&
1AST EDITION, 3!30. "
DAILY CAPITAL JOURNAL
VOL. XV.
MITCHELL
TRIAL
SALEM. OREGON, WEDNESDAY, JUNE 21, 1005.
NO. ltf.
'"ttfr
BEGINS
Jury
Completed Last
Whose Verdict Is
Pinal
Night
Portland. Juno 20.
Tho V. 8. court room, in tho post
office building began to fill up nt 0
o'clock, an hour beforo tho timo sot
or tho trial of Senator Mitchell. Offi
cers of tho court woro preparing tho
placo for tho reporters. Outsldo
thronged tho ICO jurors who had been
mmrnoncd from all parts of tho stato
to serve on this momentous occasion.
Bomo who woro summoned from rcmota
parts of tho stato wero unablo to reach
Portland. Many got tho summons on
j Friday or Saturday, nnd, with largo
farms on their hands, could not mnnago
their work to lenvo, except at a great
loss to themselves. At oxnetly 0:25 tho
bailiff opened tho court room, and ad
mitted tho jurors, who practically filled
all tho scats. Tho court room is about
40x40, on tho second floor of tho post
office building, nnd is completely
equipped for holding court. A largo
oil painting of Judgo Dcody ornaments
the wall bohind Judgo Dollavon 's seat.
A masslvo sea-green chandolier haqgs
in the center.
The jurors nro n solid looking lot of
men, substantial farmers, with faces
tanned and hands hardened from toll in
tho fields. I hnvo met a groat many of
them, and they seem generally dis
posed to do justice, and find guilty any
man who deserves tho pennlty of the
law.
M 0.45 Senator Mitchell entered and
took bis seat. Ho stood erect, walked
elastic and hnd a clear expression on
bis face. Judgo Bonnott cnm,o in next.
His hair wns not closely brushed, and
there wns n short, stubby growth of
beard on bis fnco that reminded ono of
a cross betweon Eastern Oregon sage
brush and Shakespeare's "now-mown
itublle of harvest home." At 0:53
Frances J. Jlcnoy entered. His hair
was parted in tho middle, he woars
glasses, has a llttlo bald spot on top of
his head, red spots on each cheek, a
noso slightly bobraic, set exactly in tho
mlddlo of his face, and wears a gray
suit.
At Hcncy's elbow sits Hoprcsontn.
tive Hanks, who mado tho famous
speech about living in a houso with
battens, rnthor than not voto for O. W.
Fulton for U. 8. senator. Ho is now
assltant U. 8. district nttornoy, nnd
docs not hnvo to llvo in a battened
house.
Tho Boauty.of tho Bar.
John M. Thurston, of Nebraska, sits
nextto Judgo Bonnet, and is tho tall,
fino-looklng man of tho wholo battery
of lawyers engaged in the case. Mitch
oil wenrs black, and looks saddened
over tho deaths of two daughters In
tho rast few months. Ccrtnlnly ho has
been pursued by hard luck, And can say
with Curdlnal Woolscy, "If I had
served my God all my life with half tho
zeal I havo served tho pcoplo ho would
not have abandoned mo to mlno ene
mies in my old ago." After n request
by Chas. J. Lord that his trial be set
for next Monday, Marshal Reed called
tho panel of jurors, and nearly all woro
present.
Of 200 caled 142 answered present.
At 10:15 Judgo Dollavon asked all who
wanted to bo excused to stop forward.
About 100 arose, and crowded ..up in
front. Tho judgo tnlked quietly with
each man. Tho excuses could not bo
hoard' by tho reporters. Tho jndgo is
n smooth-shaved man, all but a white
chin beard about "'j inches long. Ho
has clear gray eyes, a ruddy faco and
of jurors wrts begun, nnd there wns
tho closest kind of sparring for tho rest
of tho afternoon over selections of
jurors. To tho surpriso of every one
O. Stolncr wns accepted after a closo
and searching cross-ilro from Judgo
Bennett nnd District Attornoy Heney.
Thcro was a denser crowd prcsont
than in tho forenoon. Quito a number
of womon were present. District Attor
now John II. McNnry, who has charge
of tho Morion county land fraud indict
ments, wns present nt tho trial. II.
Cleveland, of Liberty, was accepted
quickly. Alderman Downing, of Salem,
was accepted by tho stnto. Hcnoy tried
to get him to nay that Senntor Mitchell
helped his father get an offlcc. Was
nsked if he knew A. It. Downs.
