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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 2, 1905)
'rHJB SUADAI OKEGOAJLAN, 1'OKTJLASD, OTJliY 55, 1905. EX-SENATOR THURSTON FINISHES PLEA FOR FORMER COLLEAGUE J (Continued rrom First Pace.) for subornation of perjury In having In fluenced Tanner und his son to swear falsely before the grand Jury, was an swered by Mr. Hcney by the statement that sUch an Indictment had been re turned. It was called to mind that the last days of the grand Jury had been very busy ones, and that of necessity several Indictments had been voted which, for lack of time, had not been returned. One of these was an indictment against Sena tor Mitchell for subornation of perjury. Neither had Mitchell been singled out as a scapegoat for the sins of the many. In round numbers, 0 people had been indict ed by the grand Jury, and more would have been brought before the people had the time of th Jury warranted it. This would show that Senator Mitchell had not been singled out either for prosecu tion or for persecution. It had been contended by the defense, the speaker said, that the defendant had not known any of the claims to be dishon est and that he had agisted in their ex pedition for favor and not for compensa tion. But the Senator had known that S. A. D. Puter. Kribs. Hyde, Dlmond and Bensos were all interested In the lands, which in Itself should have thrown a cloud of suspicion over the transactions. The fact that Kribs was so anxious to have the claims expedited was also proof, and his desire to sell them so soon after patent augured that he wished to get them Into the hands of an Innocent pur chaser, so that they would be off his hands, while, under the law, the purchaser would have title. Mr. Heney declared that the argument of the defense that Mitchell had nothing to do with the transactions before the Land Office was unfounded. If Tanner expected no assistance from Mitchell In the Benson matter, he had simply charged his client 51500 for writing a letter to the department. In the Kribs matter. If Mitchell was not to have given assistance in Washington, the Senator had charged his customer $1000 for a little advice. On the other hand, the evidence shows that the work on the Benson claims had been done In Washington, while the same could be said from inference of 'the Kribs trans action. The speaker then turned his attention again to the firm accounts. He read ex tracts from the books, "showing a steady monthly payment of $500 from an unnoted source. This had been salary for serv ices done to a corporation, and it formed the larger portion of the Income of the firm. Therefore, if the Senator's share of the dividends were ordinarily ibout $200, It would certainly occasion remark hy him when the sum was doubled for two or three months in succession. Mitch U had undoubtedly known that the firm was doing practically no business other than the land balnesp. Vr, Icney then took up the knowledge oflthe- Senator, and stated that he knew the source of his dividends from the ox- amfbatlon of the firm books and from the Lletters from Tanner telling of fees paid and to be paid. He had been told In let ters of the fact that Kribs had paid his $1000 fee. and by other items. The firm books and his examination of them, the variation in the size of the checkp drawn from month to month, all had brought be fore his mind an unusual condition of things, and it was safe to say that ho had known all of the details of the busi ness. At this time Judge De Haven, feeling worried by the heat of the room, and knowing that the case could not be sent to the jury anyway, ordered the adjourn ment of court until Monday morning at 10 o'clock. Mr. Heney will then finish his argument, and the case will bo placed In the keeping of the Jury by the charge of the court. THURSTON FINISHES PLEA. Ex-Senator Completes Brilliant Ap peal to Jurymen. The stenographic report of ex-Senator Thurston's address to the Jury in defence of Senator Mitchell follows: ' May It please the Court, Gentlemen of the Jury: , If, on yesterday, in my zeal tor my client and in 'the ardor of debate. I criti cised the acts of the prosecution with perhaps some severity, i do not thereby Intend to reflect In the slightest degree upon any act which has been done by the District Attornev in court and In the trial of this case. I say. with all sin cerity. It has been one of the pleasures of my professional life to cross swords in court with a prosecutor who his tried his case In such an able and clean and lawyerlike manner. I have been amazed by his mastery of the detail of his case, and I have been alarmed by that won derful power of his with which he groups together acts and incidents, harmless and Innocent In themselves, until he makes them all appear a guilty whole. If the Secretary of the Interior, in his endeavor to search out the land frauds of this Western part of the country had searched the whole wide land. In my judgment, he could not have found another so able prosecutor as he has found In this case. My criticisms have gone to those condi tions whlcn appear in evidence here of the apparently remarkable manner in which the whole force and power of the prosecution, before the trial of this case. nau occn cenitrea upon ine acsirea con- i jn this case, that this old man. when the victlon of John H. Mitchell I cannot un- j public pres.