# Looters of the Public Domain/Chapter 12

Chapter XII
THE verdict of conviction having been rendered, our attorneys immediately filed a motion for a new trial, Judge Belling-er granting us forty days in which to submit and argue same. In the meantime we were remanded to the custody of the United States Marshal, our bonds in each case being fixed at $4,000.
Mrs. Watson, Horace G. McKinley, Dan W. Tarpley and Frank H. Walgamot at once gave bail and were released; while, in my case, as I was momentarily expecting my old friends and associates to call and attend to the matter, I made no attempt, personally, to find sureties on the afternoon of my conviction.
It appeared, however, as the hours rolled by, and the day was far spent, that I had been overlooked, so I requested Walter F. ("Jack") Matthews, then United States Marshal for Oregon, to grant me the privilege of remaining at the Hotel Portland, where I had been stopping, until such time as my bonds were furnished and approved.
Mr. Matthews very kindly granted my request, and instructed Jacob Proebstel, one of his deputies, to accompany me to the hotel, where I was to remain in his custody until my bonds were furnished.
On the following day, December 7, 1904. I suggested to Mr. Proebstel. when breakfast was over, that we return to the Marshal's office, as I expected my friends to call there. Noon came, however, without bringing anybody, so we went back to the hotel for luncheon, after which we repaired to the Marshal's office and resumed our lonely vigil.
After remaining there for some time, I called up my brother over the telephone, and suggested that he pay a visit to the offices of F. Pierce Mays, Fred. A. Kribs and W. N. Jones, all of whom he would find in the Chamber of Commerce building, and to interview these gentlemen with regard to furnishing my bond, asking that he more particularly see Mr. Mays, whom I requested him to call upon first, as I thought, because of our close business relations, and because of the fact that Mays was implicated with me in several land fraud transactions, and had always acted as my attorney, that he would be the proper person to come to the rescue, now that I was in need of assistance.
When my brother returned to the Marshal's office, he advised me that the gentlemen named had been called upon by him personally and interviewed in my behalf, but without success. Mr. Mays, upon whom he called first, refused absolutely to have anything to do with me, giving as a reason that he, too, might be dragged into the mire. He stated that his name was being mentioned freely as a subject for probable indictment at some later date. ​and that, should he come forward at this particular time as among those who had given me either moral or financial support in any way, the result would be obvious.
Mr. Kribs also shrugged his shoulders and declined to go on my bond, as did Jones likewise, both of them claiming that they were dealing in timber lands, were consequently dependent upon future operations along that line, as in the past, for a livelihood, and that, under the circumstances, it would be eminently out of place for them to stake their prospects upon the notoriety of such an undertaking. These men. so my brother informed me, were quite willing to associate with me and to be known as my friends in my days of prosperity; in my hour of adversity, however, they were not to be reckoned on as among the faithful.
I was completely overcome, for the time being, when my brother related his experience with the trio of presumed friends, and had it not been that it was through my own brother the news of their perfidy had been conveyed to me, I should not have believed it. Coming from any other source I should have given the lie direct to such a statement, for little could I believe that these men would be guilty of willfully and deliberately deserting me at the very moment when I most needed a friend. It was neither what I expected or deserved, because I had stood by them through thick and thin, but now that my lips had drained the cup of bitterness to the dregs, I became resigned, though even then I did not despair.
The hour was now late, and not feeling disposed to strive further to secure bondsmen on that day, I retired to my room at the hotel, accompanied, as on the evening previous, by Deputy Marshal Proebstel, who accorded me every courtesy and consideration. We spent the evening quietly, as may be imagined, as I had much to think about and preferred to be alone.
On the following morning I was visited by a friend—not of the stripe heretofore mentioned—who expressed a desire to become one of my bondsmen. This gave me renewed courage, so after breakfast I decided to call upon Mr. Mays personally, notwithstanding my brother's report, as it was necessary for me to secure one more bondsman in order to obtain my release, and Mr. Mays, I still thought, was in duty bound to supply that man.
I called upon Mays, accompanied by Mr. Proebstel, the latter remaining in the hallway until the close of our interview. Upon entering the office, I found Mays seated at his desk, and after bidding him good morning, addressed him thus: "Mr. Mays, is it a fact that you have declined to assist me in the matter of securing my bond?"
"Puter," he replied, "you know very well that I could not become your bondsman, as the statute prohibits an attorney from doing so."
"Yes, I am aware of that, Mr. Mays," was my answer, "but I have not asked you to go on my bond personally, nor do I expect you to; but I have a right to ask you to call upon one of your many friends, through whom this matter could readily be adjusted. This you could easily do, and besides," I continued, "I already have one bondsman, and require but one more, and surely it is not expecting too much when I say that you should supply this need."
"I would like to help you out," said Mays, "but I don't propose to be dragged into this case if I can help it. You know yourself that they are after me red hot. and if it should become known that I assisted you in the matter of securing bondsmen, it would simply be a case of supplying ammunition to the enemy, and would be used against me at the first opportunity."
"Mr. Mays," I replied, "it is entirely unnecessary for you to become known in the transaction, as you could very easily speak to one of a hundred persons, any one of whom would gladly accommodate you by becoming my surety, and as for you being mixed up, or your identity becoming known, I can see no reason for any such idea. The very thought of such a thing is absurd, and you know it."
countenance that he was bent on ignoring me; but I was not to be discarded in this ruthless fashion, and resolved, before leaving, to plead with him still further, humiliating as it might be to my pride; so I proceeded to remind Mr. Mays of how he was associated with me in the 24-1 deal, wherein he received half of the six claims, knowing them to be fraudulent, and not one of which cost him a dollar.
"Mr. Mays, you claim, as I understand, to have paid Senator Mitchell the sum of $600 for his services in pulling out the patents to those six claims, but I never did believe that you paid him any such amount, nor do I believe it now, as Senator Mitchell, according to your own statement to me, was very much indebted and obligated to you for past political favors. However, I know this much, and you will not deny it, that you got those claims from me for absolutely nothing, and you also know, as I do too, that you disposed of them—the three that you got—within a few months' time, for the neat sum of $2,520. And furthermore, Mr. Mays, you have been mixed up with me in various land transactions for something over 12 years, and now, to think that the very man with whom I have dealt, and for whom I have worked, should throw me down—you don't mean this, Mays, I know you don't, for you know full well, and that, too, beyond a question of doubt, that I would have gotten up in the middle of the night to come to your rescue, had occasion demanded and would gladly have put up my last dollar had you needed it. Your name, Mays, has never been mentioned by me in connection with these cases. On the other hand, I have shielded you at every turn."
Mays had little to say after that, but the look he gave me spoke volumes. He was not to be moved; that was all apparent, so I decided that further entreaty would avail me nothing, and being given the opportunity, I looked him square in the eye, and said:
"Mr. Mays, I take it that you refuse to act in my behalf?"
"You have my answer," he replied; "I can do nothing for you!"
"You, sir, may be looking for a bondsman some day." I remarked, before leaving. "Remember, I say, you, too, may in time need a friend!"
It is worthy of note that Mr. Mays was indicted, tried and convicted within two years after this conversation took place, the indictment against him being returned in less than a month after my trial.
He is now under $4,000 bond, pending appeal of his case to the higher courts. ​Finding Mr. Proebstel in waiting in the corridor where I had left him, we took the elevator and returned direct to the hotel. I might, perhaps, have called upon Jones and Kribs, who occupy offices in the same building, but I was too much downcast to court another such experience.
Upon reaching the Hotel Portland, I found my brother waiting for me, and told him what had taken place. He was not surprised, as his mind was made up from the time he had talked with Mays, Jones and Kribs, on the day before, that it was useless to expect any aid from them, and he could not understand why I should permit myself to become so grossly deceived in regard to the stability of such friendship, as I had always claimed, in discussing the subject with my brother, that any one, or all of them, would do anything for me within reason, as I likewise would have done for them. They had been put to the test, however, and were found wanting, and it was now up to me, in my present predicament, to look after myself, and at some later date, when the cruel circumstance of time would lay bare the lives of these men, as it does with all those who prove traitors to their friends. I could stand by and look on in silent contempt, if not. indeed, with a degree of satisfaction, at their deserved fate.
When my brother inquired if I wished to see anyone else in the city with a view of securing bonds, I replied that I did not; that I would prefer, however, humiliating it might be, to send to my old home in Humboldt County, California, and have the money sent me necessary to secure my liberty. He. too. considered this the better plan, so I wired that morning, requesting that $4,000 be transmitted, and this amount I received by telegraph that same afternoon.