Washington. Hcnoy and Burns had a
long talk, and then Downing was asked
how long ho hnd been In politics.
Burns dug up tho fact that Downing
hail once been a member of a county
campaign committee, nnd was now al
derman. Asked if ho wns a Republi
can ho said he wns. Bennett excepted
to this question. Hcnoy nsked If he
would not support Mitchell if ho wcro
n candidate ngnln. Said ho might.
Heney challenged him, nnd tbo court
sustained him. Judgo Dollavon said
Downing admitted having formed an
unqualified opinion. Ed. Dalleyj of
Kerby, wns accepted by both. Frank
K. Hart, of Portland, wns excused. D.
M. Klrby, Bcllviow, Yamhtll county,
wns excused by defense, Hcnoy object
ed to tho challenge) nnd Judgo Dollnv
en sustained tho challenge, so Kerby
went off tlio jury. H. T. Hill wns
examined. Had rend and heard It
talked about. Couldtf't help but have
some idea about it. Could givo defend
ant n fair trial. Accepted by defense.
Heney developed that Hill knew Plcrco
Mays quito well, and that be was a
brother of W. Lair Hill. Lives thrco
miles from Portland. Heney had a long
struggle with this juror, and tried to
get him to admit that bo had a projii
dico against Mitchell. Hill proved to
bo a very cuto jurymnn. Ho evaded
scores of traps set for him, and eluded
any number of fliers.. Ho wns Anally
challenged percmptorially. L. B. Oliv
er, a Pendleton grocer, was weighed in
tho balance of the prosecution and de
fense, nnd found not wanting. Bert
Leabo, formerly of Forest Grove, was
perfectly fair-minded, unprojudlced
nnd dispassionate Bennett-was willing
to try him as a juroror. Henoy discov
ered that Leabo had held no public of
fice, did not know J. J. Fitzgerald, Dov
er mado a timber entry, had a brother
who never made a timber entry, did
gray hair. Ho scorned to let mon off
pretty easy, and the relieved men tiled l Z ft.
son why ho could not try enso fnirly,
e.. rim. 'i
KThoSn
ram Process.
. FLEXIBLE- SOLE'
Wmx&H.o.usp
iSHDXirORiWOMEM
Remarkable
Results f torn.
the Ladies'
Bown's Pro
cess Ttn
Sole Shoe
Twice tho wear of a welt sole, Is tho
"port wo recolvo from customers who
we wearing them.. That's ranch better
we expected, but actual service
proves U to bo a fact.
Tho sola is the Ideal of flexibility
haying no Insole Is lighter than a
elt, but In appearance can hardly be
distinguished from the "doodyear
" shoe.
Our prices at 82.60 and $2.95 bring
ttu within the reach of all.
Banes'
Cash Store
I the only store in Salem that has
uem.
& T. BARNES, PROP.
out.
Bight behind Public Prosecutor Ho
ney sits tho bull dog of tho secret sor
vice force William J. Burns. Ho is
a short, full-bodied man dressed in graj
storo clothes, has a moustache with tU
tips curled up by tho barber, brown
hair nnd wears a brown dorby hat.
Sickness, crops, visitors, business and
fnmlly nffnlrs were alleged. The men
who wanted to go homo were a nervous,
distressed looking lot, while tho jolljr,
well-fed, satlsfled-looklng fellows were
keeping their seats, and willing to
serve. Mora than half who applied
were not excused from service.
It was 11 o'clock before Judge De-
did not know Mitchell, nor Bennett,
Wns accepted by Henoy, K. J. Jeffrey,
of Portland, read Oregonlan, know
Heney 40 years ago, lived in California,
felt kindly toward Mitchell had never
been influenced by any articles in tho
Not Influenced by Oregonlan.
Oregonlnn in tho past, and would not
bo influenced by anything it might pub
lish in future. Accepted by defence.
Honey developed that Jeffrey was sher
iff in tbo sovcntles. Knew Osoar Ken
dall. He was a dyer. Never got a pass
for Kendall. Bennett objected to
sides. E. Michael resided in Portland,
kept rooming house, enmo from Kan
sas, know Mitchell. Honey dcvclopod
that Mitchell had helped Michael to
get a ponslon, but accepted him. Then
Michael asked 'to bo excused, as ho hnd
serious urinary trouble. J. P. CInus
son was a nnttvo of Denmark, lived in
Coos county, and had no opinion. Ac
cepted by both sides. 0. P. Sharp, of
Utafford, was born in Marlon county,
but was challenged for cnuso by do
fensc. Heney resisted tho challenge.
