Image provided by: University of Oregon Libraries; Eugene, OR
About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (June 22, 1905)
.. jdnight and tomorrow, probably fair. .-.H LAST EDITION, 330. DAILY CAPITAL JOURNAL vol. XV. SALEM. onEQON, THURSDAY, JUNE 22, 1005. NO. 145. ALL OREGON HAS EYES ON MITCHELL CASE HENEY'S CHARGES IN DETAIL . . v Audience Visibly Affected When Defend ants Attorney Spoke of the Senator's Years of Service and Present Poverty J Tim chargo against Senator Mltchol does not involvo moral turpitude i or crimo on tho part of tho pcrpotr.itors, yot conviction on tho counts 2 5 f tfin indictment moans confinement 5 than two years, and a maximum flno MHlHMtlHMHMISMMMMtMHSIHHRSMMHMWf Portland, Juno 21. Second" day's trial of cases of U. 8. versus John II. Mitchell opened with Intonso interest, tad all standing room talton. District Attorney Ilency opened tho caso for tho government in a clear and impressive statement to tho jury. Ho rovlowod tho Indictment against Mitchell, and said the senator was accused of having mado money out of his ofllco by using his In Jcenco, and for having takon feos re eelvcil for services porformod boforo department of interior whllo a U. 9. senator la a matter in which Unltod States had nn Interest. Stntuto pro rides that a sonator or congressman ihnlt not receive or ngrce to rccelvo any fee or compensation, directly or in directly, by a firm or partnership, for services performed by himself, or by sty other for any eerviewbeforo any department of tho government, and tint tho law provided as ponalty Imprison ment for not over two yonrs or flno of sot over $10,000, and prohibited from loldlng ofllco forever. It was a serious matter, Mr. Hcney nlil, to accuso any man of wronging tie government and tho people by using i public ofllco for privato gain. Too prernment rcallzod it is a vory sorloiis Miter. Ho must bo convicted boyonJ i reasonable doubt, and they would 'not ukeotnMlon If thoy did not prove. Heoey went into circumstantial dotail it his accusations beforo the jury, ovl ltly seeking to mako n first ineradlc M impression. October IS, 1001, Vitehell & Tanner mado an ngrecmont with IVcd A. Krebs to oxpodito -10 tim her claims that woro awaiting patents, u4 were to rccolvo $1000. Ho charged ttit Krebs talked with Mitchell about H. Mitdcll wroto a letter to tho com iioner, and personally saw Her- win, and used his best efforts. Fcbru- 7 13, 1002, Krobs mado another con- M with Mitchell & Tanner to oxpe-1 Cuih. n..r.. -i..i r tnt innn A contract was mado with Benson, ;t Ciufornla, for $1600. On May 0, 1002, " ULIT baUalUO V AVU vr vmvww "'Ithtll 4 Tanner got $500 from W. B. Me tr expediting claims under the tart land act In Oregon. A feo of , Spend yovt cash at a Cash Stoe Kyoa want the test returns favour money Baflties' Cash Store Wis tbo most reliable merchandise 1 smaller margin of profit than is 41 by "regular stores." We can d to sell at lower prices because Mitchell as a aoJ, or an m.K -v ... - ti.i.s .n.i man. not subject to the frailties of bu- -. B.jn,u; tB jr '"' m'tnre JJut tbey Would sbOW that "pot cash plan prevents losses tiom'J:t ' "counts. et that our business continues 4 pew Is proof that our customers find """J article oatisfactory. Another " shipment of tho tlQtulNE CONKUN'S HOBSBHIDB Q LOVES Jut la. They are- tho most service- f gloves on tho market, and always soft and pliable. We have them u8t, medium and extra heavy u t the same prlee, $1.75. in tho ocnitcntlarv for not morn M of 910,000. $500 wns charged for services to the Cooko's Inlet Coal Flold Co. A fco of $300 was paid November 10, 1903, by a Chlncso benevolent society. Also a feo of $200 by