. Washington. Tt. C. Januarv 5 1SOL Han. Binger " Henaann Commissioner ot the General Land Office. Washington. D. C. Sir: I beg to hand you the Inclosed affi davit of Fred A. Krlbs. together with list of lieu land selections In reference to which he Is manager for the estate of J. S. Plllsbury. deceased. It seems the es tate or Plllsbury Is Interested either di rectly or by assignment In all these se lections, that the settlement has been delayed by reason of the unsettled condl- uuu oi mese lanes, i sincerely nope you may feel justified on the affidavit en closed In making these cases special and moving them -along to speedy adjustment: I also enclose a copy of the list of selec tions and Judge Tanner requests If you will be kind enough to have the name placed opposite the selections and return the same to me to be returned to- him. Please advise me of action taken. very respectfully. JOHN H. 3UTCHELL. Portland. Oretron. Dec. 29. 1502. Hon. John H. Mitchell. United States Senate, namiisiuu, xj. kj. uear aenaior: as suggested in one of your former letters. I herewith enclose vou an affidavit of Fred A. Krlbs, showing that the estate of John a. .riiisoury. lately deceased. Is interested In the" list of lieu selections attached to the affidavit, and that the administra tion of said estate Is being delayed and ninaerea on account of these selections not being reached and passed on, and that the estate and heirs will be put 'to great, injury and loss unless said selec tions can be advanced, made special and disposed of at once. I think the showing roaae in ine amuavit is amply sumclent to authorize these cases beinc made soe- clal and disposed of out ot their order. it nas been repeatedly decided by the Secretary of the Interior that the matter of advancing cases on the docket bv the Commissioner rested In his own discre tion, and would not be Interfered with except for the abuse of such discretion. I am also under the Impression that there Is a rule or some decision of the department providing that where estates are Interested In selections, that they may be advanced to expedite the settle ment of the estates, although I confess I am not able Just now to put my hand on such rule or decision. It certainly ought to be allowed for It Is obvious that If these selections take the slow process of the department. It may be several years before the administration ot this estate can be closed up. In the mean time, the lands might depreciate In value, the timber be burned off of them. If they are timber lands, thereby entailing great loss to the estate or the creditors or the heirs. I trust that you will be able to get the Honorable Commissioner to order these selections taken up out of their reg ular order and disposed of at once. In reference to these selections. I wish you would also ask the Commissioner to have the number as given In bis office placed opposite the selections, on the enclosed copy of this list, and return the same to me so that I will have his office numbers of the cases and can keep track of them by the numbers. Very truly yours, A. H. TANNER. Mr. Heney: Then follows the letter ot Tanner to Mitchell of December 23. 1S02. a copy of which Is already In evidence, marked Government's Exhibit 55. Q. I will ask you If the paper now handed you Is a part of the records of the General Land Office? A. It Is. Q. That Is Krlbs' affidavit of that date. D6 you know whether -or not It Is the affidavit referred to In that letter? A. I do, yes. sir. Q. And Is It? A. Yes. Q. Can you state whether or not the lieu selections which are described In this affidavit, each and all ot them, were pend ing in the General Land Office in January. 1502. until and during the whole of the years 1902 and 103? A. Some of them were proved up In 1903. I believe, and patented. Q. In April, 1503? A. Yes. Q. Up to that date, were each and all pending? A. Yes. sir. Q. Can you state whether or not they were In townships It. 21, 2t. 27. 50, 31 and 22 south, and ranges 2, 3. t. 13 and It east, and 7. 8. 9. 10. 11. 12. 13 and II west. Wil lamette meridian, In which, the Roseburg Land Office had jurisdiction? A. Yes. sir. Q. I hand you Government Exhibit 57, addressed to Tanner by John H. Mitchell. January 5. 