- announced that he was to derstand. and I do not believe that you , be indicted In Oregon, wnp a feeble old can understand why It Is-and it is- : inan. He had but recently been at the that a prosecution originally directed, as door of death: he had lain so near the I stated on yesterday, against the alleged : border that his ears, the eaVs of his soul, land-grabbers, the alleged robbers of your mupt imve Heard the fluttering of tho great timber resources, has been turned summoning angel's wings. He was shat aslde from them and centered on this tered- in health: he was worried and public servant and his associates. I do frotted by the stress of his public duties; not understand It. I do not believe that . ne was WOPn and tlred by tIw dnUy at you understand it. and I will be glad If tontin given to the requests and de thc District Attorney can throw some mand8 of every one of his constituents light upon that subject when he comes to I for assistance and information, and he repi. , was alone. He was alone In his little Purpose or lestimony. . bed chamber In Washington that was his ,. r , ,, , home. He was alone. There was no wo- Now. gentlemen. I shall not go over i man Mn cn his Hps or brow to make th s morning, and I propose to conclude th wav Jp ,ard. nor the anguish less th s morning: 1 shall not go over any- kven; thor(. wa no 1UJ hand t b thing that 1 went over yesterday in the , p,aced in Ws no 1Iltle voice to ,.av ..God discuss on of the indictment, or the acts bpRS graI1ipa." ntf wa aion; there when the last payment had been ' u "i imih.o ui u uic uiuc ceived on the Kribs matter. When the last sum of money had been paid by Kribs, or the last check had been given by Kribs. John H. Mitchell was either guilty then, or he was innocent. He could not. tnerearter, oy any act or nis irtflff WorCf?S or make right what before had been wrong. The only purpose for which tea- IWWM M wrds SSrefer nWKub feS"5n aClsa.Jd,d0J"S JSJillE deg,r,?,e l! "JFii'.l1.- .?d?r Sl 1.0 tne consiueraiion oi wwii inis man uhi and said when he was brought face to f!!!&h sources of information, was the fact that Jhpr from hhhid ?Wd 'doors ?n Pthi jSJf fiVut rn Bw ihimw 55!e iS,f ?mi tJ?hi. ?m VA -??htSiSSi Si t wr wn accusation against him. I have been Ell? inhlrh ohfrrMwuh from my long experience. I can honestly say that I have never yet been able to judge In the case of any one man. as to whether his after actions "disclosed a guilt or an innocence. I have known men, as innocent of wrong as ls the violet. when charged with crime nnd brought face to. face with the danger of prosccu- tlon. to act in a manner that, to the ordl- nary mind, would seem to place upon them the brand of guilt; and I have seen criminals as guilty as criminals could De, wnen canca upon io tace inu same situation, hold themselves before the world to all appearances as nonest men. and In all my experience, I have been driven to the conclusion that It Ls more probable that the Innocent man chargad with guilt will, under those circumstances, and the stress of his feeling, act more like a guilty man than will the .guilty inan who has committed a crime, and -who is always ready ana prepared to HARRY ptfJ T0 like to believe that you will Judge all the acts of every man in a kindly spirit. We are not very good Judges of the hearts and the motives that control the actions of men: we are apt to be harsh, and we are apt to forget that there will come a time when we must stand up be fore the awful bar of the final Judgment and explain our own actions that we have kept concealed from the eyes of men, and I believe that In every human soul there ought to be a desire to be as charitable and as kindly In Judging the acts of other men as we will wish our God to be when he comes to pass upon ours. Years and years ago I read a little poem written by Phoebe Carey that I think had much to do with the begin ning of that spirit of kindliness toward men which I have always cherished as one of my best possessions: "Judge not the working of his brain. And of his heart; thou canst not see. What looks to thy dim eyes a stain In God's pure light may only be A scar brought from some well-won field Where thou wouldst only faint and yield. And Judge not lost, but wait and see. With hopeful pity, not disdain. The depths of the abyss may be The measure of the helghth of pain. And love and glory that may raise One soul o God in after days." In Spirit of Mercy. In this spirit, gentlemen of the jury, I ask ybu to come to the consideration of what John H. Mitchell did and said, when he was called from the honors of the Senate chamber to face thc announce ment In the newspapers published from one end of the land to another that he was being Investigated-by a grand Jury in his own home city, and behind closed doors, and that there might come out from that secret chamber an Indictment that would put him before the world as a criminal. 1 ou must also remember, gen tlemen, that the higher and more hon orable position In which a man Is at the i time a criminal accusation is made against him. operates Just so much more strongly upon his own feelings, and con trols Just so much stronger his own ac tions. You must remember also, and I do not say It in order to enlist any sympa thy that ought not to be extended to every human being who suffers, but you rrmct rflmftmW nlcn H nucA It I . n fnrt was nobodv rcadv with a word nf rul. vice. In his old age. his weakness and hi. trouble he had to be hl own ad viser, and a man ls his own worst adviser always. Innocent as a Child. He resented with all the power of his ' "aturc Wpa t,,at the Government was , -..