Leo S. Lue, to permit his wifo and daughter to land. In November, 1002, tho firm was em ployed by tho Booth-Kelly Lumber Co. to mako lieu land selections in the Coucado reserve, and that Mitchell was n stockholder in the company. He charged that Mitchell appeared beforo tho grand jury Id November, 1004, and doniod all theso things. On tho way Tanner wont to moot Mitchell, and wastue i,ut, not rending tho endorse upbrnided by Mitchell for having kept mfnU on tn0 back. Thoso endorsements tho books In such n way. Tanner ob jectcd to this, nnd Mitchell asked that n now agreement bo drawn np, so as to turn over all fees roecived by tho firm to-Tanner, Tannor Went beforo "the grand jury and produced tho new agree ment, which was written with a black ribbon on Eden bond paper. Nothing new wns developed as to tho testimony of Privato Secretary Robertson, nnd ho closed his statement in 45 minutes, and mado a marked impression. Judgo Dennett roviowed tho case from tho standpoint of tho defendant, from tho timo of his coming to Oregon in 1850, his elcetlon to tho senate, his scr vlco on importnnt committees, his ro tiroment for four years, when ho prac ticed law with Mr. Tannor nnd had a contract with him as to fees. Ho mado a deop Improsslon when ho referred to Mitchell's great poverty, nnd his being a careless business man. Ho loft-everything to his partner, Tan nor. lio must noi uo juukcu i standpoint of being a onroful, pru dont business mnn. Ho was essentially careless about business matters. He was ovorrun with public work ond his dovotlon to every detail of tho needs of his constituents was proverbial. District Attorney Hall had secure! tho indictments against Putcr, MeKin -r ley, Tarpley and Mrs. Watson, am. without parade and newspaper fire- worKs. io aeip , i i ment bad appointed Mr. Heney and on. Frost of bad odor ana rpu.e- iteney; i uujcti i" . - going to the jury, as outside of the case." Sustained by the court after discus slon Tho first alternation betwesn counsel in this oaso was a vietory for Judge .Jr"; Bennett: "Tanner wm jesmy uu- ferent in this ease from what be has testified heretofore." Heney: "Have yon beard himf" Bennett: "No, only as it was print ed in tho newspapers, whore you bad all the stuff published." Bennett's reply sent a ripple of laugh tor over tbo bystanders. TJonnett mado a strong ease of sym pathy for his client, who will bo 70 ,, 0idJune 22d. He would not paint Yes, It is very warm in tbo city now, and THE SPA Is a resort that is always cool, and with the cooling capacity of onr m fountain, we can make drinks to please you. Lomon loo today. THE SPA 3S2 State Street. W. T. Stel. P. O. Myers. ho was nbovo tho avcrago in clean hab its of politics, in fact a cleaner man than ulna tenths of public men. Fred Krebs, first witness for United States. Testified that ho hnd talk with Tanner & Mitchell, mado contrnct with them to cxpcdlto 40 land claims in Hoseburg district for $1000. Paid half down. Letters wero introduced show ing that tho list of lands was expedited. Government introduced and proved same. Court adjourned to 2 p. m. Afternoon Session. Tho afternoon was consumed at first by continuing Frederick Krebs on tho stand, relating to his transactions with Mitchell 1 Tanner, and correspondence connected therewith. Hcney reads all tho long lists of quarter sections and descriptions, even down to tho Initials of tho stenographer. In February, 1002, Krebs took n third llt of timber claims to Mitchell & Tanner, and contract made. Honey again reads long lists of names, descrip tions of ench piece, printing on present ed letterhead, letterhond size, figure at head of page, catch lino nt top, kind of