Juror had it in mind that if tho publi
cation wcro true ho would convict.
Judge DcIInvcn gavo him nn overhaul
ing, and decided to dismiss him. Cas
per Wlsemantcl hnd llvod in Oregon
of! City the Inst couple of year. Before
that he lived in Mnekshurg. Cnmo
from Germany. Took up a homestoad
in 1809. Had his mind pretty well
mado up, Ho had not expressed It. But
It was strong nnd unqualified. Tho
court nsked Wlsemantcl n few ques
tions, nnd decided he would try to do
tho fair thing, Bennett thought tho
juror was too strongly undor convic
tion to bo n fair juror, but tho court
thought otherwise. Then Bennett took
his prerogative. Wm. Otto Broymtn
had a fixed nnd definite opinion, nnd
was excused. F. B. Gray, Russclvtllo,
Multnomah county formed opinion from
published sworn testimony. Was ex
cused. Frank Warren drnwn. Joseph
Huddleson lived in Lane county 40
years had read, formed opinions nnd
expressed them unqualifiedly. S. D. Ho.
bartlivcd in Silverton 40 yoars, was
not prejudiced against Senntor Mitch
ell, thought ho could try the case. Ho
was accepted by both sides. 8. A. Carl
son, of Jackson county, was neenpted
by both sides. B. F. Grant, Lincoln
county, was accepted. Frank Walters
wm also accepted. W. 11. Lewis, also
of .Clatsop, was accepted. This com
pleted tho jury, and tho judgo ordorol
that tho jury bo excluded in chnrgo of
tho marshal, nnd bo given no nows
papers. Adjourned to 10 o'clock Wed
nesday. The Jury.
Gid Stelncr, Mnrion county.
J, P. Claussen, Coos county.
J. A Baxter, Polk county.
It. L. Olllver, Umatilla county.
Brrt Leabo, Yamhill county,
- A'SBailey, Josephine county.
Homer 0. Cleveland, Marlon county.
S. II. Hubert, Marion county.
S. A. Carlson, Jackson county.
B. F. Grant, Lincoln county.
Frank Walter, Clatsop county.
W. II. Lewis, Clatsop county.
Who Is Dollavon
Portland, June 21. (Editorial
Special) I have not met Judgo De-
Haven or Heney or Burns, because I
nover cbaso after celebrities or prom!
uent pcoplo. But I havo been talking
with a man who was raised in Califor
nia in tho same county with Dollavon.
Ho says ho was a poor boy, who was
mado a protege of Judgo Wyman, of
Kurcka, ono of the old pioneer jurists.
Dollavon was elected District Attornoy
and served a term. Ho wns elected su
perior jndgo of Humboldt county. He
whnt nny prlvnto cltlzon might have.
His position on tho agreement as to
division of foes Is that tho original con
tract was mado during tho timo ho was
out of office. Subsequently they mado
a new ngrecment, dividing the fees on
a different basis. Ho had'eomo out of
tho senate a poor man, depondent on
his frionds for tho expenses of this liti
gation, Pcoplo convicted months ago
had been let go to lnduco them to toll
something satisfactory to Honey and
damaging to Mitchell, Hermann and
Williamson.
Ho chnrgod that they wcro bribed
by immunity to convict theso men. In
closing ho claimed tho senntor had
been careless, but hnd nover knowingly
or technically violated a law of tho
government. Frederick Krlbs wns tho
government) 's first witness. Ho know
dofendnnt sinco 1000 ns n member of
tho firm of Mitchell & Tnnncr. In Oc
tober, 1001, ho mado a contract for
$1000 to help got pntcnts of 40 claims
in Douglass nnd Linn county. Checks
nnd lottcrs woro introduced. Court ad
journod to 2 o'clock this nftornoon.
LOS ANGELES
GETS SHRINERS
Los Angeles, Juno 21. A telegrnm
received from Niagara announces that
next year tho Imperial Shrina will moot
horo. Tho ' ' Fiesta do Los Flores ' ' will
bo revived for tho Shrlnors,
GOOD
ROADS
MEETING
Japanese Keep Busy,
St. Petersburg, Juno 21. Linovitch
roports that Juno 20th tho Jnpnncso re
tired along tho cntlro front from tho
Mongolian frontier to Korea. Tho Rus
sians immediately occupied their former
positions, and Inter tho Japanese mado
a vigorous attack on tho left, ransack
ing several towns.