Being free once more, I lost no time in summoning my old lieutenants, McKinley and Tarpley, to my room at the Hotel Portland for consultation.
When they called to see me. I informed them of my intention to call upon Francis J. Heney, Special Assistant to the United States Attorney-General, and request permission to appear before the United States Grand Jury, to give testimony against F. Pierce Mays, Senator John H. Mitchell, and the rest of the gang. Mr. Tarpley advised that I abandon the thought, while McKinley suggested that it might be all right to inform on Mays and some of the others, but I should omit the name of Senator Mitchell.
"I know," said he, "that Mays has treated you shamefully, and should be brought to account and made to suffer for his acts, but Mitchell—why should you turn against him? What has he done?" "Just look at those press dispatches," I replied. "Hardly a day has passed since my conviction but he has had something mean to say about me in the newspapers, and as Mitchell and Mays are so closely identified with each other, I look upon them as one person, determined to force me to the wall, and to effect. if within their power, my complete ruination."
"I would advise you to hesitate," replied McKinley, "before taking final action, as you are angry now and might do something which you would have reason to regret at a later date; just wait a few days and you may change your mind."
"No." I said; "I comprehend thoroughly what I am doing. My mind in the matter is made up, and I am determined to carry out my plans as outlined. Had Senator Mitchell held his peace, his name should never have been mentioned by me, but since he has seen fit to denounce me publicly, through the columns of the daily press, discountenancing me in most scathing terms, I can see no reason why I should protect him further. No! I shall shield him no longer; he is equally guilty, and must go down to his fate with the balance of the bunch."
McKinley and Tarpley evidently thought that further discussion on the subject was useless at that time, so they had nothing more to say, but still hoping to change my mind in the matter, either one or the other, if not both, called upon W. N. Jones, one of those who had been asked to go on my bond, and after informing him of the situation, suggested that he see and talk with me at once.
​Jones hit only the high places in reaching me. and meeting me in the hotel lobby, said:
"Puter, what is the matter? I learn that you are going to cut loose and give the whole bunch of us away—is that so?"
"Well," I replied, "you are a nice lot of fellows, particularly Mays, Mitchell, Kribs and yourself, for now that I have been convicted, Mitchell condemns me, while Mays, Kribs and you have seen fit to pass me up in the most deliberate and cold-blooded manner. Both Mays and yourself, being my partners in those timber land schemes for the past eight years, should have been the first to offer me assistance, and which, you well know, should have come to me unsolicited; but you failed to appear, and when I was forced to call personally, because of your non-appearance, I was turned down like a white chip. Up to this time I have never uttered a word to anyone about the fraudulent character of the transactions in which you were all involved with me. On the other hand, I have stuck to you all from beginning to end."
Jones' countenance assumed a look of serious solicitude as he replied: "Be reasonable, Puter, and I will see Mays and Kribs and the rest of them, and between us all, we shall see that your fine is paid!"
"You'll pay nothing!" I answered, heatedly. "I am plenty capable of paying my own fine. I never expected, nor would I permit, anyone to pay my fine. All I asked for and expected was, that Mays, Kribs and yourself would show me the consideration to which I was entitled. I had no other thought than that you would all hasten to my aid, and the only question in my mind, immediately after conviction, was which two of the three I would permit to go on my bond without offending the other. You know, Jones, how badly I was mistaken as to your respective dispositions. I know now what kind of fellows you are, and you will all have to answer at the bar of justice because of your miserable conduct toward me."
Jones beggingly implored, "Don't do it, Steve—don't do it! for if you once start the ball rolling, there is no telling where it will stop! Besides," he continued, with more consideration over the prospective loss of his ill-gotten dollars than contrition for the inevitable wreck of his reputation, "further exposure will simply ruin the timber business, and there won't be a cent in it for anybody hereafter!"
I wheeled abruptly and walked away, for notwithstanding the fact that Jones had turned against me when I most needed his assistance, at the same time. I could not bear to look upon this fine specimen of manhood reduced to misery and shame, and to think, moreover, that he was yet to suffer still greater torture from the grilling he was certain to receive at the hands of the death-dealing Heney. My position, for the moment, was as one "between the devil and the deep sea," for I had no real desire at heart to humiliate my old friend Jones, nor did I wish to place him in the hands of Heney. a man for whom I could entertain no love, for if ever living man prosecuted his fellow-being, it was this man Heney when he kept rapping it to me, and, as I believed at the time, with a determination not only to kill me for eternity, if possible, but. if within his power, to place me behind the very gates of hell.
But I must decide. Once before I had done so, and now it was incumbent upon me to again revolve all the agonies of my chaotic thoughts into some sort of tangible form that would assume the composite shape of justice and mercy. Not in the presence of my one-time friend, however. I must be alone, and in the solitude of my room I reviewed every phase of the situation as one seeks the secrets of destiny in a kaleidoscope.
All the abuses I had suffered at the hands of this syndicate of traitors seemed to parade before me in spectral procession, and mock my very soul itself with their merciless taunts. It was more than human flesh could endure, and lest my heart should grow too weak and cowardly, causing me to flinch from what I realized was my stern duty, I walked deliberately from my own room to that of the Government prosecutor—in the same hotel—and knocked for admission, with ​the same degree of charity that the penitent sinner would display in seeking salvation. Mr. Heney responded in person to the summons, and after requesting me to be seated, inquired the object of my visit, to which I made answer:
"Mr. Heney, I have personal knowledge of fraudulent land transactions in which several prominent citizens are implicated, all of whom, I consider, are equally guilty with myself, if not more so. I have come to you, therefore, to ask that I be granted the privilege of appearing before the Federal Grand Jury for the purpose of testifying in those cases."
"What, might I ask, are the names of the persons against whom you desire to give evidence?" inquired Mr. Heney.
"F. Pierce Mays, United States Senator John H. Mitchell, and several others, whose names I do not care to mention at this time," was my reply.
"If you have no objection," said Mr. Heney, "I should be glad to learn the nature of the testimony you expect to present."
"Well," I replied, "I will state for the present that Mr. Mays was my associate in several land transactions, in some of which Senator Mitchell also took part. One, in particular, that I call to mind, was when I visited Washington, D. C, at the instigation of Mr. Mays, and, although I had met and transacted business with Senator Mitchell prior to this time. Mays handed me a letter to him, which I presented upon my arrival in Washington, and which introduction was the means of giving me a standing with the Senator which I had not previously enjoyed, and which terminated later in my making a deal with him, whereby he agreed to expedite the issuance of patents to certain lands in which Mays and I were interested, and for which service I paid Senator Mitchell the sum of $2000, in the form of two $1000 bills."
"If you can substantiate these statements," replied Mr. Heney, "you may come to my office at 10 o'clock tomorrow morning, when you will be afforded an opportunity to testify before the Grand Jury. I shall expect you," he added, significantly, "to bring with you all papers and documents bearing upon the subject, to corroborate any testimony you may offer at that time."
This I agreed to do, and bidding him good-day, I took my departure. Having in mind his injunction to bring with me all the available documentary evidence in my possession, I immediately telegraphed to my home at Berkeley, Cal., requesting that my private account book be sent to me at once. On the morning of the second day after my talk with Mr. Heney, the book in question arrived in Portland. In the meantime I had arranged with him to defer giving my testimony until the book reached me.
Upon being ushered into the Grand Jury room by Mr. Heney, the latter announced to the inquisitorial body that S. A. D. Puter wished to present evidence in the cases of F. Pierce Mays and United States Senator John H. Mitchell.
Whatever my thoughts before entering that room, I can assure my readers that after glancing about me and examining the faces of those present, I experienced a feeling of awe. Some few of the jurymen I was acquainted with personally; others I had seen, while the majority were total strangers to me. I recognized, however, that the jury was composed of a representative class of men who, in all truth, were endowed- with more than ordinary intelligence, and eminently capable of performing their duties without fear or favor under all circumstances. The more I studied their faces the more confident I became, until I felt satisfied that no guiltless person need fear their decision. Their equal as a jury, collectively speaking, would be hard to find; their superior I have never seen.
After being sworn, the usual form of oath being administered, I took the witness chair and was asked by Mr. Heney to state my name, age, residence and occupation; how long I had lived in Oregon and dealt in timber lands, and how long I had known Senator Mitchell, etc. After answering these and other preliminary questions, the Government prosecutor asked if I had ever had any business transactions with Senator Mitchell.
"Yes," I replied, "I have had several such transactions."
"Yes, sir, I did," was my reply. I thereupon stated the nature of these relations.
Mr. Heney then asked me to indicate what business, if any, I had had with the Senator during 1902.