-Riiinc him to ur, inHiMm.n t.rjmjnar charge, for he knew in that WHtluTt hehadbeSeas InnoSSt yoraPheed-dlJenotPnhoT-Juset ! bis buslneV In Portland, or as to whether ! Tanner SS?he fiTrt"? kmcT He dVd , v.. Tni, u fi,ii " tlmonv hows and' as Hip rorm-A fcn. 1 baTben a carets man' in hisown bJsf- . no nfTalrs devotlnir hlmolf for 1 3Wer thelr letters r t0 meCt thr lmme i dlate requests; he had been a careless man In his own affairs: it has been said of blm by one of his colleagues that his devotion to hl oonsltuont iiudmc tpa Schtoat heough? toe a receiver" ll,t"1' As Boa'rdlng-Houso Senator, This old man. threatened through the I newspapers with a charge of receiving ! money guiltily, can you Imagine how that t affected him when It came out: why didn't he sav to himself, "I lived through the ' Senate vears, through all the years of the : Star Route and Whiskey Graft and Sugar Tariff and Railroad Legislation. .nd Steamship Subsldfes and Postal Contracts; i iivea tnrougn an tnese wnen iniornxitlon was witnin my reacn mat I could have used and turned In a way that the world calls honest to have brought me In thou sands and hundreds of thousands of dol lars: and do they charge me now. as I sit here, poor and broken, do they charge roe now. after I have lived all these j'ears as a 'Boarding-House Senator"' and you don't know what that means in Washing ton, where a man has to struggle hard, and hard Indeed, to. .keep his Influence .najrsjtuiiess MURPHY MAKES A CLOSE-RANGE STUDY OF JUDGE F)E HAVEN has a house of his own. where he can en tertain, and the boarding-house Senator can only succeed for the Interest of his people by the strength of his efforts and his genius and his statesmanship: and that is why so many states in this coun try are sending only their richest men to thc Senate of the United States It ought not to be. Many a man has been com pelled to surrender his scat In the Senate at the end of his first term because he was too poor to live the life and take care of a family. It ought not to be, but It Is: and. oh! how terrible it was to this man's soul, as lie sat there, old and lonely, and poor and deserted, without support, or comfort, or sympathy, or tenderness, to have the newspapers announce that he, the cleanest man from a monetary standpoint that ever s?rved In the Scnato of his country, that he was about to be Indicted for taking money money In vio lation of the statutes of thc United States Would Have Mel Accitsatfon. I really think that, if I had been met with that accusation, being a strong man j physically, not yet quite broken mentally. ! thank God! that 1 would not have acted I had ben 40 years' younger, he. would not nave acted exactly as no did. But I think you can explain everything be did after that accusation had been hurled through the public press, consistently with the innocence of the man's every ac tion in the past. He came out to Oregon. He wired Mr. Tanner to meet him on the train. Is that a suspicious circumstance? Does that, of Itself, show any idea that he knew himself guilty? Why. It was thc ; logical thing to do: it was what an In- : nocent man would have done. And when 1 J?17: I1 5t.fl2 tlon. something In his guilty knowledge. tJ) 'wT1 faFl",?,? n that made him Immediately refer to the U !"" l ?r0J.lJa" J1 Led,., t? b,y Kribs case, because he said the Kribs case .rJrta""n-s ?;?cllt,(m ls., v.tluaI: at that time had not ben under consid- I ' "lJ1 .w?),! oration, so f-ir as the public knew. But. I hnds by the attempt to show that gentlemen, this evidence shows that in ' XSufhSnthS nrihin-M some way. before he left thc City of JS1' reprehensible and Washington, he was advised and knew ?JSn&., JVmay,havre ncrcver that the prosecution was trying to Indict man. under the stress of his sltua hlm on the Kribs charge. He knew it. t on and he accusation against him has He didn't understand wliy. but he knew i 25en wTv"oak Jlave " aDloKy to offer that that was what was trying to be L. nlmj; An.dKJt?r' ce,Ienien of. "e done. And when he met Tanner he spoke i J,urj' 1 not believe and I cannot be to him about It on the train. Xow. gen- I !,eve a,nd .no man who has, been his col tlemen. Mitchell wvis not guilty unless league In the Senate of the Lnl ted States Tanner knew it right then at their first i will -ever believe that Senator Mitchell meeting. If Mitchell was guilty In the ' "5Sested or tried to Induce his old ?art Kribs matter. Tanner knew it. i "er..to perjure hlmsvlf and his son. I I don't believe it- And I like to be chaxit Blames Partner Tanner. i able to Mr. Tanner, as I ask you to be .. . I charitable toward Mr. Mitchell In what- If Mitchell was guilty In the Kribs mat- : ever he has been foolish nnd weak. But Mitchell Illegal fees, unlawful fees, for Tanner was thc man who made the con tracts and took the money. When they met there, if Mitchell was guilty. Tanner knew It. And yet, as I read to you on yesterday. In that conversation, when Mitchell was asking about the Krlhs mat- ter. and how the books had been kent. and what the money had been received fori Mr. Tanner insisted, and repeatedly Insisted, that there wasn't anything, and couldn't be anything. In tho Kribs matter that was unlawful, or that wasn't perfect ly square and right. That wasn't a con versation for public use. Thut was a con versation between two partners. They were not talking for publication Tanner was not and yet Tanner, In that con versation, as 1 read to you yesterday from the evidence, kept Insisting, "Why, Mitchell." he said, "there can't be any trouble In that Kribs matter. There 1ms been ndthlng done wrong. Those pay ments were all right; they were not con tracted to cover any of your services; tnev lo not cover ny of your services? They were not contracted to cover anything done In the Land Department of the United States: Mitchell, they did not cover anything done in the Land Department of the United States. How, or why, can ' t was made, and part of the pay- you be alarmed .about anv of the transac- ! rnent delivered, for In consideration of tlons In regard to the Kribs