paper, column headings, filings, en dorsements, etc., etc., until tho poor stenographers went nearly crazy taking them down. Tho lists of names nro almost a cen sus roll of somo of the timber counties of Oregon, Including tho names of many enterprising ladles. Many good per sons who nro passed beyond havo their whilom cognomens on this troubled earth preserved, not in marble, but In tho notes of the most rcmarkablo land IMU I1U1V9 IU (III' IllUHb II'IUUI AUUIV 1UI1U i fraud trial in history. Each time after identifying n list of lands by tho wit ncss, reading tho list nnd accompany Ing letter, Mr. Henc-y Introduced the corresponding check for $500, rending will bo relied on by the defenso as a strong card in their behalf. To oil tho testimony of Krebs tho de fenso made objections, and tho judge overrulod, to which defense notes ob jections. Judgo BoIIaven sooms to al low Hcney the widest lattltudo In pre senting letters, checks and lists of lands. Ho seems to want(to let It all coino out. Tbo cross-examination of Krobs by Thurston was tho star per formance of Wednesday nftornoon. no admitted having been promised Immu nity by tbo government. Ho had not been Indicted or prosecutod. Tho Pills burys, C. A. Smith, O. J. Johnson of Minnesota, wero his backors. Tried to get hold of largo tracts of Oregon tim ber lands, but failed. A. H. Tanner was next witness. Bo- fore being sworn Judgo Thurston ob jected to wltncwi bolng sworn on tho grounds that ho wns indicted, and had nleaded culltv to perjury. He said it wns unworthy of any fair prosecution on earth td hold up sentence in ord-r to uso a perjured witness in this case. Bennett said n special act of eongross bad beon passed to disqualify just such a witnoss as Tannor. Heney replied that until sentence was entered the person charged was as competent to testify as anyone. Until judgment was entered the plea of guilty wight be withdrawn. (ourt ordered witness to bo sworn. He was born In 18M, bad been in Oro gon 45 years, was onae munlstpal judg", became partner of MlUholl in 1801. Contracts covering 34 years of law part nership were introduced and later onos read to jury. Offered letter to Mitch ell but defense resisted production of same. After argument letter was reaj. Witness was asked as to Frederiok A. Krobs aad dealings with him. Belated to timber lands. Krebs employed hlra to look after his Interests. Said entries were held up. Told Krebs If there wjis any eollusion with witnesses bo could not take bis business. Offered to take his bullae! on being assured there was no fraud in the matter. He satd bis claims had been held up over a year, and he wanted to get them patented. Asked hira $1000. There were 40 elaims. Asked Senator Mitebell to ascertain the status of these elaims. Introduced Krebs to the senator, and told bim he (witness) bad been retained by Krebs. Mitebell wroto Commlssiocer Her mann about the list. "Told Mitchell I had been retained." This greatly ex cited Heoey, who began to ask leading questions, anil defense went np into the air. Here Heney went away back and got the lists Krebs bad sworn, ne askeJ witness questions to restore the part nership. Introduced daybook for 1001, and offered entry for February. 