I replied that I had employed Senator Mitchell in Washington, D. C, as my attorney, for the purpose of expediting the patents to the 12 homestead claims in Township 11 S., Range 7 E., in Linn county, Oregon, involving those upon which I was tried and convicted.
In response to Mr. Heney's suggestion that I explain to the members of the Grand Jury all about the method of acquiring title to the 12 fraudulent homestead entries. I proceeded to give a detailed account of how the lands had been located through McKinley and myself, as described fully in a preceding chapter. I explained further how the entries had been suspended by the General Land Office pending an investigation; how I had bought off Special Agent Loomis, of the Oregon City District, and also Captain Ormsby, Superintendent of the Cascade Forest Reserve, both of whom had been detailed by the Land Department to investigate the character of the homestead claims; and further, how I had personally gone to Washington City shortly after the reports of the Government officials had been transmitted to headquarters, and how, upon my arrival there. I had employed Senator Mitchell to use his influence with Binger Hermann, Commissioner of the General Land Office, to secure the issuance of patents without further delay. After I had entered into a careful explanation of all these details Mr. Heney then asked me this question:
"Mr. Puter, have you any documents in your possession bearing upon the statements you have just made?"
"Nothing," I replied, "other than the memorandum book in which I keep my private accounts."
"Have you got that book with you?" he asked. I replied in the affirmative.
He then requested me to give the jurymen a detailed statement of the transactions recorded therein.
With book in hand, I went on to explain how I had furnished all funds necessary to cover the expense of locating the 10 homesteaders on the different claims, and how two of the entrymen had filed on two claims each. This transaction took place in December, 1900. I also made mention of expenses incurred during February and March, 1901, in taking the same parties back to Oregon City and Albany, when they made final proofs; date of transfer by deed to Emma L. Watson, showing amounts paid to each entryman; dates and amounts paid to J. A. W. Heidecke for showing Special Agent Loomis and Forest Superintendent Ormsby the alleged improvements on the various tracts; dates upon which Loomis received the sum of $1,000, in two $500 payments; date that $500 was paid to Merritt Ormsby, son of the Forest Superintendent, for the benefit of his father; expense account of my trip to Washington City and return, together with the payment of $2000 bribe money to Senator Mitchell. This latter entry appeared in the book as a payment to "Cap.," the term being used to designate the point where the expense was incurred.
After relating my story, one of the jurymen requested permission to examine the book, which I handed him, and after looking it over carefully, more particularly with reference to entries on that certain page containing all transactions concerning township 11-7, he passed it to the next juryman, and in that manner the book went the rounds.
I was then subjected to a cross-fire of questions from all directions, the jurymen, if anything, being as deeply interested in obtaining the bottom facts as Mr. Heney himself, and what one did not think of, another would, and in this way they drew out of me practically everything connected with the fraudulent transactions.
​During the course of my examination, I was questioned closely relative to my motive in vising the term "Cap." as applicable to the amount paid to Senator Mitchell, as it was noted that I had written the names out in full wherever they occurred in other entries.
As a reply to these queries, I simply stated that I did not wish to take any chances of doing the Senator an injustice in case anything should ever arise whereby the book might get into the possession of someone else. In other words, I had no desire to compromise him in any way at the time I made the entry. I admitted that greater precaution should have been observed by me in connection with other names, but I was particularly anxious to shield Senator Mitchell as much as possible on account of the position he occupied.
In order that my readers may properly understand the interest displayed by the jurymen, I desire to state that my recital began at 10 o'clock in the morning and was not concluded until after 11. Notwithstanding the fact that I had finished, I was detained in the jury room until 1:45 P. M., the members foregoing their luncheons for the time being in their eagerness to obtain all the facts. During this time I was questioned closely by every member of the body.
I perceived at the outset that Senator Mitchell had many personal friends on the jury; men who would gladly have stretched a point in his favor, had circumstances permitted; so it is not to be wondered at that these men were intent on holding me there, that they might, by some possible chance, stem the tide that was fast setting against their old-time political idol. The evidence was all tooconvincing, however, and it was not very long before the most pronounced adherent of the distinguished Oregon statesman was willing to cry quits.
Some days later I was called upon by Mr. Heney to appear again before the Grand Jury, this time to give testimony in the case of F. Pierce Mays. My experience upon this occasion varied materially from that of my first appearance, inasmuch as it required less than half an hour to convince the body that Mays was a fit subject for indictment on the charge of conspiracy to defraud the Government in connection with the 24-1 deal.
It might be stated, also, that Senator Mitchell was later on granted the privilege of appearing before the Grand Jury in his own behalf, while Mr. Mays, although making an urgent request to be accorded a similar courtesy, was denied this privilege, it being discretionary with the Grand Jury to extend it or not, so the presumption is that all the members were desirous of affording every opportunity for the Senator to clear his skirts of all charges.
After Senator Mitchell had concluded his testimony before the Grand Jury, he started immediately upon his return trip to Washington, as he had been obliged to leave his seat in the United States Senate in order to appear and give testimony in his own behalf, and it was while en route across the continent that the news of his indictment became known. It reached him at Spokane, Wash., where he was interviewed by a representative of the Associated Press, and through which medium his expressions were heralded all over the country. In the course of this interview he said:
"I never saw Puter in my life until he called on me in Washington with a letter of introduction from Franklin P. Mays, a friend of mine in Portland. In helping him before the land office, I did what I had done for a thousand citizens of Oregon. He told me that he had been employed by Mrs. Watson, as I recall it now, to look into her matters for her. Never in the slightest degree, was the matter of compensation mentioned between Puter and myself.
"I am as innocent as a babe unborn of any complicity in any land frauds in Oregon or elsewhere, and if it is true that an indictment has been returned against me, I assert in the most positive terms that it must be based upon the testimony of self-confessed and convicted land thieves and perjurers, who have been offered immunity in case they, to meet the vindictive desire of Secretary Hitchcock and his agents, will, by their testimony, involve me and others in the frauds.
​"The prosecuting officer, Francis J. Heney, filled the newspapers of the United States with press dispatches from Portland ten days before the Grand Jury met. to the effect that 1 was involved in land frauds. I immediately left Washington for Portland to answer any charges made against me before the Grand Jury, and I wired Heney that I desired the privilege of going before the Grand Jury to answer any charges against me.
"On my arrival in Portland, I made a similar request of the foreman of the Grand Jury. I was told by Mr. Heney that I could go before the Grand Jury. Upon my appearance there. I was told by Heney that no evidence had been submitted to the jury against me. I then said that if there was no charge against me to answer, I was still ready to submit to any examination. This I did for two hours and a half, and answered promptly all questions. I was not advised as to what the charge against me was. and assured the jury that I was ready and willing to answer any other questions which either Heney or any member of the jury might wish to ask me, and especially did I desire the privilege of answering any charges that might be made against me by any witness.
"Having been assured that no such evidence, up to that date, had been submitted. I then remained in Portland, and for four days after that, and receiving no word from either Heney or the Grand Jury, the latter being- in session all the time, I left Portland last evening for my post of duty in Washington.
"If an indictment has been returned against me, I am prepared to meet it before a trial jury immediately, and, in this connection. I defy the prosecuting officer to produce against me one particle of evidence worthy of a moment's belief which in any manner improperly or criminally connects me with any land frauds, or with any confessed criminals.
"I demand a trial at the earliest possible moment, and I will return to Portland whenever I can be assured by the prosecuting officer of an immediate trial.
"I denounce this prosecution against me as the result of a most damnable and cowardly conspiracy in which Secretary Hitchcock and this man Heney are the chief conspirators, their motive being partly revenge and partly politics.
"This man Heney is a California Democrat, who is trying to blacken and destroy the character of leading Oregon Republicans. That there has been land frauds in Oregon, I do not deny, but speaking for myself, I do deny, in the most positive and unqualified manner, that I have been in any wise, either directly or indirectly, connected therewith, or received any benefit therefrom."
NOTE: The above speaks for itself. Senator Mitchell, however, in making this statement, evidently had in mind that the money paid by me was handed him in two $1000 bills, and not by check or draft; therefore no documentary proof could be presented in evidence against him by me. He failed to reckon on his transactions with Fred A. Kribs and the services rendered him, for all of which Kribs settled by check, and which cancelled checks, being placed in evidence, together with an abundance of other evidence submitted at the trial, resulted in Senator Mitchell's subsequent indictment and conviction.
Senator Mitchell continued on his way to Washington City, and lost no opportunity to denounce and villify me while being interviewed en route by Associated Press representatives, which resulted in my being advertised throughout the United States as the defamer of his character and the one responsible for his indictment.