matter?" Mr. Tanner becoming a witness for the Now. gentlemen. Tanner at that time 1 nited States the vote of the grand Jury must have been honest In his statement ' of an Indictment against his son for per to Mr. Mitchell. He was the one that had '. J"r was withdrawn and he was conducted the transaction, and he could promised, with the assistance of the rtc not conceive for a moment that anything 1 ommendation of the District Attorney, a had been done by him. or done by Mitch- ! pardon. I hope Tanner will come out all ell, ti.ut was a violation of the statutes of j right; I sincerely trust that under that the United States. In Tanner's heart, he arrangement he will never be punished a believed and thought that that was an in- day- 1 know that the District Attorney nocent and a harmless transaction. has the power with his recommendation Called for thc Books. Then they came to Portland, and Mitchell Immediately went to the office and called for the books. They would have you belle-c that Mitchell was so familiar with those books from time to time that It was a mere pretense on his part to call for those books, but Mitchell was not acting then for thc purpose of making up a defense: Mitchell was there in the office with his partner. He had no idea that what he did or said there ould ever be heard of anywhere else, and therefore what he did and said In that office, with his partner, must have been the honest act. and must have been the honest belief of Mr. Mitchell at the time. Do you remember how Tanner tes. tlficd that as Mitchell went over the books and looked at these entries from time to time Jn thc Kribs matter, he said: "Why. Tanner: how could you have kept these books In this way? My God!" he said. "I am so surprised.' "Why." he said. "I am afraid that you have put enough entries In that book to convict roe ; not Because ne naa done wrong, but because entries had been made there that could be turned by the power of a skillful District Attorney Into badges of wrong and fraud. Tan ner says Mitchell expressed great sur- Erise and Indignation at the way those ooks had been kept, and the charges entered in those transactions. And he did. Was he honest about it? He was there all alone with his partner. He didn't need to try to fool his partner, and the facts are. gentlemen, that Mitchell had but thc vaguest sort of a notion of anything that had been recorded in those books through the three or four years that they had been kept in Mr. Tanner's office, when I pinned Robertson down ou this stand, after he had said that ho saw Mitchell repeatedly examining these books you remember how I took him from period to period in three years, showing just how many 'days Mitchell had been In the City of l'ortland-rhow ho was busy at his desk and In his office, with numerous political and other friends besieging his door, with his dally corre spondence to transact: how I pinned that man itooertson tiown. talcing those occa sions up In detail, until he was compelled to admit that never but twice had he een Mr. Mitchell with that daybook Jn which were entered these transaction? simply brought In that book to Mitchell and put it on the table, and saw iitcncll looking at it; and he admitted that he was besieged by people coming In nnd out all the tlm. and he didn't know whether he looked at that book for a min ute or for an hour. No Admission of Guilt. - Well, so far. there wasn't a thing done or said on Mitchell's part out of the ' amission VguutWrKrt way. or one that would tend to show any 1 he says It was himself who first sug- Rested that the rewriting of the contract u tne rewriting or trie contract was not true before the gr.ind Jury- But olve the necessity for perjury there are different ways of showing loy o make It good. I don t believe alty. and there are different w.t.s nf would invo in order to that was ever considered In that room In thc hotel, and I don't wish to be harsh In my judgment of Mr. Tanner. He also j has been faelntr tho nwfui sltnntinn of i being In the power of the prosecuting branch of the Government of the United States: he also is in that awful oosltlon whero his only hope ls upon the friend ship and recommendation of thc District Attornej. He stood where it was said to him "The grand Jury has voted an Indict ment against your son, and your son goes to the penitentiary unless unlesj what? Unless you testify for the United States." Testify what? Testify how? An Implied Threat. I don't suppose that anybody said to Mr. Tanner "You must testify eb and so." but underneath it all was that Implied threat that- If you earn your escape from the criminal act you have done, and I think done almost Inadvertently, you must testify for the Government of 'the I Lnlted States. That bargain, whatever iu carry uui ins it-uKi. una on, Manner. I hope in the providence of God you may not be disappointed. I believe Tanner testlned pretty fairly on all matters until It came to the crucial one of conversa tions In a room alone between himself and thc defendant. AH his other testi mony was not needed by the prosecution. To have it was no Inducement for len iency toward him. What they needed was evidence of these private conversations between Mitchell and his partner, and evidence that would show that Mitchell, out of a guilty heart, counseled and ad vlsid perjury. Gentlemen, you may be lieve It or you may not believe It; you may charge It up. If you do believe It, as a weak act of an alarmed old man. not fit to be a counselor for himself under such trying circumstances. Went to Tanner for Advice. And I want you to remember another thing, that when he came to Portland he went to Tanner not only as his partner, but for counsel and advice; as