Stoossol Knew It,
St. Petersburg, Juno 21, Tho com
mission nppoluled to investigate tho
circumstances of tho surrender of Port
Arthur by General Htoessel, today re
ported that tho surrender of tho place
was justified.
The Auto Uaco Ended.
Tho "Old Scout" arrived in Snlom
Inst night, and, after getting o- ejoau
lng up, loft for Portland nt nn early
hour this morning, Intending to reach
there at 1 o'clock this afternoon.
Fifth Annual Convention Call
ed to Order in Portland
This Morning
Portland, Oro., Juno Sl.Tha fifU
annual national Good Roads Convers
tion, ono of tho largest nnd most Im
portant conventions to bo held loo
Portland during tho exposition porlcdy
was formally opened todny, and ytfJX
continuo its sessions until Saturday
Tho attendnnco Is unusually largo lun
Includes tho governors of severaB
states, mayors of cities nnd accredited!
delegate from commercial, agricul
tural, industrial, civic improvement
nnd transportation bodies throughout
tho country. Experts of tho Nation
Good Roots Association nre oit tms.
and during tho remainder of tho week
thcro will b'a many practical donrew
stratlons in good road making in addi
tion to tho sot progrnmma of pnpersr
nnd discnsslons.
Georgia Fodoratlon of Labor.
Atlanta, Ga., Juno 21. Tho G corgi
Federation of Labor assembled in sor
enth nnnunl convention this morning,
nnd was cnllod to ordor in Fcdcrntloa
hnll nt 0 o'clock by President Jerome
Jones, of this city. Following tho
opening formalities tho convention
went into oxecutivo session for tho con
sideration of business. Tho annual
report of Sccrotnry W, C. Puokett
showed that tho Inst year has been one
of great prosperity and increased mem
bership for tho federation in this stato.
The convention will remain in session
tbrco days, nnd ii number of Importnnt
mattors will come up for decision.
The fodcrntlon is particularly inter
ested just now in the child labor prob
lem, nnd a committee will probably b
appointed to prepare a measure deal
ing with tho question for presentations
to tho noxt session of tho legislatures
Chicago Markets,
Chicago, Juno 21. Wheat 80) cone;
M"4oatsniVj31.
It was 11 o'cJocjc uerore Juugo . , (hl ln objection sustained.
Haven had heard all who asked for "'In said he might want to call a
cuses. Tho few excused filed slowly) .. Mi,niii,. him. Continuing
out, whllo tboso denied exeuses drop- wi hBt nennett had bean
ped back into their seats wearing on (han a eaug, acquantance 0f
their faces looks of disappointment., Mu!ien am rem0Ved him by a per
During this prolonged wait Heney was challenge. Casper Wiseman-
-o.n,.ilv )mrnl!nr his book of type-1 - ' , , i.ii.-.i
I, .-v o - - !,jel was urawn. . . vmmuu,
written notes on the jurors, making new, ymU flMepted by defense. Was
notes, and frequently conferring with , j ,lveJ ,n Colora(j0
Burns. Jieney nas me iuuK - , move(, t0 portaa, went to Tillamook
hcavv lowl of a born fighter. Ho and
Burns aro both inclined to be sandy,
choleric and combative. Thurston is a
tall, fine-looking man, with a high fore
bead, hair turning gray, a moustache
that is graceful, and a mouth that be
speaks eloquence, ne has a large man
ly face, a Roman east of countenance,
fine hands and a good figure that com
mands respect.
After considerable delay and several
conferences the ease of the United
States versus John II. Mitchell was ad
journed, to 2 o'clock.
Selecting the Jury.
Portland, June 81.
At 2 o'clock Monday the examination
MINI 1 1 1 1 1 m 1 1 1 t-H
When you want a drink of
SODA WATEB
You want tho best, and in that
esse go to
ZiiWs
The only confectioner in 8alem . .
who ever served an apprentice- ,
ship in the soda business. Why ;
not profit by bis experience! ;
served a term, and was elected out of
that oOlco to congressman from the!
first district. He employed his oppor-'
tunity so well that he was made United
States circuit judge, tbo position he
now holds. His political methods have
been very successful nn unbroken ca
reer of ofllce-boldlng, being elected to
ono ofllce while still in another.