The opinion of the general public, at that moment, was of little consequence to me. I knew, as a matter of fact, that Senator Mitchell was guilty as charged, and I believed that, in due time, every statement that I made before the Grand Jury would become established, and eventually appear to all as a living truth. As time rolled on, however, it was evident to me that the Senator was gaining ground in the public mind, and as a natural consequence, I came in for additional condemnation. This condition was becoming more pronounced daily, and finally, when Senator Mitchell made his famous speech before the United States Senate, at which time, as is well-known, every Senator was in his seat, with the galleries crowded to their utmost capacity, and after two hours of impressive defense was applauded to the echo, it was plain to be seen that I stood convicted, in the estimation of the public, of trying to drag the distinguished statesman's name into everlasting mire.
My position was certainly an unenviable one, as the speech of Senator Mitchell had placed me in contempt of some of my old-time friends, as well as in the eyes of the world at large.
When the Oregon State Legislature, which was then in session, unanimously adopted resolutions indorsing Senator Mitchell, it appeared, for the time being, that the last nail had been driven into my coffin. I even felt considerable diffidence about appearing upon the streets of Portland, because whenever I did I was sure to be accosted with the remark, "What did you mean, Puter, by lying so about Senator Mitchell and causing his indictment?" while others were equally as severe in their comments concerning my action. It finally came to pass that well-known acquaintances would go disdainfully by me without even the slightest token of recognition, as if shunning contamination with one so vile as myself.
As an illustration of the idea, I append herewith extracts from the Senator's speech, which occupied two hours in delivery, together with the full text of the resolutions of confidence adopted by the Oregon Legislature:
ANSWER
of
SENATOR JOHN H. MITCHELL,
of Oregon,
to
CHARGES MADE AGAINST HIM.
REMARKS IN THE SENATE OF THE UNITED STATES, JANUARY 17, 1905.
PERSONAL EXPLANATION.
MR. MITCHELL: Mr. President. I arise to a question of personal privilege.
The PRESIDENT, pro tempore: The Chair recognizes the Senator from Oregon for that purpose.
MR. MITCHELL: Mr. President and Senators: Recent events, with which you are all familiar, make it incumbent upon me to come into your presence at this time and make answer to charges made against me in the public press and by a Grand Jury, and which charges, if true, unfit me to occupy this seat longer.
The charges, as spread broadcast through the public press, throughout the length and breadth of the United States—and this is in substance and effect the indictment reported—are to the effect that in January, 1902, in the State of Oregon, I entered into a conspiracy with Binger Hermann, the Commissioner of the General Land Office, and with one, S. A. D. Puter, Horace G. McKinley, D. W. Tarpley, ​Emma L. Watson. Salmon B. Ormsby, Clark E. Loomis, William H. Davis, and others, to defraud the United States out of a portion of its public lands, situated in Township 11 South, Range 7 East, Willamette Meridian, in the State of Oregon, by means of false and forged applications, affidavits and proofs of homested entries and settlement; and further, it is charged, that in furtherance of said alleged conspiracy, and to effect the objects thereof, said S. A. D. Puter did, on the 9th day of March, 1902, pay and deliver to me the sum of $2000, in money of the United States, the same being paid to me, as asserted by Puter, in the bills of the denomination of $1,000 each, to induce me to use my influence as a Senator with the said Binger Hermann, Commissioner of the General Land Office, to induce him, as such Commissioner of the General Land Office, to pass to patent 12 homestead entries, then pending before the General Land Office, covering lands in the State of Oregon, and each and all of which entries, it is alleged, were based upon false and forged homestead applications, affidavits, and proofs, and that in pursuance of such conspiracy, it is alleged, I did use my influence with said Binger Hermann, Commissioner of the General Land Office, to induce him to pass to patent said 12 homestead entries, knowing they were fraudulent.
These are the charges made against me, and which I am called upon to answer. My answer is as follows:
I assert in the most positive and unqualified manner, that each and every one of these charges, insofar as they relate to or involve me. are absolutely, unqualifiedly and atrociously false, and I here and now indignantly and defiantly denounce their authors, and each and every one of them, and brand them publicly as malicious and atrocious liars.
But I desire to be more specific, and therefore I further deny, in terms the most absolute and unqualified which I am capable of using, that I ever, either in the month of January, 1902, in the State of Oregon, or at any other time or place, unlawfully or feloniously, or otherwise, conspired with Binger Hermann, then Commissioner of the General Land Office, and S. A. D. Puter, Horace G. McKinley, D. W. Tarpley, Emma L. Watson, Salmon B. Ormsby, Clark E. Loomis, and William H. Davis, or with either or any of them, or with any other person or persons, to defraud the United States out of any part of its public land, located either in Township 11 South, Range 7 East, in the State of Oregon, or any other public lands either in the State of Oregon or elsewhere.
I assert furthermore, in the most absolute and unqualified manner that any and all statements by any person or persons to the effect that I ever, at any time or place, entered into a conspiracy with all or any of said persons, or they, or any of them, with me, to defraud the United States out of any part of its public lands in the State of Oregon or elsewhere, either by false or forged homestead applications, affidavits, or proofs, are absolutely, unqualifiedly, and atrociously false, and I defy my defamers and challenge them to produce any evidence, other than that of condemned thieves, forgers, and perjurers, to sustain any such charges.
I further deny, in the most absolute and unqualified terms, that said S. A. D. Puter did, either in the City of Washington, on March 9, 1902, or at any other time or place, offer me, or pay to, or give me—nor did I on March 9, 1902. in Washington, D. C. or at any other time or place, accept or receive from S. A. D. Puter—the sum of $2000 or any other amount whatever, either in two $1000 bills, or any other denomination or amount whatever, as an inducement to use my influence with Binger Hermann, then Commissioner of the General Land Office, to induce him as such Commissioner to pass to patent 12 certain homestead entries, or any homestead entries whatever, or for any other purpose.
J. Heney, prosecuting officer representing" the Government, made this infamous and atrociously false charge against me for the purpose and with the expectation of saving himself and his convicted partners in crime from deserved punishment.
WHEREAS, A rumor has been circulated to the efifect that the Legislature of the State of Oregon intended at the end of a 40 days' session to adjourn to a day certain instead of adjourning without day, and that such action was to be taken on account of want of confidence in the Senior Senator from the State of Oregon, Hon. John H. Mitchell.
WHEREAS, Said rumor was wholly without foundation therefor.
WHEREAS, The State of Oregon is under a lasting debt of gratitude to our Senior Senator for long years of faithful, honest and efficient service.
WHEREAS, During all of those years of public service no charge has been made detrimental to the personal honor or integrity of the Senior Senator until his recent indictment by the Federal Grand Jury.
WHEREAS, This Legislature, believing in the personal honor and integrity of our Senior Senator, and desiring to express to the world our belief in his innocence,
RESOLVED, By the Senate, the House concurring, that this biennial session adjourn without day on the 17th of February, 1905, not later than 6 P. M.
RESOLVED, That we declare our continued faith in the honesty, honor and integrity of our Senior Senator, Hon. John H. Mitchell, and that we at this time extend to him a vote of thanks for the 22 years of faithful service by him rendered to our State and Nation, and hereby record our hope and belief that his good name and the fair name of our State will be cleared from any charge of any nature whatsoever.
When all this came out, it appeared to me, and I was convinced at the time, that even Prosecutor Heney himself questioned the truth of my statements; and ​I was quite sure, beyond the question of doubt, that many of the Grand Jurors who indicted Senator Mitchell had changed their minds and believed they had made a great mistake, and one for which they could never atone.
Never a day passed but what I would be accosted by one or more of these men, every one of whom was of the opinion that a great wrong had been done Senator Mitchell, and they were not backward in telling me that I would make a fine subject for a coat of tar and feathers unless I could substantiate every word of my statements before them. In other words, I must prove my case, for just as sure as Senator Mitchell is acquitted, just so sure shall I get all that is coming to me.
The conditions, as presented to me by my friends and the public at large, were assuming a very serious aspect. I knew that I had told the truth—the whole truth, in fact—but at the same time a feeling of unrest came over me, and I feared for the outcome of Mitchell's trial, as I was forced to believe, because of the tremendous influence which would be brought to bear, and of public opinion, which was almost unanimous in favor of the Senator, that he would not be convicted upon my testimony.
