The Plaindealer. (Roseburg, Or.) 1870-190?, July 06, 1905, Image 1

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    ROSEBURG, DOUGLAS COUNTY, OREGON, THURSDAY, JULY 6, 1905.
Vol. XXXVII
No
54
CONGRESSMAN WILLIAMSON IS
TO FACE JURY FRIDAY
Will Be Tried Jointly With Dr. Van Gesner
and Commissioner Biggs. Many
Plead Guilty.
Portland, July 4. Congressman Williamson will be
the next member of the Oregon Congressional delegation
to face a iurv. in connection with the laud fiauds that have
been perpetrated in this state. He will be put ou trial
Friday morning at 10 o'clock in the United States Court,!
together with his partuer, Dr. Van Gesner, and Marion R.I
Briggs, United States Commissioner. It is charged that
Williamson and Van Gesner suborned perjury by securing
persons to file on lands near Prinovile, making false affida-;
vits and transferring ihe lands thus acquired to the two
partners, who are interested in the raising of sheep.
VENIREMEN DRAWN.
Yesterday afternoon, after the Mitchell
VERDICT OF GUILTY AGAINST
SENATOR J. H. MITCHELL
( Aged Senator Received the Unexpected Verdict
With Composure and Great Fortitude.
Motion for New Trial.
THE VERDICT.
Portlaud, July 3, 1906. In the case of the United
hfljipieft, sweetest .lav in t lie politics
annul of the world. It marks the birth
( nmo's brotherhood and Wlilj) " it
opened wide t tie door of opportunity, of
hope, of endeavor to all the children of
men."
At Sawyers Ferry
Away down on the classic l'inpna
there assembled an immense crowd ol
country folks and the natal day was ap
propriately celebrated with patriotic
sons, recitations and S-eches. Our
worthy young townsman. Atty. .lae. K.
Sawyers, was the orator of the hiv and
closed his address with the following
stirring peroration : "That on .Inly
177H, a new nation was born was not a
momentous occasion. tiovorntnents
linvp ronu nr d trnnt but that a 11:1-
tion dedicated to liberty, to the rights of States ngaiust Senator John ti. Mitchell, we, t Me jury, hurt
man as man, took its place among the fl, jr ,,(jn, :i. M charped in the indictment and rec-
"'j o
case
nations of the earth, was, and is, the
most stupendous fact of all the ages.
Herein lies the hold which this day shall
ever have in the hearts of the people,
eternal as the everlasting hills upon the
bosom oi mother earth. It represents
the glorious central idea oi the mighty
and invincible republic. Ami as long as
time endures, as long as the love of Hb
erty is enshrined in the hearts of the
children of men, will ti e Fourth of July
lie a dav of rejoieiaw. of overflowing and
had boundless patriotism to the American
people MM through them, to an ever
grow ing and incieasing degri e, to all the
' people of the eaith."
Al MhtJ-4 Wedding
Here was also a large and
gathering at which place was
bur;:;
0 H,
Wil
gone to the jurT. Clerk J. A. Sladen drew a venire of go
names, and from this list the 12 men to try Williamson
and his associates will be drawn. This list comprises the
fWIWrr mm rcA.c 4-nrr, Snii t Vi vvQt .r (Wnn- Here was also a large and pitriotn
o a it nit' t uTiti-h it Mi l' araU inr ititlnl
Douglas County Champagne. H A, Stockman Rose- 0u the piocram a pleasant ami interest
Dewev, 1 L. merchant, Glendale, (deceased); Flook. ot down on any other pro-
r ii t nr tV j i mi gram in the c. untv a wedding. The
farmer, Olalla; Leveus, W llliam, miner, Galesville; tn cwtraetie. -rtiee in tins atoasin
SOn. John, merchant. Voncalla. I attraction was none other than Kev.
Jackson County Crowell, H M, farmer. Medford;
Huffer, J H, Sr, miner. Jacksonville; Olwell, John, farmer,
Central Point.
Josephine County Espy, II W, Leland.
Coos County Carlson, Gus, farmer, Lake; Ham
block, J V, laborer. Parkersburg; McKarlin, C D, farmer.
Empire City; Mast, Webb, farmer, Lee.
