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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (June 28, 1905)
cot 'V ,THEOREGON. DAILY JOURNAL. PORTLAND,! . WEDNESDAY EVENING, JUNE 88.1901 -'V-f HENErS CHIEF THEME ,V ; : , (Continued from One.) . ..-'- . " ' '' ; .',,, : r - nriU watnee-9. '"-rMany of vcmH - 4- those" who, were unable to ret in. re '' meined all tb morning In .th hall, ; where they were able .to hear Heney" . . resonant voice, even thougn mey coum see nothing of the courtroom. " A few . ii . . i . .... ., naAVJul rii imi rnun uu inui.a 'through the transoms. Within every - nat vol taken nnd many i wer .siana- vlnir throughout the jwaslons. Mr. llefley-began by noting 'the fsuts 'which tended to prove. Senator Mitchell's knowledge that he, war-receiving fees " '.for work done by'hjm before the-de-'partment at Washington. He analysed the Interview of the aenator with Her . ,'mann la regard to some of the Krlbs the latter returned to' Washington .In . .. ,. ...i ' . ... i mn In f hltf . in Wlirr Ji(n . ui 'v' . ..... : prosecutor sought to convince the Jury -that art of this work showed beyond doubt that Mitchell fully understood ! Tne nature vi inv wm uimt m. - flhtt was receiving- fees,' and .heWaa aharing in the division thereof at ihe end of each month. . He asked the Jury to draw an Infer . '. ence against the defendant Jbecauae-his ttnrnavi 'had refused to Dermlt the ' prosecution to show what were the : uatiul fa nf the firm trloe toTlie time that it began receiving money for the - land eases. Mr. Heney said that if the defense had permuted mis -evidence xa. go In, apd U was shown that the ilrrrt .'.."division -was often represented by a -deficit at the end of the month, prior .' - to the time that the land case fee com- menced, and Immediately upon the sen ,' ator's returning to Washington .and be. meots. munificent dividends began, the defendant could hot have any doubt al to the source, of the payments and the nature of the profits that were belni sent to him. - v Tne-jonn A. oenaon transaction wan. recalled to note wherein this must have '. conveyed to the aenator positive knowl- . was being done by the firm. The letter which Tanner wrote,- that Benson had n -been here, and admitted that 1,200 acres . had been passed to patent through Ben- mtiim Ultnk-n'a li.fl.i.nna RA v ftt mi urn poaiuvo prnui mat pum no uBnnnri : fully understood the character of the work being done, and the. results thereof. The statement by Tanner that' he had '; warned Benson that Mitchell would not ' want to confer with Benson's represen tative In Washington Dim on d was Referring to the dual position of the , Menator, in which he would state that tie could not"tappear"bfl briefs before the . department as an attorney,- but would . neip as a senator, Mr. Heney caustically - .said that this was another .illustration "'of Dr. Jekyll and Mr. Hyde." - MK Heney often grew eloquent, when - he held the rloseat attention while the scuffle of feet la tiie corridors outside. - roia oi.ine intense snort made there to hear his every word. In arguing against . Sympathy toe the defendant because of bis position, the attorney said; v. "W are -facing a serious situation lam U TT-lt. a " mwx tn iiioBw , uiiuru ouitcs. , m' ryes or tha worldt ir upon thm cue, Mpeclally th wh4 Unitfl BratMi In watchlnc nCa!e.M l.