I had really no desire to cause Senator Mitchell's downfall, up to the time of his denouncing me after he learned of my conviction. Before that date, I entertained only the most kindly feelings towards the old gentleman; but he had spoken unadvisedly, most severely and with apparent intent to cause me additional worry and annoyance; and now, that I had turned against him in a spirit of retaliation, and had presented the evidence which I knew, of my own certain knowledge, to be true, but which, because of the condition of the public mind, was not sufficient to convict, I must, of necessity, fortify my position with additional proof, and that, too, of a most convincing" character, else I must retire from the scene in utter contempt of all mankind.
The one thought uppermost in my mind was, how am I to produce additional evidence? This question I had debated with myself over and over again. It rose up before me constantly like Banquo's ghost, and would not down. It must be done—but how? Finally a thought struck me—the Senator had accepted money from a friend of mine, the latter having called upon him at my suggestion, at which time arrangements were entered into between them whereby Senator Mitchell was to receive the sum of $25 for each and every patent expedited by him.
This man was Frederick A. Kribs, Pacific Coast representative and financial agent of C. A. Smith, the millionaire lumberman of Minneapolis, Minn.
As a matter of fact, I was familiar with Kribs' method of doing business, and was aware that in all transactions involving the use of money, he invariably made his payments by check drawn on a certain local banking house where he kept his deposits. It only remained for me to force Kribs into a position where he must testify as to his relations with Senator Mitchell, in which testimony he would be required to make mention of all moneys paid to the Senator for his services as indicated, and in substantiation of his statements relative to such payments, must produce the cancelled checks, which bore the indorsement of Senator Mitchell or his firm, which would become documentary evidence of the most convincing nature.
I then called to mind a certain deal I had with C. A. Smith, which was consummated through his agent Kribs, wherfeby Smith became possessed of title to 33 quarter sections of timber lands in Township 14 South, R. 3 and 4 East, in Linn county, Oregon, full details of which may be found in a preceding chapter.
At the time of transfer of these claims, it was then that I advised Kribs to tie up with Senator Mitchell in the matter of having the patents pulled out, which he agreed to do. Later, when I called upon Mr. Smith in Minneapolis for the purpose of effecting a settlement, the sum of $25 was deducted by Smith on each and every claim, and when I asked for an explanation, he stated that this amount had been paid to Senator Mitchell by his agent Kribs, in Portland, Ore., for his ​services in expediting the patents. I objected at the time to standing the amount named, as I did not consider that this item of expense should be charged against me. Smith, however, insisted upon my bearing the whole thing, and while it was a hold-up, pure and simple, I became reconciled to it upon the basis that he was a heavy timber land operator, and inasmuch as I expected to do further business with him, the opportunity might be afforded me in due time of squaring accounts in some way.
After reviewing these incidents in my mind, I decided to adopt some process of forcing Kribs to produce this evidence, thereby vindicating my own position before the public as much as possible.
I then called to mind the gigantic frauds perpetrated l)y Kribs in the matter of acquiring title to vast tracts of land, not only for Smith, but for other Eastern capitalists and speculators as well, in all of which operations since his acquaintance with Senator Mitchell, it is presumed that the latter received his $25 bonus upon each claim patented through his efforts and influence as a United Sates Senator.
Under the circumstances, I felt that there must be some way of forcing Kribs into the open, and while I had no desire to besmirch his name in any way, notwithstanding the fact of his refusal to go upon my bond, or of his desertion in my hour of need, I was willing to forego the rebut in his particular case, provided, however, that in overlooking him, which was viewing the matter from a purely friendly standpoint, I would not be driven into a still more compromising position myself. I found, after a careful canvass of the situation, a plan to make Kribs divulge the desired information, but it became necessary for me to arrange my plans in such way that he would have no possible chance to sidestep me at the critical moment. In other words, it became necessary for me to get the dope on Kribs. personally, and then, through promise of immunity from punishment, compel him to give up on Mitchell.
In order to accomplish my ends, I decided that it would be necessary for me to appear before the Federal Grand Jury again, and to give testimony that would warrant indictments being returned against C. A. Smith, as well as Kribs.
I believed this within my power, and at the same time, I considered it possible, in the event of Kribs telling the whole truth relative to his dealings with Senator Mitchell, that I could, at some later date, bring sufficient influences to bear to secure the quashing of these indictments. My first step, therefore, if I hoped to accomplish my purpose, was to call upon Special Prosecutor Heney with a view of feeling his pulse, in a way. Upon entering his office, I said:
"Mr. Heney, during the course of your argument at the time of my trial in the 11-7 case, you remarked that there was no man too big, nor were there any too small, to escape prosecution by you, if it could be proven that he was guilty of committing fraud against the Government, and further, that you would prosecute the President of the United States himself if the crime was traced to his door. Did you mean that?"
"I certainly did," responded Mr. Heney; "and if you or anybody else can produce the evidence. I am ready to proceed."
"Very good," said I. "I know of a man, C. A. Smith, of Minneapolis, Minn., reputed to be worth millions, who has defrauded the Government out of upwards of 100,000 acres of timber lands in this State within the past four years, most of which was taken up under the Timber and Stone Act of June 3, 1878, by the process of 'dummies' operated through his agent, Fred A. Kribs, the hired locators being furnished the cash necessary in meeting all expenses by Smith and Kribs, and being under contract with the latter prior to filing whereby they were to turn over their claims to them as soon as they got title."
"Just furnish me with a list of names of these entrymen, together with a description of the tracts," replied Mr. Heney, "and I will commence proceedings immediately."
in detail. I also informed Mr. Heney that I had full knowledge concerning between 75 and 80 claims, or quarter sections of 160 acres each, located in Coos and Douglas counties, Oregon, which were acquired by Smith in a similar manner to those referred to.
He was very much interested, and desirous of learning full particulars. I did not, of course, disclose to him my real object in bringing these cases to the light of day, which, as my readers may surmise, was for the purpose of forcing Kribs to show his hand in order to strengthen the case against Senator Mitchell.
I then furnished Mr. Heney with a complete list of names of the entrymen, together with full descriptions of the lands involved, after which he wired to the General Land Office at Washington for all final proof papers and other documents pertaining to the titles.
Upon their receipt at his office in Portland, the proof papers were immediately turned over to William J. Burns, of the Government Secret Service, with instructions to round up all the entrymen, or as many of them as could be found, and to subpoena them to appear before the Federal Grand Jury and give testimony. Burns at once dispatched his army of assistants to all parts of the State, wherever it was likely one or more of the entrymen could be found, the majority of them being unearthed at Sweet Home, a remote district of Linn County, Oregon, while a number were gathered in from around Roseburg.
As fast as they were served with subpoenaes, their future movements were carefully watched by Secret Service men from the very moment that service of subpoena was secured until their arrival in Portland, and up to the time for their appearance before Burns and making their affidavits. These precautionary measures developed the fact that some 25 or 30 of the entrymen, who had been subpoenaed from Sweet Home, had first consulted the two Mealey Brothers of that place previous to going to Portland, their object being, as it was discovered afterwards, to apprise the Mealeys of the situation and receive instructions, as it will be remembered that it was through the Mealey brothers that they had filed locations in the interest of Smith. ​The presumption was, when the Government officers became cognizant of what was going on, that the Mealeys advised the entrymen to report to Fred. Kribs in Portland before appearing before Heney and Burns, and these deductions proved to be correct.
It was also ascertained that the entrymen from Roseburg first called upon John Givens, of that place, who was acting there in a capacity similar to the Mealeys in Sweet Home—that of handy man for Kribs, who, in turn, was Smith's right hand bower in the matter of the fraudulent acquisition of timber lands.
When the Sweet Home and Roseburg contingents arrived in Portland, they immediately reported to Kribs at his residence, 24th and Irving streets, as was suspected they would do. each remaining in consultation with him from one to two hours. These visits usually took place some time during the evening, immediately preceding the day they were expected to appear before Heney, and in this way they were known to have gone there in groups of from one to six at a time, and in some instances as high as eight or more were entertained by Mr. Kribs simultaneously.
As rapidly as they appeared at Heney's office, they were turned over to the tender mercies of Detective Burns, who would proceed in a good-natured way to draw out of them what purported to be the facts connected with their location of the timber claims. This sympathetic feeling was all assumed by Burns, however, for the purpose of leading them into a trap, as he was perfectly aware from the very beginning that they were making false affidavits, and it will be shown subsequently how their own statements under oath were used as a leverage to force them to tell the truth.