CurTy County Caughell, William, fisherman. Gold
Beach; Millei, W R, stockman. Ragic.
ommend htm to the mercy of the c?urt for leniency.
THE MITCHELL JURY.
i. Steiner, merchant, Salem, Marion County.
H. Cleveland, farmer, Salem, Marion County.
Ed. Daily, farmer, Kerb', Josephine County.
K. L. liver, grocer, Pendleton. I'm at ilia ( 'ounty.
Bert Leabo, farmer, McMinnville, Yamhill, County
j. A. Baxter, farmer, Dallas, Polk County.
P. Clauson farmer, Riveitou, Coos County.
T. Hobart, farmer, Silverton, Marion County.
A. Carlton, farmer, Welles, Jackson County.
F. Grant, farmer, Harlan, Lincoln, County.
Prank Warren, farmer, Warreuton, Clatsop County
W. II. Lewis, farmer. Jewel. Clatsop County.
I bureau, ollicer, or any civil, military or
I naval I Oil I miion whatever."
The gist of tin' offense denounced by
i this statute is the receiving of compen
sation for serviies therein referred to.
i The mere rendering of servii es by a Sen
ator ln-fore any department is not pro
hibited, but the intent and meaning of
the law i that if a Senator goes before
! the department to render a service there
to anyone in a matter pending there in
which the United States ia interested,
he s nil not do it for compensation,
either given or promised.
what Constitutes Violation.
It was the privilege of the defendant,
as a Senator of the I'nited States, to
make inquiries at the lieneral Land of
lire, or of any of its officers in regard to
the status of any matter" therein pend
ing, an I to make Inquiries as to what
Rtepfl hnd Is eii taken by the officers of
the General Land Oftce, and what steps
might be Boetem abated by such officers
in connection with the investigation
consider, tion and determination of
revef a iaud entries de-xrilied in Ihe in
dictment. If such inquiries were made
and the information received commnni
cated to Kribs and Tanner, and no at-
OLD
MAN BECKMAN IS
AGAIN IN THE LAWS TOILS
j
s
B.
Lane Countv Hale. Kansas, farmer. Hale: Kirk. T : state which he has rcpeatediy traversed
J, farmer, Junction City; Roberts, Arthur, bookkeeper, 1 l' -
' J J 1 ' : wav on the part ot the various Sund.iv
Springfield; Walker. G 0, farmer, Walker; Williams, J W, schools to purchase and present bin
farmpr Tnnrtinn Pitv I with a new motorcvcle on which be Ml
Mark 0 Muuscn, of Ib sebiiri, and Miss
Florence M. Adams, of Kellogg, two
very highly esteemed young eople af
this county. The pretty ceremony was
performed by Kev. C. K. Clepp, after
winch hearty congratulations were
showered upon the bride and aroOBB ai d
the festivities preeeeded. MarkC. Mun
son, the groom, has long 1 een eagaged
in the Sunday School missionary work
in Southern Oregon where he is widely
known, being universally honored and
esteemed throughout this part of the
the crowd from as br north as Cottage
Grove. The exercises, sports and races
nJilTV TCI CDfi ATIAIIC I a" 'a8sed cff in t011 orJer ntl eener
iTl All I LlLL DKA I lUllJ al A time was the verdict of every one
DOUGLAS COUNTY'S
Patriotism was rampant in Douglas
county on the glorious Fourth. The
firecracker brigades were out early and
in full force. The weather was simply
perfect and Roeeburg, giving way to the
country towns this year, turned out and
contributed largely to the attendance of
each of tne county celebrations. Every
body threw formality and stiffness aside
and tried to believe that he was a boy
again and enjoying as only a boy can a
regular old-fashioned country celebra
tion. At Yoncalia
The Rosebnrg Orchestra furnished
splendid music for the Yoncalia celebra
tion and grand ball in the evening at
which place fully a carload of Roee
butgers celebrated, while people swelled
At Myrtle Creek
The Roeeburg band furnished
at Myrtle vreek anil attracted lully a
carload or more of our citizens thither.
That enterprising little city is said to
have carried out most successfully a
very creditable and interesting as well
as an appropriate program and every
one fortunate enough to be in attend
ance report a very enjoyable day. A
large crowd wa present.