-.t . '.because, if from" the. evidence in this vase you reaeta the conclusion that this - defendant is guilty, but because his , counsel weep and cry before you- and - appeal to you for sympathy! you acquit him, I say to you that by that verdict you will have convicted the state' of wrgon, - oecause ir- you are convinced. from thnev1dence that he Is guilty, the Tnlted States will view It the same clared that the cltlsenshlp of the .state . of Oregon Is not of- sufficiently high standard that It mar be said there that no man Is above the law. Tou wllcran nouncs to the world that the state "of Oregon has no objection to graft In the United States senate. Toff will have as sisted fn stopping the wheels of progress : in the United States under the guidance .iof our-president, Theodore ; Roosevelt, .).... ..11 W 1 . . . . stop crime of this character through out the United Btates." Turning to the attaca of the defense On Judge Tanner, Mr. Heney grew elo quent. "V-They wbjoct to "the testimony- of Tan . ner on the grounds that he is guilty -of ' perjury,".ha aad. "Who Induced him to commit the perjury? Why, tha consti tution makes the suborner of perjury as ltirnmnetent tn tamtifv faiirp .a thm one who commits perury, p?cng sub ornation of perjury upon the same level as perjury.- What dot- Tanner's plea of guilty amount to, if it is to be ac--cepted In this "court? It amounts to this proposition: I, at the urgent sottcl- tatlou of my bid partner, and to save him, at his Instance and request, r-offj mil perjury, rn.uu not nniyti, out 1 nave rrty-son, who is threatened with Indict Thi Table talks Its good qualities speakr right outtMade" of solid, 'Selected oak. Quarter sawed and kiln-dried, itm KraSiti- JuV design, hand-rubbed finish wornmansnrp -appeal to au wfio know table values. Then, look at the terms t " , a i.A..,MIf i Wo.4ao Tna la at Inches diameter, extend.' tn a r.t ioh i .w.. handsomely turned awl. fluted, JuetJIke cut. The price hss been but w re knocked off ti. and sell it toVou at tfn at 'n nt- ..k A aq'ia re-top" costs you a dollar less. . ' I. GEVURTZ & SONS' "O-vurti Sell It for Lew" ment,. commit perjlry also .to sav ft1s man at this man's request. ."Which of these two. men, I k yu deserves the greater condemnation, the father whQ. committed nerjury-and had hla son do the sumo, lie who was Juxt entering upon his career of jnanhoodo save thls defendant, -or the, man whose guilty mind manufactured this defense and implored and demanded that his partner-of 13 years should stand by-hlm and commit thrs crime forjilm, the man who not only suborned, but who was ready and prepared to, gojnd teatlfy to It himself, because when he wanted theae hooka rewritten. It must have been with, the Intention of -swearing that to the beatT of hlsbeljetthat the rewrltten-toouks were the only ones the firm ever MraT "And .-what rnoret He left Tanner with ttte sword hanging over Ills head, held by a thread that was likely to break at any moment, for Tanner did not know what-Kobertaiin-wham this defendant had also agreed to suborn, would do. Tanner had pledged himself and his son. and writing to this defendant to Know what Rotiertson would do. But Hi Hefflshness of this man led him to let Tanner sacrifice himself upon the chance that Robertson would also com mit perjury when he got here, through the persuasion of Tanner. He let Tan ner commit perjury, until It was too late to turnback. Relying upon tha af fection of - Robertson fot Tanner, he sacrificed Tanner out of his great self ishness, end permitted that man to de stroy himself before his friends saw neighbors fdrever by having the brand of perjury placed upon his head, and then Tubbed and stamped In-by the de fendant's attorneys here In this court room. Let them dare to argue that yo ought not to'helleve the statements of Tanner. : fcsfeBdsjXaaner. - - ' "Why, .Tanerevn: tn his humilia tion, la nobility. itself,-it-man to whom we would have our children look ureas compared to the man who sacrificed him upon the altar of friendship; knowing that ha waa not .carrying out his part of the contract, knowing that he was leav ing Tanner where Tanner would be met by the original agreement written by Robertson who would probably have-f! stenographic notes of the original con tract, and . whot jim It 'turned out, did have a carbon copy of that made from the origlnaUjln 1903. 