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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (June 24, 1905)
Ji IBFMMBBBBiBMBBIMB81l8SRSM7'',p-'g'MBl Tonight and tomorrow, probably fair. LAST EDITION, 33(. DAILYCAPITAL JOt ) RNAL VOIk XV. " ". f-i-rr ,. SALEM. OREGON, SATURDAY, JUNE 24, 1005. NO. 147. NO CHARGES MADE FOR MITCHELL'S SERVICES 91 TANNER SWEARS TO SENATOR'S He Says "Mitchell Never Did Anything hot What He Coald Properly do as Senator And Without Mating Any Charge for it" Portland, Or., June 24. Tho cross examination of Judgo Tannor, Mitch' ell's law partner, bognn this morning, and. wns conducted by Judgo Bennett, Mitchell nltting bcsldo him. Thurston was on tho other si do of Dennett. Ho called for nil partnership contracts. Honey is nsslstcd by Burns & Bitten house, Assistant District Attornoy Banks tnking no part. Tho contract of March, 1001, refers to tho contract of September, 1807, When Mitchell was a privato citizen. Nothing is said about tho work to bo dono by Mitchell before tho departments or in con gress. Tho court ruled tlioro was noth ing wrong on tho fnco of tho contract for 1001. It was tho practico of tho firm, under that contract, thnt was called in question, and tho construction placed upon tho snmo by members of the firm. Tho defenso socks to estab lish tho tremendous pro-occupation of Senator Mitchell and his general fail ing health. Tho court advised counsel thoy would bo allowed wldo lattltudo in tho argument to tho jury. Tho books of tho ofllco wcro kept un der tho direction and supervision of Tanner and Bobcrtson. They nlono had the key nnd combination to tho safe. Mitchell never had cither or asked for them. Tho clerk and bookkeeper com puted the monthly earnings, and mado the division. Mitchell never got a statement of tho ofllco earnings but once in four years. Kribs brought a letter of introduction to Tanner from a personal friend. It Is estimated tho lervlco amounts to $25 n claim. Ho in troduced Kribs to VnnZant, who wout to Brownsvilcl to tnko tho nflldavits of tntrymen. Asked if witness was told by Kribs that this fco was partly for services rendored by Senator Mitchell, and whether his fco included any chargo for work dono beforo tho de partments by Senator Mitchel, as ienntr, Tannor said ho did not so un derstand. That wnB not included in the fco for tho sorvico rendered by tho firm. In no enjo was tho service rendered by Mitchell at Washington covered by tho charge mado to Kribs, Mitchell novor did anything but what fie could properly do as sonntor, and without nny chargo for it. Did not know thero was anything wrong about it. Intended to keep entirely withiu the law. When Tnnncr mot Mitchell nt Ka- lama Hermann and Stato Chairman Baker wero prosont. Ho told Mitchell it was rumored that Honey was ready to givo immunity to Tutor. MoKinlcy kivo immunity lo ruior, .ucn-iuivv nd others, and was moving heaven - .... iu couv.c ." "- msnn. Ho had no intimation of the prosecution for their services to Kribs prior to tho changing of tho contract (curt ruled that proof of other ae- gi :,:,! of a similar oharaoter tending toiWn ea.ieu uowu jv ,? ' , , . . .. , t.i.v court is able to oeeept punishment with m fnr-vw.. mir - Tl& AAAUlJ.bV 1 your money Batnes' Cash Stoe Sells tho most reliable merchandise on . smalier margin of profit than OQtldVQiXt CaSh ndmUiablB and the objwtion was ov.r vsyvuvfjvw w'- This was eonsidcred a great vie- a ri 'tory tor 1IeneJ'' and bo rrMeeJed t0 At a, CJaSh. &tOC, 'how agreements, payment of checks, vm9a i-rvw i ,pt by MUbcll & Tanner, and dl- If vn , l,cf .fffntj virdon of same at end of month. The u you want the best rewrns .. Tanner wrote , .ked by regU,ar atores." We can noru to sell ft lower prices Decause or store expenses aro ifery light, and spot cash plan prevents. losses from, had amounts. 'tne fact that our business continues ( grow is proof that our customers find f'TT artlelo satisfactory. Another large shipment of tho OENTOOJ CONKUN'fl HOBBEjnDE OIOVX3 Jost in. They are the most service able gloves on tho market, and always remain soft and pliable. We have them 10 light, medium and extra heavy p lights at the same priee, $1.15. j of 1001. In exnmining tho books at the ofllco Mitchell objected to a chargo of $10 to Col. Tcnl, for looking nflor n pension claim. Ho said ho never in tended' thcro should bo any chargo for that. Never told Senator Mitchell when ho received n warrant for sor vico in pension cases. Mitchell told him ho hnd nttended to hundreds of