At Calapooia
A pleasant and enjoyable day was
spent by a large gathering of people on
the Calapooia near Stephens postoffice,
which occasion partook more of a conu
try picnic than a celebration, but was
greatly enjoyed by all present. It was
here Attorney Orcntt orated and is said
to have launched out thus eloquently :
"Thie is the Fourth of July, the bravest,
traverse more easily Ids large territory
The bride i- a charming and most .es; .
mable young lady w ho is regarded in
highest esteem by all w ho know her and
will make a most worthy and congenial
life's companion. The happy couple
will lie at home to their Iriends in Kose
music i burg after My 111. The l'laindealer
joins in extending congratulati ns and
best w ishes.
Other Celebratioas
Other celebrations equally as interest
ing and appro) riate were held at I lour
noy valley, l.ilendale, (ilide and OUlia
from which little or no reports have jnri
been received at the Piaindealer office,
other than that the day was spent most
pleasantly at those places, a grand ball
concluding ihe exercises at Glide.
r -y
MARSTERS' DRUG GO.
I
I
DRUGS
PAITENT
MEDICINES
PERFUMES
SOAPS
TOILET
ARTICLES
RUBBER COODS
STATIONARY
SCHOOL
SUPPLIES
WINDOW CLASS
LIME
AND CEMENT
ALL KINDS OF
SPRAYS
Portland Centennial Notes.
I-iln'rati's fmious Italian band of fifty
pieces is now gfeiag two free concerts
daily at the Lewis and Clark Kxposition.
Susan B. Anthonv, the leading ex
ponent of woman's suffrage in the I'nited
State", was the honored guest on Fri- '
dav, June 30, at the reception held in I
the Oregon building at the Lewis and
Clark Exposition.
Saturday. July I, was Trail Day at
the Iewis and CI irk Fair and on that
day the amusement street was formally
opened to the public. There are
thirty-five shows on the Trail, and it
coats about seven dollars to see them all.
In the Idaho building at the Lewi,
and Clark fair there is a pyramid of
nearly pure lead ore which weighs i0,
000 pounds. A single specimen weighs
ll),ouu ) iinds. Malio produces an
nualy forty per cent of the lead mined
in the I'nited Slates, and twenty-seven
per cent of the world's supply.
In the Foreign Kilobits building at
the I-ewis and Clark Exposition there is
Portland, July .4 Ou almost the
str ke of 11 o'clock last night the jury
in the case of I'nited Mates Seuator
John H. Mitchell returned a verdict of
girlty as charged.
The jury reo mmen led the defendant
to the mercy ot the conrt.
Ihe charge is that Mitchell, while
ocenpving a high position, accepted (-
cuniary compensation for practicing : determine the i.ints of
liefore the federal deiiartments at Wash and give their decision
ington.
There was little belief in the city
that a speedy verdict would be reached
and when the hours wore away, and
the jury hung far into the nifht, hope,
erefl suing the remaining lew in the
tiuml limaa, ebbed to the lowest sUge
A few aaiMMM before 11 o'clock the
baii.ft. as be had been a number of
times before, was summoned to the
jurv room. A moment later he reap-pear-d
and communicated to those in
waiting that the jury had agreed.
I Judge Ie Haven, the attorneys and
the aged senator, w hose last days were
to be downed with disgrace, were sum
moned, and. in an incredibly short time
hey appeared. Judge IeHven, as
cending the lench without removing
his overciet, directed that the jnry
ie brought in. They filed in and took
their places in t! e jury box. Csptain
.LA. Siadec. clerk oftheciurt, was
Landed the verdict by the foreman,
and, opening i', proceeded to read it
andd tlie crash and the rattle ol fire
works exploded in the streets on all
lour sides of the court house.
Captain Sladen spoke low, and, with ,
the din w iihout. hot two sentences of
the verdict were audible, "guilty as
charged." and "recommended to the
1 mercy of the court."
The aged senator received the ver
dict with fortitude. Severe and evident!-.
uneXcted a to the blow, he
showed no outward sign save by a
ghastly palor and a nervoii stroking of
his heard that he felt the blow.
As Captain Sladen concluded, Judge
lie Haven said: "Gentlemen is this
your verdict?"
"It is," reonded the foreman.