'And Tanner stood there protecting this man and ' facing the penitentiary until his love leads htm aside, until the - indictment had been voted against him and against his son; then he went Into court. . Then and not until then, after all the bridges had been burned, when there was nothing left for him to do but aee his son walk into the penitentiary before his eyes as a sacrifice to the unutterable selfish ness of this dofendanjt, did Tanner con fess.7,.,... . ....... l--. - A short -time was given-to the testi mony of II.-C. -Robertson, the senator's former secretary. The speaker asked the Jury to consider what motive Rob ertson could have in injuring a man that had befriended him for many years, snd Invited them to regard the fact that he rebelled agnlnst perjury as .an evidence for his profound convjetons. Mr. Heney repeated 'the statements that Robertson had-not haan approachsa by hut one' government officer prior to the;. time that he went into ,-tie grand Jury room, that being Taylor, In Washington. District of Columbia, of which testi mony was -given. - The fact . thathe would not commit perjury whtfrr f lull y broiight- facejo face with facts which he could, not evajie was repeated as a tribute. By doing this. Robertson knew that he would lone his poslton with Senator Mitchell, that he would be ac cused of ingratitude, but despite all Ire has Sold the same story that Judgean.4WOU,l, ?lJn0 J' convict MltchelU ner toM, and had given documentary evi dence to-btav" t hut he spoke truthfully. Attorifty Abbott of Seattle was handled rotiglily in the brief time that his name was up. - He testtfledrthat he had heard Robertson say something not in conformity- with his testimony be fore the roirrts.- - Mrr Heney- broulfn't to the attention of the Jury the statement of Abbott .that the latter an Id- he would not believe Senator Mitchell guilty, no matter how many times he had been in dicted or convleted. The government's attorney thought this an open statement of the friendship of the witness for the defendant which should make all of his testimoKyWorthless, as. the law could not; view -ddenc In that-Ugh t. An ap peal was titade to th Jury to censldct this' remark. - - ,-- Judge, De Haven adjourned, for the noon recess ..before Mr. Heney could finish. - - Ofths throng whleM-rrt,ed very avhll able space In the courtroom yesterday afternoon there was none who was not impressed with the deep solemnity of the occasion,." The eyes of the spectators turned constantly to Senator Mitchell, who sat with folded arms and unmoved countenance, while ha listened to the terrible arraignment of the prosecuting attorney. United States District Attorney Heney -piano polish and . thorough : NoT480 w - - - - - w v, 173-175 First St. began hla opening argument to he Jury mi n'cwu vasferday aftfrnoiri. and had not concluded" jwhen court adjourned sooa ft,tr 4 o'clock. Logically and with Inteuse earnestness he n the government's evidence. Step by step he led Ihe jury ov.eF the pathway which he expects lttofelch a verdict of guilty. . tenalorMltchflJl listened with painful intentness, yet wun ma ni" r.r.tm -(III I n ll M kTl. tO PUtWSrd BP' f-pearance. Beside Oim sat nia on whoae akin ano perauaai - now hang his hopea They, too, lonuw.v. ith attention every point In Hcney s argument. . " ladicted Men U Court. mi,.,, thmrm .im In the courtroom WKoKeTOereat . was more than thatJ of the mere spectator. In the backbround N. Williamson, ahm. trial la to hpaln next Monday, and Htnt Senator K. A. Booth.also under nied a chair near Sen .in, Mithxhell. Hoveral attorneys who are to appear for the defendants in the coming trial were also present. Mr. Heney's argument was'remark- able, net for its eloquence and Its lorce, hut for the extraordinary famHIarity fsplsyed with every detail of the evi- diie. . Heemlnrlv every iota ot iiib nroofs waa at the attorney's finger ends. In his own mind the facts were arraytd In orderly seuuenoe. and he drove thein home to the miads or the jurors wun i clearness that left