1903. which reads as follows: "Am Just in receipt of yours. of 29th ult.. enclosing affidavit Fred A. Kribs. I will confer with the Commissioner and en deavor to have, these cases made special." Do you know whether or not Senator Mitchell conferred with Mr. Hermann about that matter? A. I do not. sir. Q. Do you know whether or not any effort was made at about that time to make those cases special? Mr. Thurston: Any effort by whom? Mr. Heney: By the Commissioner of the General Land Office? A. Yes. sir. r H Mr. Thurston; I object to that. Q. What did he do about It? A. When the letter was received, in the usual course of action it was given to me to consult with the Commissioner. I went down to see him Mr. Thurston; I did not catch that. A. The latter was received In the office In the usual course of business and Riven to me to consult with him to see whether J the cases should be made special. I went : down and saw him. and he told me to prepare a letter making them special, which I did. I submitted it without my Initials, because I did not think the show ing was proper Mr. Bennett: I wish the witness, would speak a little more distinctly and not so fast. It Is hard for me to hear. A. I conferred with the Commissioner and he directed that they be made special. I prepared a letter In accordance with his instructions. I submitted It to the chief of our division In the regular course ot business without my initials: he submit ted It without recommendation. He was sent for and consulted with the Commissioner-Mr. Bennett: Were you there when he was sent for and consulted? A. No. sir. Mr. Bennett: Then I object to that. Q. Only state what you know. What happened after that? Refused by Commissioner. A. The letter was returned to me. I was directed by my chief to prepare a letter refusing to make them, special, which I did. and forwarded it Mr. Bennett: I don't think this matter is proper. The Court: I do not see that It has any bearing at all dn the case. Mr. Heney: The bearing upon It Is that the employment was to secure the cases to be made special. That Is the testi mony. The Court: Have you any evidence to show that the defendant did anything to wards It? Mr. Heney: Y'es. sir. The Court: That is all yoa can prove. It does not make any difference whether he "was successful or not. Mr. Heney: Well that is very true. Q. Do you know when Binger Hermann went out of office? A. I could not tell exactly, no sir. Q. About when? A. I could not tell you. sir. Mr. Heney: He went out of office Feb ruary 1, 1903. The record may. show that. Witness excused. Mr. Heney: I did not anticipate we would get this far along, and I have no other witness ready, but I can close the case for the Government Monday fore noon. I think. Whereupon the court gave the jury the usual admonition, and adjourned until 10 o'clock A. M.. Monday. June 2t. CALIFORNIANS WHO WILL ATTEND FAIR A. D. and Miss Bertha Cooper have left Bedlands for Portland. Mr. and Mrs. T. B. Boniiell have gone from Santa Monica to Portland. E. R. Ramsdale has gone from Santa Ana toTortland for a. brlof stay. Mr. and Mrs. Charles L. Heartwelt have left Long Beach for a trip to Portland. Colonel and Mrs. Dodge, of San Diego, are at Portland; also Mrs. Sumner and family. Miss Mabel Packman, of Redlands, is ar ranging to go to Portland for a few weeks' stay. William Preston, of Redlands. has departed for Portland, where he will remain five weeks. Howard Richman, 'of Appleton, Wis., is visiting in Rlalto, en route to Portland and the Exposition. Captain James M. Kennedy, assistant sur geon, left the general hospital In San Fran cisco for Portland. Mrs. E. It. Bralnerd and son. of Los An geles, have gone to Portland, where they will spend six weeks. Mrs. Sydney Hockbrldge has left Redlands for an extended visit at Seattle and the Portland Exposition. Mrs. J. E. Palmer has gone from Valiejo to San Francisco, from which city she sailed Saturday for Portland. Thomas and John Kelser, of Lordsburg. have left for the Exposition at Portland, to remain several weeks. Irving Jackson, of Hollywood, who has been attending Armour Institute. Chicago, has gone to Portland. Mrs. M. E. Chapman has departed from