Burns would proceed by asking them to state their name, age, residence and occupation; how they first came to file on the land; if it was through their own knowledge, or information they had gained from some other source, and if the latter was the case, by whom they had been located. He would then ask them if they had entered into any previous contract under which they were to sell the land to anybody after the issuance of final certificate; if their own money had been used in making payment, and if not, from whom the money w'as obtained, and if, in event of its being borrow^ed, they had in any wise incumbered the land; also, if they had taken the land up expressly for their own use and benefit, and for the use and benefit of no other person or persons whomsoever.
They were next asked if they still retained title to the land, and if not, to whom it had been disposed of, and for what consideration. Also if they had appeared before any Special Agent of the General Land Office after making final proof for the purpose of making affidavit regarding their entry, and if so, before whom they had appeared, and the nature of such affidavit.
These questions being asked, and the answers given, were each in turn taken down in shorthand by Irvin Rittenhouse, Mr. Heney's private secretary, and were later reduced to typewritten form. In the meantime, each affiant was directed to appear again later in the day for the purpose of subscribing to his affidavit, and being sworn.
Upon their return, Burns would hand each witness his statement, with instructions to carefully examine same, and note that every answer therein was true and correct, as it would become necessary for all to be sworn, as well as appear before the Grand Jury and answer these questions under oath.
Before permitting the entrymen to attach their signatures and be sworn, however, Burns would invariably read them the law relating to perjury, and the penalty for such crime as prescribed by the United States Statutes, at the same time cautioning them not to attach their signatures unless each statement was absolutely true. It is a fitting commentary that not one of them hesitated in the slightest degree to attach his signature to what he knew to be a tissue of falsehoods.
In the meantime, Mr. Heney was on the anxious seat for results, and it was plainly apparent that he was disappointed in the progress being made by Burns ​to break down the entrymen. While Burns had succeeded in obtaining a large number of affidavits, Heney was convinced that the evidence thus adduced was not of sufficient value to warrant its introduction before the Grand Jury, if there was any hope of securing indictments.
While these affidavits were being taken, I was in an adjoining room, and after a number of them had been collected, I perceived, in reading them over, that not a single person had told the truth. These entrymen, with many of whom I was personally acquainted, had no knowledge of my interest in the matter, little thinking that I was in the background and keeping in touch with all they had said, and everything that was being done. Had they realized the real situation, knowing as they did that I was familiar with every phase of the fraudulent character of their claims, including their contract to convey the lands to Fred Kribs tor the benefit of C. A. Smith, perhaps they would have hesitated somewhat before committing- such rank perjury.
While these examinations were taking place, and something like 35 or 40 of the entrymen had given their testimony and had signed the false affidavits, I happened into room 212, at the Portland Hotel, where Heney had his office, and was handed a certain statement by Mr. Rittenhouse which he had just completed writing, but which had not yet been signed. It had been made by Allie Houser, a young man from Roseburg.
Upon reading this statement, I informed Burns, who was present, that I desired to question Houser somewhat after he had attached his signature to the document and had been sworn thereto. Burns, in assenting to the proposition, remarked that Houser would probably be in to sign it about 5 o'clock that evening.
Promptly upon the hour young Houser appeared, and was handed his statement by Burns, with the usual injunction to peruse it carefully before signing, so as to make sure that it was strictly true and correct. I had not been introduced to him, so he had no idea as to my identity, and, as I occupied my time by pretending to read a newspaper, scarcely any attention was paid to me. After reading the document, the young man pronounced it all right, declaring that he found no changes to make, and was about to affix his signature when Burns addressed him in this fashion:
"Mr. Houser, you are a very young man, and before signing that statement, I feel that it becomes my duty to caution you still further. You must bear in mind that you are making a sworn statement, and one which, if found to be false in any particular, renders you liable to prosecution. I must insist, therefore, that you exercise extreme care, and make no statement therein that is not absolutely correct. Furthermore. I wish to state that you will be required to appear before the United States Grand Jury and give testimony to that body under oath as to the truth of every answer you have made to the questions in that document before you."
The young man put on a bold front, and expressed a willingness to sign the paper exactly as written, remarking that every word contained therein was true. He thereupon attached his signature, and he had no sooner done so than Burns turned to me, and without mentioning my name, said:
"Have you anything to say to this young man?"
"Anything to say?" I repeated; "well, I should say that I have!"
Then addressing Mr. Burns, I inquired for Mr. Heney, and upon being informed that he was in the next room, requested his presence. When Mr. Heney came in, I picked up the affidavit that Houser had just signed, and remarked:
"Mr. Heney, I have sat here and witnessed this young man sign his statement, which, as it stands now, is his sworn affidavit. I was present when Mr. Burns, before permitting him to affix his signature, cautioned him concerning the consequences if it was found that he had committed perjury, and I listened to his declaration to the effect that he had read the statement carefully, found no omissions or mistakes, and that it was absolutely true."
​"Have you any reason for believing otherwise, Mr. Puter?" inquired the Government prosecutor.
"To believe otherwise?" I echoed. "Why, I not only believe it, but I know as a positive fact, that every statement contained in that affidavit, outside of the portion relating" to the young man's name, address and occupation, is an absolute falsehood from beginning to end. Not one word of it is true. It appears to me, Mr. Heney," I continued, "that this young man does not properly understand the nature of an oath, else he never would have permitted himself to sign that document. It looks, indeed, that he is determined to break into the penitentiary, where he will very probably land, if he continues to insist upon the truth of this affidavit."
Mr. Heney, remarking that he would like to explain to the young man the penalty for making a false oath, picked up one of his law books, and read therefrom the statute relating to the crime of perjury, the extreme penalty for which was imprisonment for a term of five years. After Mr. Heney had concluded. I walked up to Houser, and looking him squarely in the eyes, said:
"Young man, I know the circumstances surrounding your connection with this claim—I know all about it, in fact, from A to Z, and I know, as I have just stated to Mr. Heney, that when you swore to it before Mr. Burns, you did so knowing- that it was false from beginning to end. Now, sir, that claim, to my certain knowledge, is known as the 'Josephine Jacobs Claim,' and was taken up originally by her through me something over three years ago. Miss Jacobs made final proof and sold the claim to Fred. A. Kribs. The entry was later suspended by the Commissioner of the General Land Office, for the reason that, upon examining the papers, it was discovered that she was under the age of 21 years when the final proof was made."
(Note:—It might be stated, incidentally, that at the time of making her final proof on this claim. Miss Jacobs was asked by the Register of the Roseburg Land Office if she was of age, and received an affirmative answer, she being under the impression that 18 years constituted lawful age. Under the laws governing the acquisition of Government lands, however, a person must be 21 years old at the date of entry. Special Agent Loomis—of 11-7 notoriety—had been sent to investigate the fraudulent character of the 33 entries embraced in the Township 14 South, Ranges 3 and 4 East, deal, heretofore referred to. and while securing- an affidavit from Miss Jacobs, had asked her to state her age, which she then declared was 20 years. The discrepancy was discovered in the General Land Office, and the entry was suspended accordingly, Miss Jacobs being allowed 60 days in which to show cause why her entry should not be cancelled.)
"You will perceive now," I continued, "that I know something about that claim of yours, and when I received information relative to its cancellation, I advised Mr. Kribs of the situation, and requested that he get someone else to file on the land immediately, whereupon he informed me that his locator, John Givens, had met you on the streets of Roseburg, and told you that if you would file on this particular tract, he would furnish you with the necessary funds with which to prove up, and give you a bonus of $100 for your right as soon as final proof was made. You acquiesced in this arrangement, and carried out your portion of the agreement to the letter. I know, also. Mr. Houser, that after your conversation with Givens you proceeded at once to the Land Office up stairs, where you filed an application for the land without ever having seen it, although you made oath that you had been over each legal subdivision thereof.
"On account of the interference of the Josephine Jacobs claim, which had not yet been cancelled, your application was rejected, whereupon I secured her relinquishment and forwarded it to Givens, who filed it in the Land Office simultaneously with your application, and the latter was then placed on file.
it was taken up for your own use and benefit, and that you had paid for it with your own money, knowing at the time that you had perjured yourself. Immediately after you had sworn to that pack of lies you went into the office of Frank E. Alley, adjoining, and there executed a deed to the land in favor of Frederick A. Kribs, without inserting- any date."
During the time I was relating to the young man, in the presence of Heney and Burns, the facts connected with his entry as I knew them to be, I could see that he was visibly affected, and especially so at the close of the recital, when his face assumed an ashen pallor, and his whole frame trembled like an aspen leaf. For a time he was unable to find voice, but finally managed to arise from his seat, and grasping Burns by the hands, with a look of utter despair, begged for mercy in the most piteous manner possible.