pension enscs, and novcr hnd charged for one. Ho called Tanner's attention to a featuro of tho contract, providing for n division of fees for services bo' fore tho department. He, Mitchell, suggested it bo changed. Ha said ho considered that thoy had dono nothing mornlly wrong, that Hitchcock had n grudgo against him, nnd wanted to ac compllsh his ruin, and that ho consid ered anything justifiable. Witness was 40 years old, nnd had practiced 20 years, had been municipal judge. Got his son to chango tho contract. Mitchell asked if tho son could bo relied oc Witness asked if Bobcrtsou could be relied upon. Told Mitchell his son would go into court and swear to what over ho told him. Adjourned to 2 o'clock. Friday's Showing. (Special Editorial Report.) Portland, Juno 23. Tanner direct examination resumed. Sent letter by II. B. Miller, his brother-in-law, to which Mitchell's famous Ictor, '1 am nlmost flfrhid to wrlto" was 0 reply. This letter was not produced, but the substance1 wns given by Tanner, Judgo DoIIaven orderod it stricken out. Tan nor admitted Mitchell hnd repeatedly warned him ngninst making agreements for work, involving Mitchell's services beforo tho departments. Court ruled out conversations with Mitchell after indlctmont. Honey offered to provo further agreements for services lo Kribs. Court heard argument as to r'ght to provo by other acts, after in dlctmont, to provo knowledge. Hency cited authorities to pormit proof of oth er acta showing knowledgo on tho part ot Mitchell of other transactions than tLc ones charged. Thurston admitted that cvldonco of acts at othor times ' ...... .).l..nVl. fn i'n vuiautnrr Anun terfeit money or havlug in possession stolon goods. It was enough for a de fendant to meet tho ono crime chnrgod. Bonnott questioned right to admit such testimony, nnd said it restid largely in tho discretion of the court. As a matter of logic proof other acts cf a similar naturo tonded to provo the act charged. But it was only in ox ti uK ---.., - , feme and unusual case, .that proof o -- -- -; . . was dangerous to ,.dml f m lerr and would delay this trial rebut iiresumiiiioii wi hoiuv n - Mitchell asking his assistance for - . a. . lA- friend and client of mne," ana swim that "tbero-is no good reason why na shtuld not get final astlon on tho list of California state land certificates en dorsed." These leters aro all offered i .vl.lonee. and all letters show that both Tannsr and Mitchell believed that ?" '. g tbt M,uW, went openly o (n8 department and praeueea Meh jn8taMO with the full knowlwlge of tho government, and of the people Yea, it is very warm in the city now, and THE SPA U a resort that is always cool, and ... . ii. -n-itv of our new JJJJ w8 cia mrfe drinks to pie" 'yon. Lemon ice todsy. THE SPA 3S2 State Street. iW. T. Stela. Q jrywIt INNOCENCE at Portland, of Oregon. In caso of Mitchell & Tanner appearing boforo land department for ono Kobbo, court ruled out nil testimony ns imniatorlal, aLd hold member of congress had right U draw up and present such petition. Adjourned to 2 o'clock p. m. Afternoon Session. Examination of Judgo Tanner, law p.utncr of Senator Mitchell, was con tltucd at 2 o'clock. Ono letter was read In which Mitchell was promisod 1000 additional fees for securing pat ents for Hydo & Benson to California lnuds. Ono of those letters shows that Mitchell did not wnnt to bo "known or recognized by anyone as represent ing Hydo & Benson in theso mnttcrs." Tanner writes to Mitchell thnt Bon son "promised to sond mo a check for a sultnblo amount in duo courso of time.' Other letters woro rend, show ing employment by tho California & Oregon Ijnnd Company, through It. A. Br.oth, for securing lnnd in tho Cos cado forest reserve. A contest fcroso over tho introduction of a letter to show that Senator Mitch el know nil about tho way tho books wero kept, and tho system adopted by his law partner for dividing tho same. Court decided against Hency, In May, 1002, mado agreement with W. IJ. Burko to promote irrigation schemu. Counsel for defendnnt objected on ground -that this was not a mntter whero money wns paid that was known l iinfntiilnnl 4a lhAA ! lkttsAvAl uj uuivuuuui, vu ui uuoh iiiiiui jr obtained. Objection overruled. Burko n.ald firm 300. Other nartles hml em ployed attorneys to block approval of tho lands desired for irrigation. Tan ner nsked Mitchell to go boforo tho commissioner at Washington and push snmo. , In the long, tiresome, worrying ex amination of Tanner District Prose cutor Hcnoy enmo out. very