a lawyer whom he had been with, he wanted Tan ner'a counsel and advice. But believe wnat you -piease, i. teu you, gtntiem 1 1 of the Jury, you are not trying the man for that, and If you let that enter your soul as an element upon which you re turn a verdict of guilty In this case, you are eulltv of n violation of thi hoK- n.nh you took' when vou declared von would try him upon the law and the evidence In tnts case, and that meant upon the charge which Is made in this indictment against him. My friend, the District Attorney, says this man suborned nerl&rv and Induced lanner and his son to commit perjury. If he did. Mr. District Attorney, and your grand Jury was waiting over to know what vnnr fnrthor vUhna mWhf Vii If Mitchell was guilty of subornation of per jury of Tanner and his son a more hein ous offense by a thousand fold thnn w.i one for which he Is placed on trial why didn't you take that case of suborn ation of perjury before that grand Jury? If you believe that Mitchell had com mitted that crime, why did you fall in your duty to prosecute him for suborna tion of perjury? In my Judgment he did not believe it; In my Judgmenti he does not believe It today, but he Is making a skuiiui ana poweriui use or it in in prosecution of this old man's case. That a aw am 6U4H(, w aaj nuum i m- ner I wish him well; he. has been a weak ramer man a oaa man. ne nas nis prom- lse of immunity, and I am glad of It. and I shall be still more rejoiced when he gets it. Calls Robertson Vicious. Gentlemen of the Jury. I come to rather an unpleasant part of my argument, for I do not like to reflect upon the acts and doings of men. I love to be charitable In my views of what they have done, and 1 do not believe I am ever vindictive In my pursuit of men. and I will try not to be nere. nut. I come to sneak now of the star witness of the prosecution, one Mr. Robertson: bright, keen, vicious Robert son, the only witness In this case who appeared to seek opportunities to stick the knife In deeper on his own motion on the witness-stand. I renlly think that the District Attorney tried to examine that witness fairly and squarely; I think he really tried to keep him back from his repeated attempts to volunteer tes timony not asked for In order that he might still deeper thrust the dagger and turn It around In Mitchell. Robertson, brought up almost by Mitchell; treated as his son. taken Into his Inmost confidence, all his business affairs placed In Kobertson's hands. 1 don't blame Robertson for having been a witness before the grand Jury; 1 don't blame him for anything he testlned to thnt may have been truthful before the grand Jury, and I don't know what he testified to. so I. have no right even to suggest that he testified to anything that showing treachery. The first time Rob ertson had anything to do with the mat ter was when a secret detective of tho Government took him Into a room In Washington and commenced to question him about the Kribs matter. The Dis trict Attorney says that the Kribs mat ter was not then under Investigation, and yet In the City of Washington a secret service detective of the Government got Robertson Into a room and commenced to ask him about the Kribs matter. Continues to Fluy llobcrtson. Now. he was the confidential secretary of Senator Mitchell: he says he refused to tell anything, that he Indignantly re sented the request that he should make a statement. I don't know whether he did not not. and I don't know whether or not the secret agent of the Govern ment took him then and there, into th secret service employ of the Government to use mm as a. detective and runner , . - . . i ... . . , .. . oown oi Jiucni-ii; out l uo Know inili. that from the moment he had that Inter- view, secret and alone, with the detec- tive of the Government, from that mo- ment he turned against Mitchell. W hy do say uuiu uiuL muiiiciu: ueiiut-nieii. u you had been my private secretary, any one of you, and your old chief was threat ened through the public press with prose cution, and you had been called by a de tective of the Government Into a room you "had been asked about the Krlba motlKr tchnt ttrniilil von i nave none? iou would have added wings to your reet. you would have reached Mitchell's room pant ing and breathless to tell him from what source danger might be expected. You would have raced and ran: your mouth would have been open In your eager de sire to tell him they were after him on the Kribs matter. But that man went from the detective's room somewhere else: he did not go to Mitchell's room, he never told him that the Government detective had called upon him at all, he did not reveal the one thing that had taken place between them, he did not say to him. "They are after you In the Kribs matter." he kept that Information which would have been so valuable to hl3 cm- fIoyer locked in his silent, secret, schem ng soul. Discredits His Statement. Then he had that pretended interview with Mitchell, in which Robertson rasa in his dignity and strength and accused Mitchell of being a liar, right to his face. Why, he never accused a dog of being a liar to Its face, let, alone a Sena tor of the United States! J There he was not the bold, defiant gladiator that he would have you believe him: he was the servile, cringing office boy. I don't be lieve a word he says about that Interview, there. I don't know how you feel: I might hang a man on some evidence, but I would not hang a yellow dog on his. Still further: It was a remarkable fact that he was Interviewed by a detective of the Government pome days before he was subpenaed.' As to that interview, he kept still, but thc minute he got a syb pena he told Senator Mitchell that he was subpenaed