Clerk Sladen uolied the jury, and
Judge Da Haven directed that it be dis
charged. When these proceedings were
complete, Judge Bennett arose and, on
the part of Senator Mitchell, moved for
a new trial.
Judge De Haven directed that the
motion lie continued till next Monday
and declared the court adjourned.
All morning and a portion of the af
ternoon was consumed by Heoey in
finishing the last argument of the pros
ecution. He devoted a large part ol
the time in demonstrating to the jnry
Wife Slayer and Murder of Stepson Returned
to State After Promising to Remain
Outside When Pardoned.
William F. Beckman, who murdered his wife and
step-sou, Robert Ring, at Oak Creek, this county, in 1894,
and was convicted and sentenced to the penitentiary for
life in the year following, and was pardoned by Governor
T. T. ieer in 1902, was brought back to Rosebnrg Wednes
day evening by sheriff H. T. McClallen, on a bench war-
the rant issued by Judge Hamilton, and will be tried for mur
der. Beckman was Dardoned on cnnrlitinn tlior o-'u
4 v u ft -a u b w w f VliiU
He left the
prison, but
" recenilv h
:l lence Hern, aim to make special, ex pe-I T7" ' fi taainR up UJS
tempt was made by the defendant to in-
; j
said applications I residence
leave the State of Oregon and
state immediately after being released from
never return.
-.,-tine that Mitchell nm-t haveknosn where
the alleged illegal fees came from. In
alluding to Mitchell's age and long
service, he compared him to Ixird
in his old age. notwith-
his countrv,
a reproduction of Hachael's
Madonna," done enti ely in needle
work. The reproduction was made by
a yonng tierman girl, Fraulein Clara
Riglerger, and is considered the most i Bacon, who.
wonderful evr. la of art nPH.llenurk standing his services
- 1 - I
ever created. greater far than Mitchell's, was tried
Fridav. June 30. was Vancouver I)sv ! ami convicted by the house of lords,
at the I-ewisand Clark Fair. People ot
the historic town of Vancouver, Wash ,
to
i and sentenced to be imposed.
Judge He Haven delivered the charge
PAINTS, OIL, VARNISH
to the number of nearly two thousand,
swarmed into the Fair grounds in the
morning, and paraded with banners and
badges. "Vancouver Grows Without
Watching" was the slogan of the Van
conver people.
The free illustrated lectures by Harry
Bulkley, of Washington, I). C , which
are given every afternoon at four o'clock
in the (iovernment building at the
Lewi- and Clark I air, an; attracting
large audiences. Mr. Bulkley speaks
eloquently on the wonders of the Yel
low Stone National 1'ark, and his lactate
is beautifully illustrated by colored
lantern slides.
The irice of admission to the Lewis
and Clark Fair grounds in the evening
has been reduced, by provision where
by the purchaser of a fifty-cent admis
sion ticket receives with his ticket cou
pons which admit him to twenty five
cent's worth of shows on the Trail, The
arrangement is proving popular. The
change was made because it was thought
that the fifty-cent charge which merely
permitted the visitor to the grounds was
unreasonable, since the exhibit palaces
ate not kept open in the evening.
to the jury immediately on the con
clusion of Heney's speech. The charge
was fair and satit factory to both parties.
He told the jury it was its duty to con
vict if there was no reasonable doubt as
to his guilt, otherwise the verdict
should lie for acquittal. The gist of the
matter was whether MitcLell knew at
the time the money was paid, what and
wherefor it was psid, and whether he
had done work before the department
xpecting compensation. The act was
for the jury to decide.
The case went to the jury at 3:30
o'clock.
New Move ia Mitchell's Case
Read the Piaindealer for all the News
All dental work
by Dr. Pearson,
Wilson building.
postively guaranteed
office in Taylor and
tf
Portland, July 4th Counsel for Sen
ator Mitchell will appeal the case from
the decision of guilty rendered by a jury
last night. On Monday a motion will be
made tor a new trial. If, as is expected,
this is summarily denied, counsel for
the convicted Senator will endeaver to
bring their case directly to the attention
of the Supreme Court of the I'nited
States. Points of law will be closely ex
amined with this in view, and if possible
the I'nited States Circuit Court of Ap
peals will be passed over.