strong. He is tlroless, vigilant, systematic, good natured and his equanimity is surpass ing nil expectations. Ho hns a cool, precise, snappy delivery, Is very exact and circumstantial, and almost infill lably accurate. If ho ovor slips a egg ho gracefully acknowledges his error, turns book and enters upon tho pursuit with renowed persistency. Xot a word, a shrug, a lift of the eyebrows but is dollverod witli telling effect. Ho is uniformly smilingly nnd gravely cour teous. Tho prosocutor is a typical gov ernment attorney, conscious of his po sition as tho rcproscntotatlvo of a great, howling suesess of a republic, tho star actor for a strenuoous ndministra- encneed in setting up new J gj .Vd m. rMtIng the manners and customs or a Zluyt VrrMiug a Ho ha. ' , a smile. "Wo submit to your honor' ruling ns gracefully as we know bow," was bis only comment when Judge Dellavea intimated that a eer tain line of prsisteney was persisted la with too mush portlnaolty, Tberijs great interest in what kind of a eroM-examinatlon Tanner will be subjected to. If both Bennett and Thurston expend their enegrlef upon bim the former law partner of Senator Mltshell will have a bard time. Tan nr is not in an enviable position, and not a strong cbaraster at best. He has not a strong feature in bis make-up. Ills forehead is Indicative of inde cision His shin femes to a point, and J bis nose is net a strong performance In his beekkeeplng, letter-writing and preserving eopiee of letters and tele grams and ebeeks and stubs be has been most methodical, and his perfee tion of system has been a veritable gold mine for the government, and an aveeging Xeroesls for the defendant. While Mltshell was proverbially careless in keeping accounts, Tanner was saturate. While Mitchell was me tbodleal, Tanner was method Itself. While Mitchell seemed indifferent about details Tanner kept tbem to the minutest detail. Bo all the qualities absent in the senator were supplied in bis partners, and the defects of the ...' i ,-i i . i.,..Jgo of the other. L00WIS GOES TO FRANCE Will Receive the Remains of the Immortal Captain Paul Jones New York, June 24. Assistant Sec rctnry of Stato Loomis was a passong cr on tho liner Philadelphia, which sailed for Southampton. Iioomis ad mitted that ho was going to Paris for tho government to rccoivo tho romalns of Ptul Jones from tho French author ities.? Ho states thnt tho duty was as signed to him after being orderod to Europe on an important mission cf state, tho naturo of which ho refused to divulge. Ho also declined to mnico nny statement on tho Venezuela affair, Tho ceremony of transferring tho ro malns will tnko placo July 7 or 8. THAT'S GOING SOME 4 Auto Runs 1000 Miles in 1413 Minutes 1015 Miles iu 24 Hours New York, Juno 24. Quy Vaughn, who rtartcd at 1:30 on tho Emplro City track yesterday afternoon in n 40-horso power Decnuvillo car to lower tho "no stop" automobile record for 1000 miles, finisiod nt lt08:20 this afternoon. clli- m . . p.: i,ouri, 10 minutes nml zu boo ondoff (Wbest-'reeoM mado-by-Wrlg way. His timo was 23 hours, 33 min utes and 0 seconds. Vaughn continued and set n now record for 24 hours, mak ing 1010 5-8. WERE AFTER SILKS Robbers Caught in a Silk Laden Car After Desper ate Battle Cbiengo, Jnno 24. Trapped in - freight car which they hnl planned to plunder of thousands of dollars worth of silks, five robbers were captured af ter a desperato fight with tho pollco at Wolf LAe, Indiana. Ono robber es caped, Thoso captured aro Albort Burns, seriously Injured; Albert Greou ing, Joseph Smith, Frank Smith, John Metzar, all of Chicago. Tho pollco say all aro members of a gang of thieves, which has stolen $100,000 worth of property in tho last six months, BUBONIC PLAGUE ,IN PANAMA Longshoremen Dies and For ty Others Exposed and Isolated Panama, Juno 24, A longshoreman. engaged Jn unloading a Chilean vesfctl, developed a case of bubonic plagua, and died. Forty of his companions. longshoremen, aro isolated. Every pre caution has been taken to prevent tho spread of the disease, c Bayan la Floated. Tokio, June 24. The Japanese com mander at Fort Arthnr reports that the liussian armored cruiser Bayau has been successfully floated. i Too Much Ou, Uhieago, Jnno Z4, Seven persons were overeomo by gas In a boarding I t...... ai-. .l e.t a-. .ti. yli. .k, i 7 T 7r ,u this morning. Michael Mareovleb "'1 M"tba W" W,U iie' THE STREETS RUN BLOOD Cossacks Fire on Workmen Who Retal iate, and Hundreds Die Warsaw, Poland, Juno 24. Tho reign of terror which turned