to go to Portland, and .he had to go: did not tell him then that he had been questioned about the Kribs matter: did not tell him then that a de tective had been after him. but "I have got a subpena and I have got to go." And In that good, kindly old heart there still remained an unsuspecting belief In the devotion and integrity of the man he had warmed In his bosom and fed from "his board, and Just as Robertson was about to leave he charged him with a very confidential mission, one that would be confided to no one unless the perron confiding had absolute belief and i confidence In the loyalty and devotion of the messenger. foils iTim rp I . sell, you may have been be- ,.. timiMi in rmir ufA- nnimrai ! i times in jour life, political ....... Ah. Mitchell trayed many friends may have cant you aside: you may have met bitterness and disappoint ment In your Judgment of others many, many time., but never in all your life had a confidential messjnger false to his trust as you had In Robertson. Gentlemen, that was not the ordinary case of the transmission of a letter, i Here was? the old man In trouble, not yet Indicted, but in most serious trouble. Robertson knew they were after him. trying to Indict him: Robertson knew that that letter which was confided to him undoubtedly had much to do with the old man's case and the old man's safety. There was only one thing for him to do a? an honest and honorable man; when that letter came to him and he was asked to be the messenger he ought to have said "Xo, I cannot. I dare not. I will not." or he ought to have said "Yen. I will, and God help me. through any picket line that may be formed. I will penetrate until that mes sage of the old man's safely rests where he wishes It to go." But Harry Robert son, from the time he left Washington, was a traitor to his trust, a traitor to his employer, a traitor to every honest and noble Instinct of the human heart. He came here, met no detective, there was no picket line, he did not run across them. I wonder a good deal at that, be cause they had been thicker than files in August, but he did not meet one or them anil h went to tho hotel and trot a stood breakfast, and I suppose he smoked a ; feel just as much sympathy for John H clgar; he felt comfortable and happy. Mitchell, as a man. as one of the great and m. Inst ond of iroinir down to Tanner1 ! mass of suffering humanity who has office and delivering the letter then, he went to the grand Juryroom. offered him self up to the District Attorney. Calls It Deliberate Treachery. When pinned down on crops-examlna-tlon he admits that he did It deliberately; says "I did not dare give that letter to Tanner: I was afraid Tanner would make tire perjure myself, and I was afraid I would yield. Didn't darel This brave man who stands ud and calls a Senator of the United States, In his own room, a liar, to his face. If you believe his testi mony. .ld not dare go to the office of Tanner and Tanner Isn't a fierce man; he Is a rather nice, pleasant gentleman he didn't dare face Tanner. Do you be lieve that Is what his motive was.' Don't you know that way a story made up In his own mind, in the moment I asked him that question, false and black? Made up then and there to try to stick another dagger Into Senator Mitchell. He saw to It. either as an agent In the employ of the Government hlmsclt. or as a man i encased in the business of betraying his employer; he saw to It that that letter did not get to Mr. Tanner; he saw to It that It got to the District Attorney. Afraid to go down and deliver It! Couldn't he call a messenger at the hotel thc moment he arrived there and send it ! down oy hlm7 He dldn t have to go witn it. o. ne saw to it tnat xanner aid not get It. and that is all I am going to say about Mr. Robertson. Whatever Is i he result of this case, there Is one thing su.e. that Robertson has gone out of this i our mom to be avoided by men and lt:n cd by decent women all his life. Is one thing that the human heart :.ut tnv honest men and women of the I ril will not forgive, and that ls treach er tj the confidence of an employer. ilc i great Caes.r In the Senate of Rent' wa stabbed by all the Senators wlu i rounded him. he bore himself btavI. ind held his head up. unarmed and deftr e:esa though he was: but when j his tru-tol friend, who had lived in his ieni ana se;;i in nis oea ana snarcu ins t cloak, who had been brought up by him and Riven reat honors In the army and In the council of the Roman oeoDle. when ! that man Brutus plunged hl?i dagger Into t his back, great Caesar drooped his head anl F3ld "p1 l Brute!" and fell In de- spalr at the foot of Pompey s statue. Oh. gentlemen. Ingratitude will never be 1 forgiven by men, and If there Is no other I way In which It can be known. I ask the world to publish It abroad today that I that man Robertson ls an Ingrate and traitor to his trust' and his employer, un i worthy of the confidence of men. un worthy of belief In any word he said. Thanks thc Jury. Gentlemen, I wish I knew how to thank you for the great patience with which you have listened to my argument, and the cireful Interest jou have manifested In r5UI?Sn" intVh,,8-c2ffi lei In my weak way I have said everything I could say in the hope and belief that I might throw some light upen the facts In this case that would enable this Jury to go out and perform a pleasant rather thn an unpleasant duty. I have hoped I might say somothing in this case that would turn away from the brow of this old man the shadow of shame. I have hoped that If there were nothing else In this cose, his great character for faithful performance of public service, his long years of devo tion to the people of Oregon, his faithful