no room lor unoer talntv- or misapprehension. After briefly reviewing ine promiaes made in his opening address a weuK aao he told the Jury that to. every es sential detail te government-Ji.ad pro duced the promised rjoofs. jie outiinea tne tueory oi mo pru- rutlnn u follriws: "--r' ..w y that. John JI Mitchell en- hered into bartnerehlp with ull knowl- edge of what ihe law was on the sub ject. We say that John II- Mitchell was not prepared to openly violate the law: We aay that John IL Mitchell, as shown by this evidence, was glad. to accept the opportunity to receive moneys in a way In which he arid hoped that ir anytning ever came of it he could escape punish- RlCIIll UllUGr.lllBl .iaiUfcA ""t; under this evidence, he did receive 11 . .1 : . I . n . .. . XT' tV.nl that way the firm received $5,000, about 15.000 in round numbers, as shown by the testimony-tin this case. ... . - ,-ajhe Partaership., '- ' "Now. we say that Tanner started in upon the theory . that,. If ha could get business for the Arm ht Mitchell A Tan ner, and he didn't expressly promise the services of Mitchell Individually, It was all right for Mitchell to go and ;do that work, and that it waa all right lor Mitchell to receive hla share of the fees; and that the first case that came inio this office that Tanner accepted, .he wrote a most Ingenious letter to Mitch ell: he Wrote a letter that, upon the face of It, If Mitchell undertook .the serytca and ..carried t out In the manner ., in which Tanner auggested he snouia car. y It out, Mitchell would have recorded Ills owruS,t in a way that It could never Hje-undoner But Mitchell, when he re ceived that letter, saw that it" was-nec essary to caution ' Tanner. He 'wasn't unwilling to receive the" fees, but he was unwilling to huve, Jjl name appear 1n the matter, ureas' perfectly willing that the firm of Mitchell & Tanner ahould be employed by John A. Benson; he was perfectly willing that the firm of Mitchell & Tanner should be paid th f 1,600- by John A. Benson; but ha knew that it waa a criminal offense for hlm-t.i take any part of that money, and dldn t want anything to pass from Tan ner to him, or from Tanner Into any patt of the departments, that would call at tention to the fact that he, Mitchell, Was interested In those feea, or was going to get any part of them, for fear-,thut he mlaht be nroaecuted. Now. lei-mi take you with me to the evldenoeVnttitrf proposition, to show you how plain It Is and let me aay, first, that, as soon as M1lcJ?',t ,ounl hw Jncaujloua-JCaojltx was, lie coinmencett io caution i anncr, and Tanner then tried to be eareful. but It took about tw years of education' to get him careful. Tanner would con stantly say. In his, letters: 'We are to get afee.' 'Our fee in this case." He only gradually was educated up. to the -point where ho would always aay, 'I' and my-ree.- so that, If the tetters fell Intc the hands of tkjo government officers ar.d a prosecutloavwas-oorpmenced, there wsa nothing tn wrUlng, In those leUers, thai Cautioned? Yesnd as all'menulo whci they commit crimes,- Mltchell-overlooktd the :uiH-elty- of keeplng.ahoae thine out or the books.- That was an ever slehtT ttiiOt m aif oversight which wa called- to his tnlnd the moment that he luuna mat tne grand Jury nere waa ex-' amlnlng. Into him, not in regard to thi matter, but Into any matter. And, as we -will show presently? his own aulltv conscience' told him. what matter to be most arrald ojr. BoTore thererhad been any rumor of any Indictment in regard to R.riDS-Derore there Was any news paper rumor In regard to Krlbs at all. When the attempt -U. indict Mitchell seemed to be confined in another matter entirely, the first words out of Mitch ell's mouth to Tanner, when he met him on tne train there in answer-to his tele- granv-were 'What Is Krlbs gobig to do wlth-the government? How are those entries in the booksr That guilty con science nald to him, 'I hava.been taklr.g ii-ea nn mm time in mis matter what is tne recora on llr v. Tanner's loyalty. "Now,, let us see If .that is not the correct theory of this case. The flrat letter on this subject of workv to be aone in a aepartment in Washington In a land matter and first let me dlsnnae of this 'Idea that Tanner was writing miLunn nunareos or letters In re gard to land office business. The words were put Into Tanner's mouth bv the attorney lor tne. defendant. -Vnn wmt. several hundred letters, did; you not,"to; miicneii in re.