16tb, ia ev idenee. Objected to and overruled. Entry read by Heney. Other entries read. At end of each month nett, earn ings of law firm were divided, and he drew n check pnyablo to himself and deposited it to tho credit of "John II. Mitchell, trustee." Didn't know who lie wap trustee for. Did hot recall that anything was said to Mitchell about receiving tho money fromKrobs. Letter Tanner to Mitchell read, that ho uso hia influenco to get patents Issued. Court adjourned to Thursday. Portland, Juno 22. Tho third day of tho trial oponed with increasing Inter est. So far nothing has developed ngalnst Senator Mitchell but what ho has dono oponly and publicly for 25 years, and what has been common prac tico of senators nnd congressmen. Tan ner resumed his testimony nnd admit ted changing tho entry in tho firm's bodk from "S. A. D. Putcr list" to "second lieu list." Many letters woro read relating to thq land business. Ho ney had oil tho original Tnnqcr and Mitchell letters. Influences wero brought to bear from Minnesota, Wis consin nnd New York. Coort ndjoumod to 2 o'clock. Tho Tanner testimony may consume nil tho afternoon. Tho botting is about oven. ANOTHER ' BAD WRECK Grand Junction, Colo., Juno 22. Tho second section of No. 6. westbound, on ' ' no nvtr, Salt Lake, Bio Orando 4 Western, a passenger train, wns wrockod at 3 o'clock this morning at Vinto, 04 miles west of here. Flvo coaehes were ditched. Tho loss of life is not report ed. Among tho dead nro Engineer Schrndcr, of this city. It is known many persons wero Injured. A rcliof train has gono to tho scene. Tho injured are: K. ltoynolds, Silt Lakot-Matllda Jcnson, Br Jacob Ferguson, SaltLake Brigham Cltyj ei John Qua- geon, Einll Blehnrd, A. Blchard, Otto mar Blchard, Provo; Mrs. O. Ford, fl. Orr, Salt Luke; H. Boltbcdt, Orchard, Idaho; Mrs, A. Jacobson, Davis Jacob son, Helen Jacobson, H. Jacobson, Gove, Utah; William Laronby, Wayne, Utah; Christiana Harrison, Pocntcllo) Mary Oatrogard, Meadow, Utah; Mrs. M. M. Bobertson, Salt Lake; Boy C Summer, Trovo; Mrs. Anna Carlson, Lo gnn, Utuh; Mrs, Mary C, Sampson Mercur, Utah; Mrs, J. Ougb, Dubuque, Colo.; Mrs. M. C. Kennedy, Santa Ann, Cal.; Mrs. Lucy Trlndell, Provo. None fatally. Tho Wisconsin drafters. Milwaukee, Wis., Juno 22.t-Otto Bel del, Jr.,, who resigned as rcglstor of deeds, with tbo promlso to. tell all no knows of grafting In county affairs, was a witness before tbo grand jury today. Edward F. Strauss, who was convietod, testified. District Attorney Modovern promises CO indictments vs a result of Seidol's testimony. Commencement at Michigan. Ann Arbor, Mieh., Juno 28. The sixty-first annual commencement of the University of Michigan was held to day and attraeted a host of visitors from any parts of the country. The graduates formed in lino on tho cam pus, and In cap and gown, marched to University ball, where the exercises wero held. Pcsident Henry B. Pritch ett, of the Massachusetts Institute of Technology, delivered the address to the graduates, after which the degroes wero conferred by President Angell. Young People's Conference. Tbo Dalles. June 22. Tho sixth an nual convention of tbo Y. P. C. U, of the U. B. church of tho Oregon con ference, met at The Dalles, with O. E. McDonald, president, in the chair. Tbo morning was devoted to reports from the different societies, which are en couraging, both spiritual and financial- ir- Chicago Markets. Chisago, Juno 22. Wheat S0 00; corn 5454; oats 31'32. SALEM CONTBAOIOBS (JET THXJU3 Uncle Sam Awards Them a 976,000 Co- tract kV- v Erb & Van Patton last evening ro eeived a telegram that they had been awarded the contract for the govern ment barracks and officers' quarters to be built soon at Fort Wright, near Spo kane. The Lid was made pome time ago, and the men bad little hope of the job, beneo they feel very good over the results. This will mean a good sum mer's job for many Salem mecbanlesJX SEVENTY MILES TO DEATH Flyer Leaps Plunges From Into House Cleveland, O., Juno 22. Nineteen lives wero lost, according to Into re - ports, In tho wreck of tho Twentieth Century Limited on tho Lake Shoro at Mentor nt 0:20 Inst