Upon being questioned, District
Attornev Frances J. Heney said he saw
belies ed that the law would not allow
, them the right of further bearing of tins
case.
If the case is heard further it may
come before iLe I'nited States Circuit
Court of Appeals, which meets la Port
j land on September 3. At lb t tune
Judge W W. Morrow. W B Gilterl
and J. H Koss will sit en banc and
aw in the case
as tO W i.e t.er
there sre grounds for the case goii lw
fore the Supreme Court.
If the motion for a new trial is denied
Mitchell will probably be sentenced
Monday.
It is expected other rha'ge : '.-n
against Senator Mitchell will drop
ped. The first five votes by the jury was
eleve:i for conviction and one for acquit
tal. On the sixth ballot a verdict was
reached.
Jiry iu4 II I I
During all the seven and a half lu nr?
that the Mltchei yiry was out OBlj i DC
of the 1! men votid in hie favor. On the
sixth ballot he changed his vote, and
the jury was rea ly to return into
the in wt important verl.ct in
the criminal annals ofOiegaa
During every one of the ba.iots taken
up to the sixth one vo'e was lor acquit
tal. The voting started some time after
the jury retired. Tthe ra-e wa
over as to the points of evidence and tde
inst'uctions of the court. Then a ballot
was taken. It stood II for conviction,
one for acquittal. Another was taken,
and so on. without change until the
sixih. Before this was orden-d the fie
senter was asked what grounds he sti-.l
on for acquittal of the defendant. He is
said to nave rattier Pklgelthe issue,
but gave away the fact that it was
sympathy for Mitchell.
He is reputed to I ave lieen asked
whether, aside, from his sympathy for
M tchell, he though', the e, d-nce wa
suffici -nt to convi-t. Yes, he thought it
was. He was told that the others felt
as much sympathy as he, but that they
were doing their plain duty under the
law. Then on the sixth ballot the vote
stood IS for conviction.
Judge DeHavcn's Charge.
The complete stenographic reirt of
Judge IV Haven's instructions to the
jury follows:
Gentlemen of the Jury :
You have patiently listened to ' he evi
dence that has been submitted to you in
this case and given close attention t
the exhaustive arguments of the. res pec
tive counsel, and it remains for me to
instruct voo in such mattet- of law a !
deem proper for your guidance
It is a principle ttiat a defendant, up
on trial, is presumed to te innocent
This is a substantial right of the defend
ant and the presumption itself is a nut
ter of evidence in his favor, an I is sutli
cient to entitle him to an acquittal, un
less it has been overcome by evidence
which leaves in the minds of the jurv
no reasonable doabt of his guilt. By
reasonable doubt is meant su-h a d 'u!,t
as a reasonable man might entertain af
ter he has endeavered to reach a fai
and honest conclusion as to the weight
of the evidence on which he is require.!
to ad in returning a verdict ; or, statist
in other words, a juror may be said t
entertain a reasonable doubt of the gunt
of the defendant when, after considers
tion ot all tne evidence. Ins muni is u
that condition that he cannot sav that
he feels an abiding conviction to a moral
certainty, of the guilt of the defendant,
that is when he cannot conscientiou-ly
say that lie is tully satisfied. Irom the
evidence, of the truth of the charge
made against the defendant.
Cist of Indictment.
lit.- and approve the said applications I residence wun a friend, i his tact became known to thp
...mend the iaaataa. of patent authorities here through complaint of Beckman's step-
therefor, the dtfendaut comriiittt-l no , j L'riit
violation of : h- statute But if. by let - aaugnter. ste of the bo he murdered, and upon lnstroc
ter or otherwise, the defendant, while a tion sent from Roseburg, Beckman was arrested When
lf twl"i! "T: H taken into cnatody at Portland. Beckman stated that he
induce Herman as Commissioner of the I onxitu mi nc
General Land (Mace, to make iambi, j waa enroute to California to enter the Soldier' Heme,
ezpediu-and approve tw, said appJien- Beckman was sent to the penitentiary for murder-
tions. and knowinglv received com pen- . -r . .