ness In meeting the requirements and wishes of the highest and the lowest, would stand as a bulwark, as a fact. In the case to disarm every suspicious cir cumstance, and to Induce you to believe that John H. Mitchell could not have been guilty of taking money unlawfully, as he ls charged in this indictment. It runs counter to his whole life. It seems lmpos- S?wtehi? it inn v! it rron T3; slble that It can be true at the end of a ir., n., i.tinn.ic), r0r. nn,t hro have ccen no more splendid careers in tne Senate of the United States than that of this man. He sits there today as your selection, the oldest Senator In service In the United States Senate. He has held more high places on Senate committees than any other man that ever sat In that great body. He has done more work for his state and her people than any other man that you have ever sent or ever could have sent there. Why, there Isn't a nubile imorovement In the Stato of Ore gon that Is not silently day and night voicing gratitude to John H. Mitchell. Every great steamer that goes out and In over the bar at Astoria, bringing com merce and trade, prosperity and riches, to the people of Oregon; every great steamer .1.... f. v, -t,.ar. -h i..t . .im,t!n cn nrr . . i . i v. i . i nur larm inai cvrry ouauci ui juur gtuin may bring an additional price; every one cf them, as it Plows that mighty river in . feet of channel depth, .whero bars once were: every one of them, as It rings Its ucui uru iuuis i.5 iu3c m mc ... uiw to the world, "Thank Senator Mitchell. The Father of Oregon. He has been the father of Oregon In the cccurement of all her great, liberal ap- t'gL&Z , 1 " . r.T. . .1:. an to stnnd on a pedestal at the opening l "it Kxpc s t;on. and nave Deen crowned 1 s Vic author oni benefactor of thnt great 1 a'r. My frlni. Judge Bennett, has said :hM lesser men than ne have had marble :: tues erected to perpetuate their mem r.y among mm. Grntlemrn In one cf the .i-rr!dor3 of the Capitol which ls called Statuary Hall there is a space set aside where every state in the cnion can plac- two marble statues of her most dlatin- gXilshed sons after they are dead. I know thnt Oregon liad been reserving and Justlv reaervlng one of those places for a marbl statue to her greatest statesman, most faithful son. John H. M'.t-'lietl. And afft his death. If that statue had been placed there, there ls not a statesman who has ever been associated with him In public a fairs but would have bowed down In rev erence as at a master, and said. Oregon lias done right. It may be. gentlemen of the Jury, ns Judge Bennett has suggested. ...at there lias come enough out of this case, that there has been enough of publl rumor and of newspaper astault. to cost some reflection in the minds of the public upon the character of U1I3 old man in his declining days. It may be It has been sufficient so that his marble statue may never fill that place. But. gentlemen, it has not been sufficient so that a jury of his neighbors will send him to spend the tew remaining hours of his life In prison. It has not been sufficient so that a Jury of his neighbors will hurl him from the Senate of the United States as a man dis qualified to sit there: has not been suffi cient to Induce his neighbors to put the brand of shame and Infamy upon his brow and leave him tottering under that load as he crosses the river and meets his God. Men Are Misunderstood. Gentlemen of the jury, men are misun derstood oftentimes, and human judgment is liable to err; there are none of us In fallible. But all Rood men ought to look 1 for the best, rather than for the worst: and I believe you will In this testimony ! and In this case. "Oh. God. that men ! would know each other better: or, not I knowing, have more faith In man. Oh. i God. that men would love each other I dearer, and thus more ntarly know their I CinA i low? voting You and iraost of you. and I know I come Jn that ciagsare rapidly following thc vroeesslon of the years toward tho same brume from wich no traveler re- turns. But yet a little while have we to turn.", nut yet a nine wnue nave we xo waI among our fellowmcn: only o. little longer can we sit with our wives and our chldn.n. Tlme ls coming so quickly and so surely when you and I must face the Judgment seat of God. Gentlemen.' all I ask cf you now and today Is to answer in thl case as you will answer In that last great day. when consciences of men are read by the Omnipotent Eye: and I asfcr ycu to decide tnis case witn mat same merciful consideration that you would ask for your own souls in that great final day. Whereupon a recess was taken until 2 o'clock P. M. HENEY COMMENCES ItEBTjTTAJj Prosecuting Attorney Replies to Thurston and Bennett. , Gentlemen of the Jury: I feel like congratulating you. as weH as mysslf. that our labors are so nearly over. We have listened for two or three days to arguments for the defendant, thft greater part of which. It men's to me. was an appeal to your prejudices In th first Instance, and to your sympatUIes In the second Instance. Very little time was devoted to a discussion of the evi dence. Now, I want to say that if I. at this moment, had the power and duty of sentencing thl defendant upon a ver dict of guilty at your hands. It would De i one of the siddes duties of my life. I I gtne wrong, as I think this evidence showr. as any member of this jury can possibly feel, or as even his own attor neys feel. But that can have no place In the duty which I have to perform. Why. even Senator Thurston challenged m to answer whv I had not. under my sworn duty as a prosecuting officer, brought In an additional Indictment for KUbornatIon of perjury against Mitchell, showing that he himself nzes