Lode into n slaughter pen as a result of tho conilict botween troops nnd working people, continues today. A vcrltnblo pitched bnttlo is boing fought in tho streets. In responso to a call for nsslstanco tho govornor-genornl sent thrco regiments of infantry and n cavalry forco to tho sceno of the disorders by special train Tho casualties yesterday nro estimnted as high as 2000. During tho night tho Cossncks ami drngopns frequently charged tho working men, who wcro barricaded, nnd replied from tho win-dowir- nnd housetops. Somo poured vlt rol on tho heads of tlio soldlors, Tho workingmon wero lod by tho social democrats nnd members of tho Jewish bund, who nro determined to get ro vengo for tho 37 socialists killed by troops Wednesday. Factories and ...u).. uro cioei, una no newspaper. appeared this morning. A lato roport -i -i - - says Colonel Androjcff wns sbvcrly in jurcd whllo leading a chargo of troops on tho rioters. Two bombs wcro thrown Into tho soldiers' barracks, and killed ur iiijuiuu -u. iuuiijr in lliu iicou still lying In the streets. So far as ascertainable 130 woro killed outright in tho fighting yestor day. Forty-ono moro died in tho hospi tals during tho night of tho woundo-1, Thrco hundred and twenty sustained slight injuries. AH tho hospltnls nro filled, and In many eases tho wounded are lying on tbo floors. Tho rioters this morning attempted to set fire to tho government offices, but woro scat tered by n strong forco of troops, workman was killed In tho stroets dur- Jtme White Days Especially Interesting Items in this Sale Littlo things that aro worth looking tit. Scattered all through tho storo ore countless Itttlo offerings somo of them almost too small to moutlon hero today and gono tomorrow ami many ot them representing cxtraor dlnnry values. , Special Prices on all White Goods Want PimhklJ) ' UNDERWEAR lieliablo in styles, qualities, sires and prices. Ilemember that wo earry tho largest assortment of nil styles and slzos of women's, chil dren's and infants' underwear in medium and light weight at Incom parably low June White Prices. 9c to $2.70 ' Specials fo this Evening Special Saturday evening bargains on sale at these pric between 7 and 0 o'clock. None earlier. 26c XJ2WIS AND OXAXK TIES lft)7 13.60 MEN'S OXFOBD, NO KEHEHVE f 2.85 14.00 SWEATEES ,..$2,85 FANCY VESTS, REDUCED ONE-THtHD. ing tho night for causes nnknown. Tn tho fighting Thursday night two offi cers and soven Cossacks wcro killod. Ono of tho latter was shot by n girl of 13. Bloody rioting continued all day Friday, nnd at 11 o'clock nil tho factory hands struck nnd flocked into tho streets. Tho Halrilor it:nrrrn1 tin mobs, firing yolloy after vol;8y into 'tho gurt,,nj. ranM Tho rlotcr, wl whll replletl rovolvors and missiles of every charac ter. Tho dead wero carted off to tho cemeteries in military wagons, tho troops acting as undertakers. Many of tho wounded dlod becauso of lack of medical attention. Tho rioting this afternoon spread to tho town pf Czontnxhau, and tho strik ers oriranizcd for a demonstration. Thoy paraded tho streets, carrying roil tings, and singing revolutionary songr, and refused to disporso when com mnnded. Tho Cossacks cliarcod, kill- ( ,,, 23) ,, wnumlnR 83 Tho bnker0 , ..avo oInoi lho .,.,,,. nml . ,,.,,,-, famlno is threatened. A report from Lodz nt 3 o'clock this nftcrnoon saya 33 worn klllmt tnilav. Tim nffiilnl rn. J, )ort iny, tbo number MM yMtcrda.v . was 11 Japs Take It Easy. Tokio, Juno 24, Oencral Okn re ports on dato of Juno 22d that nothing Important hns recently occurrod,' ex cept tho dally outpost skirmishes. Hot weather hns nrrlved,' and tho ontljro army is clothed in khaki. Chicago Markets, Chicago, Juno 24. Wheat, 0100 corn.BO'Hj oats, 321431. S&li MEN'S CLOTHING We've arranged to givo our pa trons a cool, comfortablo outing suit for vacation wear mado up of a lot of homespuns and tweods a smart as they can bo mado In tbo ' newest styles. Tho long roll doublo breasted nud alngle-breusted suok, with peg-top trousers that bavo belt loops nnd cuffs at bottom They eomo in newest shades, $ J 0.00 Other vulues ,8.60 to 10.50. STRAW HATS Now comes out iu n struw hat, Tho weather says wear 'em. Fash ion, as well as comfort, good senso says wear 'em. And you'll want to obey when you see our 1003 straws, baudsomer than nil previous and botter too, yet no higher iu price. Wo bavo real Panamas and mighty clever imitations. All sizes aud ihaflcs. $i.oo to $;o.oo K h r.- VlM K jgu mi Jii, JHBBfliH jHmA AtflHttaMAssshssMsMMassssnMSHsMH