. i -,g. then the acceptance ' in8 n)s Wlte- An indictment charging him with niurder-
of such conipen-atn.n was a violation of ine h'l Stepson, Robert Kine. was returned at tne name
time, but he was not tried on that charge. The bench war-
.... . .
the law whn-h 1 have read to you
F irfl Count of ladirtmeat.
rant inst iccnerl hi- T nrl err- H o m !1 tr. i:.o,1C... .I.- D l
The first cunt ol the indictment) f J J 6 iudi ucuilian
charges, in substance, that one, Freder-, ws indicted for murdering Kobert Ring and for this crime
B. fkraan will be tried at Roseburg at the next term of
Circuit Court, meanwhile being confined in the county jail
iik A. Kribs, was interested in a num
ber of tim'ier entries of puMic land in
th-: Boas bora land district, in 'he State
of Oregon, the several entries being set
out in the roaal : that said entries were
pet. linn before Binger Hermann, Com
missioner the lieneral Land office;
that said Kribs, "contriving and intend
mg v Jefraad the LTaiied States of its
said It nds and the title to and use of the
ame." contracted for the services of
John H. Mitchel' and Albert H Tanner
pirtners in the practice of law, as at
torneys for him "in appearing before
and H I spading the said B: tiger Her
... -p--Ul. expedite and ap
prove the aid applications and claims.
at this place.
1 this money or check was. as a matter of
law, received by the defendant in tbis
i city It is not claimed by the govern
ment that Krite ever directly paid to
: the defendant auv money as compensa
tion for the services described in
this count ot the indictment, but the
i claim is that the money was paid by
. Kribs to Tanner, 'he defendant's law
partner, and was afterwards paid to the
i defendant by Tanner in m tking a divis-
at Portland, Or.
ion of the .lining nf I ! I . v firm of
and recommend the issuance of patents, u.. . . . . . ,
, ' Mitchell A Tanner, bv depositing the
n;n the same. a thoogli thev were , . ,, - . .
F . "I same to the credit of Mitchell in a bank
lawiul an l tna noe applications and
eiaifii- : ' tliat suefi srv n t-s were in fart
rendered and were to 1 rendered before ' im,nmtM ,fl
the said Bmger Hermann, as Commie-1 t'Po this point I charge you that the
doner, as they, the said Mitchell & Tan- ifovernment is required to show more
than that in the divisn n of the earnings
Hermann "to make special, expedite
and approve the said applications and
recommend the issuance of patents
therefor." Ia other words, a gniity
knowledge or intent upon the pert of
the defendant must be shown ; that is,
it mast be shown that he knowingly re
ceived as compensation the money or
some part of the money paid by Kribs.
The defendant is not guilty of receiv
ing compensation as charged in the in
dictment unless at the Ume such com
pensation was received by him, he knew
that it had been paid and was received
by bim for serv ices rendered or to be
rendered as charged ia the indictment
Prcsaaaoaas ia Agreeaeat.
The presumption is that any agree-
r.er. we;i knew, wfiile the saur John n !" vmmttm mwviim i oi iik raruiugs mem wnivn parries may maxe. and
Mitchell was a Senator of the I'nited t ,n firm of Mitchell A Tanner the de- which is lawful according to its terms. is
Mates, that upon February IS, 1VW2. fendant received his share of the moneys ' lawfully intended, and anyone asserting
the arid Mitchel A Tanner, at the City ' pnd bT Kribs. bat the proof mast go that sech an agreement is merely a
at Portland, ia the District f Oregon. ; further and show you that whei the de- cloak or cover for illegal purposes most
!.; .- ;l e defendant Mi:, hell was a Sen- fendant received such money he knew p.xive the same, and the jury are in-
ator of th- I nited Mates, unlawfully
The indictment contains seven counts
in each of which the defendant is charged
with violating section 1872 of the Revis
ed S atutes, which, so far as is necessa
ry for your information, is as follows:
"No Senator . . .after his election and
during his continuance in office shall
receive or agree to receive any compen
sation whatever, directly or indirectly,
for anv services rendered or to lie ren
dered to any person, either by himself
or another in relation to any proceeding,
contract, claim, controversy or other
matter or thing in which the United
received trosa the aaid Kribs $500 for
aid services rendered and to be render
ed before the ii 1 H maaaa as Com m is- ;
sioner in relati n to the ti:n!er entries
lescribed in the count.