Oakland for Portland, in company with her daughter. Miss Bertha. A. M. Fearce and Anna Lembeck were married at Dixon and are passing their honeymoon at Portland. Mrs. Charles A. Brazee. of Wilmington, left Friday night for Portland to visit the Lewis and Clark Exposition. Miss Estelle Currier and Captain William Madge, of Valiejo, were married and are taking the trail to Portland. H. C Godfrey and Gertrude Lane, who were married at Valiejo Thursday, are honeymoon tripping to Portland. Frank Rublee and James Malcolm, of Broken Bow, Neb., are touring Southern California, en route to Portland. Mr. and Mrs. J. B. Parazette and daughter, of Imperial, are en route to Portland to spend the Summer with relatives. Frank Baum and family will leave Ana helm in a few days on a trip to the Port land Fair, to be absent three months. General Francis Moore, U. S. A, retired, will remain. ln San Francisco a few days longer, then go to Portland for a trip. Mr and Mrs. SMney Smith ard their n and daughter left San Francisco Monday for Portland, where they will spend a week. Arthur McHenry and Winifred Wlckecden departed from San Luis Obispo last night for an extended visit to the Portland Fair. Lee Crebassa. and Jerry R. Callahan, of Oro7lll. will go to Portland and probably renuln there during the continuance ot the Exposition. Louis G. Davis, ex-Assistant County Clerk and member from Pina County of the last Legislature in Arizona, has started from Tucson for Portland. Miss Emu. Gaskill. of San Diego, and P. W. Preston, of Waltsburg. Wash., who have Just been married at San Diego, have gone to visit the Exposition. Mesdames Ed Anderson and W. E. Bonsall left San Pedro on the steamer Roanoke for Portland, where they will attend the Expo sition and visit relatives. Nicholas C Joyal. of San Diego, has de parted for the Portland Exposition, where ha has a position awaiting him. He will re turn to San Diego in the Fall. Professor Ernest Batchelder. of Pasadena, will go to Portland to look after the Throop educational exhibit and after that he will make a short tour of Europe. Mr. and Mrs. J. B. Rapp left Hollywood during the week for an extended trip to Portland and Alaska, planning to be absent the greater part of the Summer. Conrad S. Taylor, ot Denver, and Miss Florence Hovey. of Pasadena, were wedded Monday and have gone to Portland to spend the early days of their honeymoon. Robert Proudfoot and Carl Houth have gone from Pasadena to San Francisco, going by boat. After stopping there the young men will go to Portland and Seattle. J. F, Wetherby and family soon win leave, Wilmington on a tour of a few weeks' dura tion. They win visit the Porttand Exposition and several of the large northern centers. Miss Gertrude Russell, ot San Francisco. will leave the middle, of this month for 'Buckhorn Lodge." tne Draper's country home In Oregon; where she win visit for a fortnight. Frederick Greenwood, who arrived in Sm Francisco from Mexico about ten days aso. left the latter part of the week for Portland, where he will spend a week or two taking in the Fair. Ethel and Edna Milter, the comely Ven tura, twins, have departed for Portland. where for three months the young ladles will enjoy life as the guest of their maternal grandfather. C. E. Sumner, ot the Home Telephone Company, has returned) to San Diego from a visit north, having -spent the most of his time at Portland. He was there on the opening day. Mrs. Rufus Young, of Kansas City, is spending some time with her sister, Mrs. H. H. Marean. in West Highlands. Mrs. Young is en route to the Lewis and Clark Exposition at Portland. Miss Martha and Miss Audrey Shortlldge, of San Francisco, who are visiting the Drap ers at their Summer home in Oregon, will remain with them during July and will then visit the Portland Fair. Agent Henry Newell ot the Santa Fe haa gone from Redlands with his family tor Portlnad to attend the Fair. Later they, will go to their old .home In Minnesota to spend the Summer months. Miss Gertrude Veronica Lane, daughter ot Mr. and Mrs. James Lane, of Mare Island, was married to Henry Clarence Godfrey, and they have gone to Portland, the mecca of California honeymoon couples. J. C. Cooper, accompanied by his