-vit ro tne- land., office .ouaineaar ana planner said Y-fS, ' 'Tanner, loves this l partner- of 15 yeara,. He' was willing to 'afterHlce honojf. everything fh.Vt a mnn-wfloyld hold 'dearest he was willing to sacrlflce to save him. ' And when he got on this witness stand each and all of you. saw mat, to au- matters where he was compelled to tell the whole truth rn order to protect his own honor, whaf tnere is lert or It -yet. he dldn t attempt to fitvfu- Mltcheir. ; When It came trr aft matters' where, It was a rriatter of rec ord, and could not be disputed, he did not attempt to favpr Mitchell. But toall. matVers where he could strain a po1rtjt,i.emd express his opinio- or hi belief, and he could help Mitchell out, he is Just as ready to help Mitchell out today as-he Wna-)ii the day .when he consented to commit perjury and to have his son a young man just enter-, ing into manhood commit perjury, , to save that dear old partnerijust W ready yet, And tn weighing his evidence In regard to these thlngav-yoti r hinund to consider that; and wnen yoir nnd fhat that evidence, or tha conatrueyn that he wants to place iOn It, Is aaeolutely changed 'by the wrltlnira which passed botwoen 'the "partle. you are hound to conclude Hhat Xha... writing In the aafest and roost reliable evidence." ; . V -' raid for Iollusnoe. . ' - That Mitchell knew for whom ha waa working, that Jie htade m point, of know ing and of. assuring himself that he waa paid for his -work, that he was selling hla influence as senator these asser tions Mr. Heney presented thus:1 -"'March 2'Tnnr states , that Mr. Krlbs auggests that ht roiUi get some Influence to, bear from Wisconsin, Min nesota, snd perhaps. from New York. In letting the things thrxugb, Did JJaat tell Mitchell that Krlbs, who was paying thla $1,000, thought he was getting the Influence "of Mitchell to get thl through? Whit better evidence do you want that- Mitchell knew that Krlbs be liaved that be waa getting the influence of Mltchett-for the money he waa Py Ing. Tanner 'wrltea. 'We are. to get 1,000 more when these are approved. for Krlbs.' And Tanner writes that Krlbs can set Influence from . Wisconsin, Min nesota and New York. What sort of In fluence? Is It the senators from Min nesota, that he was going to get to as 1st Mitchell? I It the senators from Wisconsin and the sunatora from New York? Did Mitchell underatand by that that Krlbs believed that he was getting the influence' of Mitchell for the money he paid? I ask you once again, and I challenge counsel for the defendant to give-any other explanation for this than that was Krlbs' understanding of what lis. was getting for his money, and what he was paying his money for. i On for Hermans. "' . -"April 4, Mitchell ackirbweldged Thn net's 'letter of the twenty-eighth, and states that he will write In a day or two In regard to these lists, 1, 2 and 3; that he ia attending to the Krlbs matter. April 9, l'an ner telegraph JHitehfll ask ing his aid 'suggested In letter March 2IT that 'is. the aid from Wisconsin. Minnesota and New Tork 'will be of any use.