The second, third an I fourth counts
are similar in form. ach specifying a
Liferent date up.n which it is alleged
Bpaaaatfoa was receive. by the de
fendant for the a!leed services ; and the
eeon I an I fourth counts, charging that
compensation wa received by Mitchell
V; Tanner in the form of a check of the
value of tflMl
Counts rive. ii and seven allege that
the service rendered and lo be rendered
was in appearing before Binger Hermann
Commissioner of the tienerai land Of
fice, lor the purpose of inducing him to
make special, expedite and approve cer
tain lieu -elections of public lands in
hich Kribe was interested, in some as
'elector, and in otliers as claimant,
these sc.-. ; us having been made in
lieu of oilier public landa lying withie
the limit- ( forest reserves id the Unit
ed States.
I'lieee counts alev-e that com pen a- '
tion was made to Mitchell .V tanner tor
the services therein referred to. in the
lonn ol check- h iving the nv nev ralne
therein SMte l. The -ame principles of
l iw apply to all t'.e roeata, a d 't is un
eveaaarv to repeal, for the guidance in
the ous lerati f the other counts,
the lest I in Heat which I stall uow give
l you a- to the tiist count.
Direct Jim tttention.
PiriH-ting your attention, now. lo the
first count, the government is not re
anired to prove ttiat the timlier entries
therein referred to were, in fart, fraudu
lent, as stated in the indictment , and it
will Ik' your duty to return a verdict of
guilty, if yon are satisfied beyond all
reasonable don hi, first : That the timber
entries referred to in this count were
pending and undetermined before Bin
ger Hermann as Commissioner of the
tienerai Land Office, as charged in this
eaaat. And second: That the defend
ant, at the City of Portland, in the IHs-
trict of Oregon, while he was a Senator
of the United States, received from
kribs the sum of $00, or some part
thereof, w itfa know ledge that the amount
so received was received by him as
compensation for services reudered or to
be rendered, either by himself or Tan
ner, before Binger Hermann, as Com
missioner of the Gen ml Land Office, in
relation to the timber applications de
seriled in this count, and for the pur
pose of inducing him. the aaid Her
maaa, to "make special, expedite and
approve the said applications aud rec
ommend the issuance of patents there
of." If money, or a check representing and
having the value of money, was paid or
delivered to Tanner in this city for the
use and benefit of the defendant, and
with his knowledge and consent, or if
such money or check w as deposited in a
bank in this city to the credit of Mitcb-
that it was money paid by Kribs as strucVd that the partnership agreement
compensation for services rendered or to ' entered into between the defendant and
be rendered, either by himself or Tan-: Albert H. Tanner on the 5th day of
ner in proceedings before the Commis- March. 190! . for carrying on the general
sioner of the General Land Office in the law practice was and is lawful, accord
matter of the timber entries referred to. I ing to its terms. The provision in that
and for the purpose of inducing the said ' .concluded on page four)
If NUT. WHY NOT?
Every shareholder iu the ROSEBURG ROCH
DALE COMPANY is purchasing groceries from him
self cheaper and better than lie co'dd elsewhere,
and at the end of the year takes home to himself
the profits on these purchases. This is the Co
operative way.
BE A ROCHDALER
FARM IMPLEMENTS
THE CELEBRATED BAIN WAGON, MILWAUKEE AND OSBURN
MOWERS AND BINDERS, VICTOR RAKES, FEED
CUTTERS, ROLLINC DISC PLOWS AND HARROWS.
HARNESS AND SADDLES A SPECIALTY
BEARD & CULVER the hardware dealers
no eround for appeal in the case, as the! States is a party, or directly or indirect
defense had been treated fairly, and he 1 ly interested before any department. . . . ' ell, and with his knowledge aud consent
DOUGLAS
COUNTY
BANK
Etabiihl l.vvi
Incorporated '.set
Capital Stock
$5o,ooo
P. W. BKN90N, A C. MAK3TULJ.
Pm'dent. Vice PtmkIsbI.
J. HENRV BOOTH. Cashier.
BOARD OP OIKBCTOK5
P. W. RKNMON, A BOO r II J. B. BOOTH.
J. r K K ..LY. JOS. LYONS. A. C. MAK3TKK&
K. L HILL SR.
A GENERAL BANKING
BUSINESS TRANSACTED