mother, has left Riverside for a trip of several weeks in the north. He will visit San Francisco and the Portland Exposition and spend some time at his old home at The Dalles. Or. Librarian Greene, of Oakland, will leave for the Portland Exposition on June 24. He will spend a week seeing the Fair and then win attend the meeting of the American Library Association, which meets in that city. A leave of absence for 60 days, 4o go out of the state, was granted to Supervisor William Justice, of San Diego County. Ha will leave for the Portland Exposition to as sist In looking after the San , Diego county exhibit. Miss Elsie Sperry, of San Francisco, who Is planning a visit to the Portland Fair era long, expects to stop over at the Draper's home in Southern Oregon on her way and will probably spend the month of July at Buckhorn Lodge. A party of 27 prominent business men. state officers, politicians and writers from Kansas are now touring Southern California, en route- to Portland and the Exposition. The party visited Los Angeles. Santa Mon ica and Santa Barbara, and are now heading northward. Perclval Hagerman has returned to San Bernardino from Occidental College and will spend the vacation with home folks. In July he goes to Portland to represent South ern California at the oratorical debate, in which he will meet the champions of the northern colleges. Captain J. J. Bradley, Fourteenth Infantry, remembered In San Francisco for his work as assistant to Major Henry -M. Morrow in the Judge-Advocate's office, will be Judge Advocate of the court which Is trying Cap tain A. P. Berry, Tenth Infantry, at Van couver Barracks. Miss Mabel Prentiss. Librarian of the Po mona Public Library, has been granted Ieava of absence of three weeks to attend the Na tional Convention of the American Library Association to-be held at Portland during the latter part ot this, month. The board of trustees of the library will give Miss Prentiss the trip In recognition of her service. Oakland Lodge No. 123. Fraternal Brother hood, gave an informal farewell reception to Mr. and Mrs. W. J. Hancock, who are going to Portland, where Mr. Hancock is to have charga of the Fraternal Brotherhood work. During the course of the meeting a silver set was presented to them by the lodge as a token of the esteem in which they are held. The Knights Templar of Oakland and San Francisco are arranging for a pilgrimage to the Lewis And Clark Exposition at Portland next month. An organization to that end has been effected With Eminent Sir O. F. Westphal. California Commandery, as chair man; Eminent Sir R. W. Meek, Oakland Commandery, as vice-chairman, and Sr. W, L. Growall as secretary. Among the many society folk from Oakland who axe planning to visit the Portland Ex position this Summer are Mr. and Mm. Frank Brown and Miss Katherlne ' Brown. They will leave for the Fair very shortly, and expect to spend the next several months there. Mr. and Mrs. Lou Crellin will alsa visit the Exposition. Among the others who will enjoy the . attractions of the Fair ar Miss Bessie Reed, Miss Lillle Reed and Ben jamin Reed. Among former Oaklanders who also contemplate a visit to the Exposition are Charles Holt and daughters. Miss Grace and Miss Edith Holt. Mr. and Mrs. Charles Snook will also view the attractions at Port land. , National Home for Eagles. HELENA. Mont., June Si. A committee of the state aerie of the Order ot Eagles Including Senator T. H. Carter, today secured an option upon the Broadwater hotwater springs and hotel here, with a, view of purchasing the property for a National home for the Eagles. The com mittee will urge the Grand Aerie at Den ver in August to make the purchase. Murine Eye Remedy cures eyes: makes weak eyes etrong. Soothes eye pain; doesn't smart. Special Sale (Beginning Monday, June 26, and . Continuing One Week) OF Oriental Rugs and Carpets Pronounced by connoisseurs the LAR GEST and FINEST collection ever shown in the Northwest. Large purchase made by A. ATIYEH, who recently returned from the Orient, . for Lewis and Clark Fair visitors. One Week's Special Sale at Reduced . Prices to Reduce Stock. Finest Rugs ever brought to Coast Atiyeh Bros. 411 Washingtoa St., Bet. 10th aad 11th