-. Pnrtv nnw In WarafnTl.tnn and Van arrange for same If desired.' What party? Krlbs? He wires MtWheJU, I you want that kind -of influence to help you. Minnesota, Wisconsin and New York to bring a political pull and' drag upon Herniann, theeoramIsstoner.,Ho-gt those lands to patent? '"Do- you want thn aiar Ana wnat is tne reply I -conierrea with department this . morning (April 10), and am Well satisfied with progress. iso ouslda help needed.' The influence froftr Senator-Mitchell fjrom' Oregon-1 enough, we need -nothing more while Hermann is iri tho land office, and t will earn that (1.00J) alone; and hs did earn t i Keeping Tab of !. ' "Now 1- want 'to sliow you tha other things that had happenedVhefore this let ter asking for a - copy of -the books. AprH-- . Tanner wrjteg Mitchell that Benson and I quota from the letter now "acknowledge that through your Influence about 1,200 acres of these lection had been passdLto pat' Benson, who -jmployed thaftrin-, -who agreed -to -pay the firm' 1, BOO touiet these selections to patent, .comes hack to Portland. Now, by that Sejiator Mitch ell had knowledge, because the letter fxpreasly told him Benson had employed the flrm;"that we are t.o-gstthjs $1,800.' Benson enmea to Portland and acknowl edges to Tanner that through Mitchell's. Influence about 1,200 acres of these se lections have been passed for patenW and Tanner writes that to. Mitchell, showing Mitchell that the $1,600 which Tanner is to -take from Benson,. Tanner ia dolnr with the belief and knowledge that.ha.ia receiving pay for th exerted Influence of Mitchell as a senatoj-.. nq for .nothing else. Pay Is coming in from Benson, and Mitchell 1 told of it. Does he write back and say. 'Remember, Tanner- I am doing this for you per sonally, and I want none of tha Krlbs money; I would not -let tna jutny tucrep come into my hands T No, . He "writes a few days later. 8end me a eryof the. books, so that I can see wnereau money Is coming from and what for.' So that he can see if hp Is getting his eimre .of the Benson money; so that he can -see ir Tanner la construing that contract- that Mitchell 4a to hava ena half of alL money that came ln ror servicea per formed In Jaad matWrs';' thaTl what he waala -ltortJI coma not Tvani it for anything else. . ''.'". ; "j", "This careless-man of huslms, -etils man who takeJip Jntereat:in that.-this man who. )s attending to -everybody s business but his own writes anoT sped finallv reuueata not only the copy of h. hnnki hut that that copy shall show from whom "the "money Is received and SACAJMA STATUE REACHES THE FAIR After M any " Weeks of Waiting Monument to Indian Guide Arrives."" ,;' The magnlflceht statue of Sacajawea, thei Indian heroine which la to grace a eonentcuoua" epot on the expoaltlon around, arrived -from New-Yora-fhla mornlnK.- There war' no , blara trumDet. no-- sound of drum, . but of mlahty feelln of aatlefactlon on the part of the women hj have etruggled for the cauae or rtcopuHW-"r" who aulded the exDioVfcre. The monument waa designed by Altre Cooper of Denver and executed by -Aft c Henry Bonnard Broniarworka of New York. It repreaenta an expenditure of 17,000, .moat f .jvhlch sum naa own provided by tlja women of .ha north Wrlflo roaat. . 7- -' The unveiling and "dedication, of the statue will take place at .tne Mir on Jnlv . . Oh-fhnt occasion all children wearlna fiacajawea buttons will be ad mitted to the grounds free of charge. The committee especially urges that these be purchased by rortlanders' for the prlca of the pedestal nas noi as yei been subscribed, and the intention" la to raise the sum by the sale of button!, which cost only one dime each. YALE UNIVERSITY HOLDS ANNUAL COMMENCEMENT ' " "' IJonrn.l Ipeclkl 8rte.) ; New Havpn. Conn., June 28. r'.Th formal exercises of commencement day at Yale began . thia morning. At iu o'clock the graduares, caudlflnies for d-' reea.