It is not believed that he has any
sympathy whatever with the defend
ants in the Oregon land fraud eases, lie
has shown great fairness and independ
ence of the prosecution so far on the
trial. E. HOFKU.
Statement of tho Case,
Portland, June 21, The trial began
at 10 o'clock this forenoon, and increas
ing interest is being shown. Tbo jury
is considered fair, and is from all parts
of the state. The first Indictment was
selected, because it is belioved to be
tho strongest case against Mitchell, and
one where the government is surest of
conviction. The most' prominent attor
neys of the state are attending.
It is charged that fees all the way
and stayed 18 years, had been nt New
berg somo years. Was challenged.
Heney resisted this challenge, but De
Haven excused him. Wm. Otto Brey
man was drawn. H. M. Lowden had
lived at Astoria 23 years, and was ac
cepted by defense. Heney developed
that he was a farmer as well as logger.
Got his summons 8unday evening. Had
not met Senator Fulton or bis brother.
Reported to the marshall'e office, but
had not stated that he had talked with
Fulton. Burns took a circle out into from 1200 to 11500 were collected by
lobby, and talked wltn ilarsuai tanner jaucneii xor services ren-
uereu in me ueparimenis ui vasumg
to by'Mitcbell, and divided by the firm
the
Reed. Heney asked that Reed be
sworn. Joror admitted talking with
Judge Winton about a mistake in date
of the summons. It wss dated on the
13th, nnd cited him to appear on the
10th of June. Court ruled that it was
not material who he had talked with
about that matter, as be had expressed
no opinion on the case. Heney and
Barns held a long oonssltatlon. Then
Heney challenged him peremptorily,
and this exhausted tbelr peremptories.
J. A. Baxter, of Dallas, native Oregon
lan, 48 years old, knew Mitchell by rep
utation only, bad formed no opinions,
no one had talked with him, had heard
nothing to prejudice him, would let
nothing published in the Oregonlan in
with the full knowledge and consent of
the defendant, and, according to the
terms of a contract. j
Heney went into great detail in his
accusations, reviewing all the testimony
leading up to the indictments. He took
43 minutes. Judge Bennett defended
the right of a senator to appear before
the departments. It was no part of his
official duties. It was common for
congressmen and senators to appear for
private citizens In such eases. There
was no wrong in the act Itself. It was
made a wrongful act by the statute pro
vided. The law was Intended to pre
vent such officials from Improperly in
noenee him. He was accepted by both.noeaclng needs of departments beyond
f)c33l
rei&8$
Today Only
Bofcbinet
Jf RUFFLED CURTAINS Wjp
Cttftains
44- Inches wide, 3 yards
long, two styles one flat,
one raffled. Our $,75
and $2.00 values
$(50 pt
Ladies' Tailo Suits
AT A GREAT SACRIFICE
A most remarkablo sale with astonishing opportunities. To date It has
met with tremendous response, Ono reason Is because It consists of what
one needs just now. Every price sensational. Kvery garment of this sea
son's designing in approved msterials atd colorings.
833.00 LADIES' MOHAIR SUITS 917.50
130.00 LADIES' MOHAIR SUITS SJIIS.OO
$25.00 LADIES' MOHAIR SUITS $12.50
120.00 LADIES' MOHAIR SUITS $10.00
JUNE WHITE DAYS
Prices in every department. An
ticipate your summer wants and
supply them now.
MERODE KNITWEAR
The best women's knit underwear
made. Garments for Ladies and
Misses. Every requirement is met
here with this grest variety, Re
member all at JUWB WWTJB DAY
PRICES,
ft
9c to $2.70
Men's Clothes
Be well dressed and pay what
you pleass. Plenty of styles In tin
new summor clothing and not a
bsd one in the lot. They are soils
that posesss all the snsp of summer
styles ss well ss summer oolners
and are distinguished from the com
monplace usual ready-to-wear ol
by the famous "eooeavs" shouWr
...t ii.i,.. ftiffnir" eollsr. You ess;
get an unusually good two-pUto
summer suit here at
$1.50
L IJstter grades up to &.
gggiMsssssEsaiiswsssasssssjssspsssi
Iniiriniii '""""
C