"This is the first time in my life that I have ever sworn to a lie," he said, with tears trickling down his cheeks; "and now, what am I to do? Oh, my poor wife, with her two-days'-old babe! She will hear of this, and I am disgraced forever!"
With that remark, Mr. Heney and myself, being of a common mind in not wishing to add to the humiliating spectacle, quietly withdrew to an adjoining room, leaving the young man alone with Burns.
Through the door we could overhear the famous detective giving Houser some fatherly advice, assuring him that all he wanted was the truth, but this he must have above all things. Feeling greatly encouraged by Burns" talk with him, the young man made a complete confession of his entire connection with the case, along the lines indicated in my harangue to him, and after signing and attesting his amended affidavit, took his departure with the air of one from whose soul the weight of a great sin had been lifted.
About this time the two Mealey brothers, who had located between 45 and 50 entrymen on timber claims in the interest of Kribs, paying them the insignificant sum of $50 each for their rights, put in an appearance, they having been subpoenaed previously to appear before the Federal Grand Jury and give their testimony.
These two men proved to be hard nuts to crack, as they refused to answer any questions that might involve them, or give Burns any satisfaction whatever in the matter of signing affidavits, stating that they preferred to give their evidence direct to the Grand Jury. ​As they had been trailed from the time of service of subpoena, it was ascertained that they were in frequent conference with Kribs, and would intercept every Government witness that had been summoned from the Sweet Home country as soon as he reached Portland, and coached as to the testimony to be given before Burns and the Grand Jury.
This they had continued to do from day to day, but as they were being "shadowed" constantly by Secret Service men. who had reported their every movement, no concern was felt on this account, as each day, because of their coarse work and anxiety to aid their master, only served to entangle them more hopelessly in the meshes of the law.
As the different entrymen appeared and made their affidavits before Burns, it was discovered that seven out of a party of eight who had taken up claims at the instigation of the Mealey brothers, had made false oaths, we having positive knowledge that they were stating falsehoods. A typical mountaineer named Andy Nicholls was the last of this bunch to show up, and Burns determined to break him down if possible, by employing the same tactics used in the case of Allie Houser.
"Now, Andy," said the celebrated sleuth, in his most patronizing tone of voice, at the same time slapping Nicholls familiarly upon the back, "I want you to be sure and tell the whole truth about this matter, because I understand you are a pretty honest fellow."
"Yaas," drawled Nicholls, with a pleased expression, "that's what my ole dad told me jest before I left Sweet Home. 'Now, Andy,' sez he, 'Andy, I want yer fer ter tell the truth when you git down yander, becoz it wud break yer poor ole mother's heart if yew said anything that hain't so,' an' hyer I am, an' if I hain't a goin' ter tell ye the truth an' nothin' but the truth, so help me Bob, yew kin shoot me fer a mangy coyote."
"That's good!" responded Burns, gleefully, at the same time striking the quaint mountaineer for a quid of tobacco, just to show that his heart was in the right place, and giving him a 14-karat nudge in the short ribs; "that's the right dope, old man! That's something like! And now, let's get busy, and unload this whole cargo of sin that has been playing hide-and-go-seek with your conscience so long!"
Well, Andy sat down, and with one of his long legs thrown carelessly around in dangerous proximity to a costly piece of statuary, and the other cocked up on Heney's favorite mahogany center table, between deluges of tobacco spit on Landlord Bowers' expensive rugs, proceeded to unlimber one of the choicest bits of romance that any of those present had ever heard. It was certainly a peach, and when Private Secretary Irvin Rittenhouse had finished transcribing it on the typewriter Burns seized the tongs and brought the statement in to me.
It was so uproariously funny that anybody but a blind man could see that the wily Government official did not take him seriously.
After Burns and I had laughed over its contents until there was danger of an apoplectic fit, and I had pointed out certain features of the statement that were notoriously false, Burns took it back to Andy, and laying it down tenderly in his lap, remarked:
"I always heard you were the greatest joker in Linn County, Andy, but I never thought you would try and play any of your pranks on your Uncle Samuel," and poking the uncouth son of the forest in the ribs for about the hundredth time. Burns continued: "I never saw the point of your joke until I got your statement in the next room and compared it with some of my records, and it is too funny for anything. Now, go on. Andy, and don't give us any more of your nonsense!"
"Yaas," replied Andy, still smiling and hitting imaginary bullseyes on the carpet, "I jess thought as how I'd kinder fool you uns right smart an' find out how much yew knew about them air doin's! 'aal, here goes now; no more monkey business this time fer sure!"
Taking him down the hallway, I lined him up against the wall and proceeded to read the riot act to him in great shape, with the result that when Nicholls returned, he was ready to cough up everything. His story, as embodied in the affidavit which he afterwards signed, was as follows:
"About the time those lands were being taken up for C. A. Smith, through his agent. Fred A. Kribs, of Portland, I learned that the Mealey brothers were paying $50 each for persons to take up claims, and as I thought that I couldn't make money any easier than that, I called on the Mealeys and asked them if I could get in on a claim, and if so, what would they pay me.
"Jud Mealey told me that he expected to take a party of fellows to Oregon City the next day to file on some timber claims, and if I wanted to go along I could do so; that he was paying the expenses of the trip and the filing fees, and at the time of making final proof, would furnish the money for that purpose also, and at the same time would pay me a bonus of $50 for a deed to the claim. I thought that would be all right, and concluded to join the party, and the next day we all went together to the Oregon City Land Office. Those in the party besides myself were Farmer Malone, Thomas Burgett, Henry R. Slavens, J. Gilliland, George W. Slavens and O. J. Mealey.
"At Oregon City we filed on the claims, the descriptions of the land being given us prior to our arrival there by Jud Mealey. When we got through there, we returned to Sweet Home, and about six weeks after that, the date set for making final proof, we all went down again to the Oregon City Land Office, and Mealey took the boys down under the big bridge and handed each of us $410 with which we were to pay for the land, and he told us how to answer the questions when we made the proof. We then went to the Land Office and proved up, paying over the money and receiving our final certificates, after which we proceeded across the street to a notary public's office, where we signed deeds transferring our claims. I don't know who we signed the land over to, but as Mealey had told us it was for Fred. Kribs, I suppose he got all the land.
"After this we returned to the bridge again, and after handing our deeds and final receipts over to Jud Mealey, he gave us $50 apiece, besides enough money to take us home on."
When Nicholls had concluded his narrative. Burns seemed much pleased as he believed this story to be true, and expressed the opinion that Andy would make a good witness for the Government, and in appreciation of his action in divulging the whole truth, Burns decided to appoint Nicholls as an assistant in the Secret Service Department, realizing that he would be a valuable man in helping to round up a number of the Sweet Home locators, who had eluded the officers in the first instance, and taken to the tall timber.
In this capacity Andy proved to be of exceptional value to the Government, as he had been born and reared in the Sweet Home country and was thoroughly familiar with every nook and corner; hence it was largely due to his efforts that the entire bunch was finally brought into camp.
The confessions of Allie Houser, of Roseburg, and Andy Nicholls, of Sweet Home, soon became known, which fact caused general consternation among those who had previously appeared and made false affidavits. On top of this came the news that I, too, had joined forces with the Government, and was lending my assistance to Burns in the matter of securing evidence, so those who had been used as "dummies" to make the timber entries decided that the jig was up, and it was only a question of time then as to how they could square ​selves. Especially was this the case with those whom I had personally located on claims in Township 14 South, Ranges 3 and 4 East, that were afterwards transferred to Kribs.
These men lost no time in coming to me, and I was frank to inform them of the stand I had taken, and that through me the Government agents had been made familiar with all the facts in connection with the entries, and the subsequent disposition of the claims.
They then asked me for advice as to the best way out of their predicament, and I recommended that they see Burns without delay and make amends by requesting the withdrawal of their former affidavits, with the understanding that they would substitute those which they would be willing to stand by, and which would contain all the facts as they knew them to be.
Some of the more conservative among them took a logical view of the situation, and were quite willing to abide by my recommendations, while the radical and more obstinate element was averse to taking any kind of advice, and seemed disposed to suffer the consequences by standing pat. When it was made plain to them, however, that all their movements had been watched ever since their coming to town, and that the Government detectives had trailed them to Kribs' house, where it had been learned through members of their own party that Kribs had induced them to commit perjury in dictating the answers they should give when they appeared before Burns, and which answers they knew to be false, and that their punishment under felony charges would follow, they began to wince, and 'ere long were willing, to the last man, to go before Burns and follow my suggestions.