-and InvHco (ruosta Bssrmhiefl on fliecnilCgOT-ampua arm inarcin-n in pri,-eea4onvto- Wodhridge hall, wherethn exerclaos were. held.. In accordan-e with custrttny-'the excrJses began iwlth the singing ok the fir St four versAa of the slxty-flftlf-salm, .which .wassung In 1718 orr the occanlon or? tne opening or the flrat college erected In New Haven. I'reslcWit Hartley personally Conferred the higher degree .. " - - -. The dinner or the alumni, in -tea unl veraity dining hall followed the; mm mencement exercises. ; Tables were (aid for2.500 people. At the conclusion of the dinner thre- was an elaborate fro gram jf toasis-nnd responses. .' H Makes the skla soft i-ae. velvet. c-i -Improves aay oom- - pleaiOB.' T : Seal ham poo made. tops halt from Cures most skin failings amotions. Cares daadraff. , arnn-rnTi'a Xal. la. Make hair trow, , , vtgorator. I TOftksye dyspepsia, or any liver tronble, nse atnn.n.r. . .-. ami. They enre aMionsnesa. Constipation aud drive aU Imnnnti.. from the blood. avaxga; CO, PhUa mm T 1 ' 11 1 -i- ..I'll j ii, ii, hi m i i i is si si i ii i ilea ' -Credit is of great importance and -significance in the mercantile world.' A merchant values his credit above his cash assets. To a private ndividual 'credit is a strong evidence of the favorable opinion people have about him and his good 'character. It is safer, more satisfactory to trade at a store where the goods y6u select are charged to you than where you pay thecash and off you are. In theormer case you hold every statement of the "salespeople as a pledge ; in the latter you know.- We extend credit to the honest man in the overalls as readily as to the banker. without any extra charge, at the same prices as" charged by cash' housesc ; : Sbkct your SUIT, TROUSERS,"h AT v . "or SHOES and pay for same at your 'r'' conveniences-say, for instance, A . "THE STORE WHERE YOVR CREDIT IS GOOD" RINER WAS FOREMAN 0?i CONDUIT WORK Only Interest He Had in Sewer Was. in Getting His ,.; ". '' Wages. ' BANK OFFICIALS SAY HE WAS PARTNER IN WORK . - L. O. RUton and W. O. "Morris ---T?tify Elliott Had InteresWii S v1 'm Conduit.: ' 'V it W. Hlner aat he owned a one third-, Interest In the Tanner creek sewer con- I tract; that "vVjC. KlllotCthen city engl- . necr. ciw"wi - iuuiiuunuk .. . -R. M. Rlner owntjd a one third Interest; that the profTfa from the 'construction of the sewer would be I1B.0007 end E. W. Rlner offered to pledge the shares of Mmi-elf. and Elliott as security to tho bank for financing of the - Irv-lngton rwer;'for which ht'tii a -bidder and in which Elliott had an lnterestf-Testi-mony of "U O. Ralston,, president, and W. Cooper Morris, casnier, mo wy- 3 I k.nb - , - Hiin Do , iiian mum. NeUber Elliott nor myself was partner In tha Tanner creek contracjt. The -contractor was my father alone, and fwas simply a wage-earner. Tes timony of E. AV. Rlner. :MhI-ts a line of work in which . i u i .. The man or a means to finance ha Is an exDert may learn something by attendlng-thetrlal-of -li.-Vi-ftiner4n-) dieted for obtaining money from tn city by false pretenses. Tho testimony of the Dank otneers snowea inai a man who wanted to be a bidder for a publlo contract could easlfy-jobtaln rnoney from a band if he had security to offer and if he could satisfy th officers , that his contract would not be a losing venture and he could give a bonus for th loan. " Mr. Ralston and Mr. Morris had financed R. M. Rlner In th Tanner creek sewer-matter. . When th Irving ton 'contract was about to be let, so they testified this morning, E.rWJtiner called on them and said that' he would be a bidder. II wanted the proposition financed,. and he offered to pledge hi profits and the profits of .Elliott from th Tanner creek- contract aa a aeourtty for a certified, chick-tor. 112.800. which he would nave to present wun nis jrv ington hid. Elliott' was to hava an In rnr.it In tha Trvtnaton rnrrtrii-L As to the flnanclngrof R.M. Rlner, thtt hank officers said that a -bonus of 1 per cent had been charged, but they did not tell the amount Of their profit.: The Object of Introducing this evidence was Id prove that a partnership agreement exlated between. H. W. and R, M. Rlner In the Tanner creek contract. Mr. RalHton was the Jaat witness for the state. The first