thP fact that svmpathy cai senator recog- nlzes the fact that sympathy can nave no piace in determining wncjuer juu, tinder your sworn oaths as jurors to try this case and determine whether It has been proven or not; or I, under my sworn duty as a prosscutlng officer, shall prosecute whenever the evidence Justi fies. President Roosevelt said the other day In a speech to the Harvard students: "There never was a time In the history of this Nation when It needed more than It does today men who can become lead ers, who have lofty Ideals and who try to follow them, and do not satisfy thera flelves by merely talking about them." Asked N'pt to Violate Oath. I shall undertake to show before I fin ish why you ought to give no considera tion to the suggtsrlons which have been made to you in the way of appeal to your sympathy, and In the way of asking you to violate your oath as Jurors, and permit tho defendant In this case to go unconvicted because he has paid Oregon In advance for permission to yiolate tho laws which he helped to make; because that is the sum and substance of the argument. Now then, let us go back a minute to the evidence. And let us first determine If there Is any doubt about the question of whether the prosecution ha? proven, beyond a reasonable doubt, that John H Mitchell did commit the offense which is charged in this Indictment. Now. when we have determined that question to our satisfaction. I will en deavor to point out to you the reason why I tnlnk your verdict ought not to be influenced by these other suggestions. But the first question ls whether or not John H Mitchell has hem Droved culltv f of the offense charged In this indict ment. Now. counssl complained that l had oxpressed an opinion to you na to the guilt of this defendant. I think if he will read carefully -the argument which was printed In extenso in tho newspapers, he will find that I never once expressed such an opinion; that I have been careful to express no opinion and no belief; and I have been careful for the reason that the prosecuting offi cer has no right to testify: what his opin ion may be as to the guilt of the de fendant Is not for him to say: but neither is It for thc attorneys for the defendant to tcstiry: they have no right to testify as to xvhat their belief Is as to the guilt of the defendant, nor as to what their belief Is as to whether a wit ness has testified falsely or truly; nor of the defendant upon trial. This char- acter has not -een put In Issue, by rea son of the fact that no evidence was pro duced on the part of the defendant to show that he has a good character. I say that all the statements of Senator Thurston and all the statements of Mr. Bennett, as to what they knew about this defendant, were entirely Improper and wrong. I say further that all their statements about themselves as to where Senator Thurston was born; as to how he acquired Ii.s education; as to how his father fell upon the battlefield, etc.. have no place In this case; that was tes timony and given not under oath. I say that It could In - no purpose except the hope that It might Influence some one of these Jurors, and tin-' jurors are sworn to detetmlne tlii iase solely upon the evidence produced hf-ro upon the witness 1 to get you to miv wnctncr you would do ).. m Anntt uja that or nor. tiP'x Mr. bennett was stand. Each Btwnuousiy enucavoreo questioning the Juror?, the first Juror who said he came from lowa met with the prompt respoinr fiom Mr. Bennett. "Why. that !s my stat . " That ls a spe cies of pettifogging which ought not to be Indulged In on thc trial of any case. It could enly b upon the theory that If vou were from Iowa and knew he was 'n rtenc .i?jn2"?n rdtfn J Wn? was repeated upon the ar, ten The argu ment; he told you what sort of a lawyer he fcs. and that lie doesn t claim to be smnrt. and yet while he was telling you that he didn't claim to be smart. It was evident that he thought he was smarter than you. because he thought he was reaching your prejudices without letting vou Know it. t aon t tninK ne wa.? smart i in that, because I don't believe he fooled i r i1nt7m mfin on tnw ill T no to WnAI V. njs onject was. j That potlnnnl rfritment j - -.cviitjj.ai .UbumLm. Xow. then, reference was made to th? ; fact that I came " here from uailtornia. What was thc nuroose of that sugges tion? That an Oregon jury might, resent the fact that a foreigner had come In here and had attempted to Indict and to convict some of your public men; and Mr. Bennett says that he knows the Oregon Jurlw. why. I tell you. Mr. Ben nett, that you don't know an Oregon jury one-tenth part as well as I know them, because I know them from my knowledge of human nature, and I know that an Oregon juror has Just as much Integrity and Just as much manhood and just as" much common sense as any American citizen, whether he is In the State of California, the State of Wash ington or the State of Alacama. or any ' other part of these great United State: and when I meet any one of you In San rYncIsco. or in New York, or across tl e water In Europe, all I care to know Is that you are an American citizen, edu cated to love the constitution of this country and its laws: I care not what state you come from, or what section of the United Stites you may come from. Tho-?e question are buried. And today a prosecuting otilcer can appear betore any Jury, in any slate In the United States, in a Federal Court, and be abso lutely sure tSat If he U an American citizen he will be received as a friend and neghbor. and what he says will net be looked upon with suspicion upon the theory that he would come into an other state and violate his oath, anl oe the low and despicable human bcln& that