night, nnd more thnn n scoro wero injured. Tho record- breaking train wns traveling 70 miles nn hour when it struck an opon swith In front of tho Mentor station, nnd plungod, with frightful momentum, in- to tho freight house, soveral hundred fcot distant. It wns transformed into a mass of mockagc, which caught fire. Fow peoplo in tho forward combination car osenped denth or injury. Tho res- cuers fought the flames to recover tho dend, and succor'iho injurod, Tho lnt tcr woro takon to ClovolAml on a spe cial train, nnd removed to tho hospitals Hallway officials say tbo switch wis misplaced by somo miscreant, with the dcllbornto Intention of wrecking tho limited. Tho dead are: Thomas B. Morgnn, Cleveland Jnmos II. Gibson, Chicago; Bay L. Bogcrs, Now York; H, H. Wright, Chlcagof J. It. Bennett, Now York; . Earbaugb, Milwaukee; M. Walters, baggageman, Hamburg, N. Y.; W. D. Mickey, porter, Chicago; Henry T. Bines, barber, buffot car; F. J, Brant, train mnn, Toledo; J. A. Brndlcy, Akron; Archibald P. Bend, London; Cbnrlcs H. Wollman, Clovo land; Allen Tyler, engineer; A. A. Qor man, fireman, Norwalk; Arthur L, ' gO&w Sale of Black Silks Silk Bargains that aro Interesting news to every economical woman. A bargain feast to which you are all invited to share. Such a reduction in prices of silks Is suro to crcato a great rush for theso values, so como early to got tho best. 85c black silk 20 Inches wide - 69c $.00 black silk J 8 Inches wide ' - 58c $ t .00 bonnet French silk 1 9 inches wide - 79c $.00 black silk 27 inches wide . - 73o $.25 black silk 27 inches wide '- - 83c $ 1 .35 black silk 23 inches wide - 83c $.50 black silk 27 inches wide - $.05 $t.50 black silk 36 inches wide - $.05 $ J .75 black silk 36 inches wide ' - $ .19 $2.00 Watcrette silk 36 Inches wide - $ .28 $2.00 Taffeta Silk 36 inches wide - $ .28 $2.25 Thread dve silk 23 Ladies' Suits Reduced One-Half This seaaon's styles in Ladle' mohair suits, representing tho best styles and assortment to bo found in this city at HALF PBICB. 135.00 VALUES $17.50 $30.00 VALUES .15.00 $25.00 VALUES 12.50 $20.00 VALUES 10,00 REMNANTS All short lengths and remnants front both floors ore en display and sale for tomorrow only at Half Pee Track and Freight Johnson, 1 mo'rguo; Cleveland, identified nt of li, M. Erlck, manager Keith's theatre, Cleveland, unaccount cd for. Two bodies nt tho raorguo nr so bndly burned It Is Impossible to d terinino tholr eor. J. H. Langdon, of Chicago, is In a critical condition, nnd mny dio. Tho question is naked, "wns the linv itcd traveling so fnst it loft tho track of its mOmcntunif" Fireman Oonnart told General Mairngor Marshall that both he and tbo engineer saw the white light on tho switch. Ballrond men say it Is impossiblo for n switch to nhorr n whlto light, nnd bo turned nt tho samo tlmo. Tho railroad officials hare begun nn Investigation. Thero is a possibility that tho 18-hour train will bo discontinued. Tho body of II. C. Mechllng, prosf dent of tho Wheeling Corrugated Irors Co., of Now York, was Identified nt thv morguo by his cye-glnsses. L. M. Eyrlck, of Clovclnnd, Ohluv has also been identified, and E. K Naugle, of Chicago, president of ther Hallway Supply House, Thren unldom tided bodies nro now in the morgue. Chicago, Juno 22.-Vlce-PresIdonti Brown today announced tho arrest of a person suspected of being In the riot, which ho declares resulted in th (Continued on Pngo Six.) rei&&& inches wide - $.3S ' Men's Hats New models for tho warm weath er. Come lu anil select from our largo assortment Values can't bo equaled In Ore gon. We start tbem at 1.00. And go on up tbo prico scale until wo come to the OBNUINB PAW AMAfl. $5, $7.50 and $0 4 to