important witness Jjof th defense, was 9. C. Elliott, who was expected to deny that he waa a BSSpnar of either or both of tha Rlner at any trmj.Tne-ataie ODjecien to him ns a witness as he was a co-defendant In the case and the objection -waa su- talned. "VV. W. Tate, a foreman, and J. M. Brijathwalt, a bricklayer, at the scwci estlfled that no poor work was nnp. and then K. w. Rifiar Wss cftllod to the stand to teatlfy in his own behalf. -Rlner ald-hF bad prepared a bid for the' IivJngtonf contract for tha Inde pendent Cooaiructlon company, which was componed of hlmaelf and Morris poned of hlmaelf and Morris Relnsteln. A pool of confractora had been -formed and at the Irs t minute -he learned that th bid Would probably be awarded to some one who wss not In th. rrvmhlnRt Ion. He told -thta to his father, but did not ask him to bid. Hf had no interest in the Tanner creek con tnutt.and he told-Ralston so when h Bkert ,fr .finances.' 1 He 'did have an interest In t,he ICamilfon avenu sewer. The bonk wanted seeavrlty and he of fere this. - ' -'Th bank - people. ? h continued. "asked The .If the engineer had made a liberal estimate fof th Irvlngron sewnr and I said h had. Thfy .called hlm,up l.ianhnn. a n .1 P 1 n mir tO AUM. f - -; .-, -.V ' M Eastern Outfitting tions he said th estimaf was llbefalXtn". beyond telling some of the brick- nouah and that he believed me qua! Ifled to do the work if I omataea the 1 hid. The bank agreed to-f lnarlce ma. The consideration was to b one third of the profits. The remaining two third werf to go 12. me." . Tn Dang omcers, nunr - wrw ery bitter against hint after th Timr creek " sewer tfounle. Tne nsng had held the qontrsct money rtue-hl fjthee snd he hml demanded mat cinders pax hlal hla .w aa Xortmajn. f-etJ Closing DeparMeM $ 1 .00 ii Week 388-90-92 Washing'ton St. . . ..v-' - '--. . - ' : - - ' " t .'I 4 ho jnore than a Connersville; Bike Wagon with all its perfect appointmehtsr and up-to-date; fixtures. It!s-npf once in five years that you can get I a chance to buy H . - for " When you call to seethe Connersville you'll notice that In every part there's just the latest, newest improvements. - If you're a judge of Vehicles, you'll stare in amaiemenTwhen you see how fine a rig it is that just now we're able to offer. for $80 net cash. . ' - -a?. Butchers Machinery", Fixtures, Sausage Casings,; Tdre Spices, Scales, Aprons and Coats, Knives, Cleavers Saws, Blocks, Coolers, etc. s. birkenWald CO. " , ,: The Largest Butchers' Supply House on the Crst Telephone Main 6361. ' ; refuted, and he threatened to garnishee the bank. Then they, paid him. His only lnterest In the Tanner creek sewer wss a wage-earner.- He had given no -"order exoept as directed by his in vera who- had never Worked In sewers Ibefor . not -to "spPBoT . the "cement mo. tar as tney wi)iii on a.nuuaing. The storji- of ThoaMe'yNeJlLJhat he had given carders to fay hrlrk wlthoul mortar; wss a falsehood hf slJi,- ', Rlner was crosi-examlnei thl fter poort. - , ..... Oh June It, "49 snd 30 th c-hvago 4 Northwestern railway jvlll sell tickets tMWy0 ' Wta.Uni, rtr cf 4- Conif) any ; nobby,-handy rig a $125 road wagon T .T. . .. ' - i es ) Tt 186MoiTion CP 16813DFroi5t les ;,' :. v.. .,' 304306 Everett. St; Portland :- - . -.-: i l.JSfor thi round "trip, with cholc of . routes and liberal " stopover priv lieges, good for 10 days from date o( sale. For further information- ball on or address W. A. Cox, general igtnt, 1(1 Third- gtreet, Portland. Oregoa. . : , , Excursion Kates East." y Suppl On June- 2lr 2 and 10 the Canadian - I Paelfle win sell round-trip tickets to . -esstern points at very te rates, Ttck ets will b rH"l for top-ovr.prlrl!egf, wltir final limit of 90 days from Aataja of sal. . ror descrtptlvamstter and full . particulars call on Or address f. R, Johnson, y. snd P. A. Csnadlan paclflo, HI Third street, Portland, Or, ...... ,.- ', -. - . - ,-'- ' - ':V! ' ;