The Sweet Home contingent, known as the "Mealey Gang," were also on edge, and skirmishing about for points of vantage, many of them still believing it possible to make good on their original affidavits. Kribs and the Mealey brothers, of course, were straining every nerve to buoy these men up and to hold their confidence, that they might maintain the stand taken.
There were those among them, however, who had talked and advised with their old pal Andy Nicholls, and through him had learned that the Secret Service men were prepared to establish a case against every one in the bunch who had made false affidavit. He had told them of the grilling that had been his portion from Burns up to the time he had made a change of base, and told the truth, after which he had been treated with every kindly consideration. Andy, of course, advised the others to follow his example, and throw themselves upon the mercy of the Government. It was their only salvation, he said, and in his opinion they must act promptly, else they would awaken to a realization of their mistake when it was too late, and they would be forced to take the consequences.
Andy was right, agreed these men. Yes, his head was level, and they must do as he suggested and act at once. But what of their old comrades who were laboring under the impression that to stand pat was their only hope, arid were allowing themselves to be carried away by Kribs and the Mealey boys? That was the question, and the thought made them shudder. They hated to entertain the idea of seeing their pals convicted and carried away to prison cells merely to appease the avariciousness of the agent of a millionaire lumberman and a couple of his boss locators. It would never do, and imbued by this determination, they hunted up their comrades, aid in as forcible terms as they were capable of employing, related to them the circumstances of Andy Nicholls having made a false affidavit, and of his subsequent withdrawal of the same, and the substitution of one containing the facts, in which he had informed the Federal authorities of every phase of the transaction in which they had all been implicated in fraudulently acquiring the claims for the benefit of Kribs. Then they gave notice of their intention to appear before Burns without delay, and invited the others to follow suit, as with this additional evidence at hand, there was no possible chance of escape for them if they held out any longer.
​This conference seemed to work like magic on the minds of those present. They dreaded the thought of turning informants and leaving the iNlealey boys in the lurch, and besides, they reasoned, it would work a frightful hardship on Fred Kribs, whom they had all promised to stand by only a few evenings before.
lllit of their own scalps they must be mindful; there were wives and little ones at home awaiting their return, and it became their duty, since an obligation of some sort rested upon them, to think and act only with a view of protecting their loved ones. Savage as they were, this instinct was uppermost in their minds.
They had all but decided, yet hesitated still, when one of their number whose knowledge of the poets was the marvel of his fellows, quoting from the immortal words of Shakespeare, said: "To thine own self be true; thou canst not then be false to any man." It was enough. To a man they had decided to act, and in this particular instance the little army of entrymen who forged their way to the office of the Government prosecutor required no leader. Their only thought was to get there quickly and shake the burden off their minds.
In this, however, they were doomed to meet with temporary disappointment, as they found, upon their arrival, that they had been preceded by a still greater throng, which had taken complete possession of the three rooms in the -Hotel Portland that were used by Mr. Heney as offices.
I happened to be there when they commenced to arrive, and was engaged in conversation with Air. Heney when the first knock for admission was heard. It was rather unexpected, as to time and numbers, as we had no hope of their coming in until later, and then only in straggling groups. Now, however, this avalanche of humanity had forced itself into headquarters, and it must be reckoned with in the calculations. It seemed to be a serious question of determining the rotation in which they came, but that matter was finally disposed of by the establishment of a long line, after the fashion of a postoffice row, which extended from the rooms clear down the hallways, and for days appeared not to have diminished, so much augmented were their numbers by fresh arrivals from time to time.
It was a different story that each of them told on this occasion; so vastly different, in fact, that the wonder was they were related by the same persons. Now it was the truth, where falsity had predominated, and step by step, coil after coil, the Government prosecutors unravelled each skein of the iniquitous deal that was to place its stamp upon C. A. Smith as one of the greatest criminals that ever went unwhipped of justice. In brief, the composite affidavits of these men developed the following situation:
The operations had been carried on under the personal direction of Kribs, who was acting for Smith, in two different land districts, embracing several counties, and geographically divided by many miles. Each group of locators was governed by one or more trusted lieutenants, John Givens, a professional timber cruiser, acting in that capacity around Roseburg, in Southern Oregon, while the two Mealey brothers performed a like service in the Sweet Home region, which included a large territory in the west-central portion of the State.
They were as the divisions of an army of invasion, and the looting of the public domain was their slogan of battle. In this way upwards of a hundred thousand acres of the choicest timber lands in the Northwest was acquired through process of fraudulent entry, the system contemplating the payment of a trifling sum above the Government price of $2.50 an acre to the entrymen for his right—$50 being the ruling rate, but in some instances as low as $15 was all that the poor, unsophisticated mountaineer, to whom a few dollars was as a fortune, received as a reward for his perjury.
As rapidly as these entrymen would conclude their affidavits, wherein they would detail all the facts in connection with the matter. Burns would turn them over to Francis J. Heney, who would have them go before the Grand Jury and relate their stories, but in no instance would the Government prosecutor accept their statements for presentation to the inquisitorial body until they had met the approval of Mr. Burns.
Finding that they had been deserted entirely, the two Mealey brothers who had already been on the carpet several times before Burns in an unavailing effort to extract the truth from them, finally yielded, and were ready to become good Indians. But they had stood out too long to suit Burns, and having exerted all the influence within their power to hinder the wheels of justice, the famous Government sleuth was in no mood to treat with them, and, although Burns wanted their testimony badly enough, he insisted upon a compliance with certain conditions before he would permit them to make affidavits at all. Even after they had expressed a willingness to make a complete confession of their part in the fraudulent transactions. Burns hesitated to take them into camp, until they had prostrated themselves on their marrow bones before him and begged for mercy for the sake of their wives and children, and pleading to be given an opportunity to reveal their entire relationship with Kribs. Their humiliating attitude was enough to soften a heart of stone, and it had the effect of causing Burns to relent, and take their affidavits, the substance of which the Mealeys reiterated before the Grand Jury at the proper time.
From the moment of Allie Houser's confession down to the period when the Mealeys surrendered, there w^ere anxious faces around Government headquarters, but now everything looked like plain sailing, and the despondent countenances of the week before had given way to a feeling of supreme exuberance. But the coast was not clear yet, by any means; the work was still in an unfinished state, because Fred. A. Kribs, agent for C. A. Smith, the king-pin of the lot, was yet outside the fold. The case needed the fine veneering of his co-operation to add polish to it all.
When the subject was under discussion at Government headquarters as to the most available method of corralling Kribs, I had occasion to meet him one day on the streets of Portland. And what a fall was there, my countrymen! Poor Kribs looked the picture of despair. From the joyous, hail-fellow-well-met of such a short time before, he had changed so that I was hardly able to recognize him, and I was almost on the point of passing him by as some waif of humanity who had seen better days.
"When, oh when, do I need you— And the friendship you pretend? When is a friend most needed— When is a friend, a friend?"
Poor fellow! He certainly presented the appearance of one in the most abject misery. I knew, of course, that he was in a tight box, and he, too, seemed to recognize this fact and appreciate the seriousness of his position. Thinking that to remain there much longer would only add torture to his soul, I remarked, as I was on the point of turning away:
"Fred, if I can do anything for you, let me know."
"Do for me?" was his anxious rejoinder; "that, Steve, is the question—what can be done?"
"Well," I replied, "my suggestion is that you tell me in advance just what you have done to date, and your plans for the future, and then, perhaps, I can be of some service to you."
"Up to the time the Mealey boys deserted me," he replied, "I did nothing, except, of course, to consult with them. Since they turned against me, I have talked with a number of my personal friends, all of whom had something different to offer, until I have reached the stage where I do not know whether I am afoot or horseback."
"That being the case," said I, "the only advice I can offer for the present is, that you lock yourself up—in your basement, if need be—but at all events, where you will be alone and away from your so-called friends. The truth is, Kribs, you have listened to them altogether too much already, and your frank admission that you don't know which way to turn is sufficient evidence of that fact. Get away from them, my boy, and stay away, and revolve this whole thing over in the privacy of your own mind, for you, and you alone, can and must prescribe the remedy. You can do this, Kribs; I know you can, and for your own sake you must do it!"
"But what is it I must do?" inquired Kribs.
"You must protect yourself!"
"But how?"
"By telling all you know."
"About myself?"
"Yes, Kribs, about yourself—and about others."
"What others?"
"The officials of the Roseburg Land Office, and Senator Mitchell—more particularly the latter. You know, Fred., that you absolutely ran the Register and Receiver of that office for over two years, and as for Senator Mitchell, to my certain knowledge, you paid him large sums of money, every dollar of which must be accounted for by you, if you hope for immunity."
"Impossible! Simply impossible for me to do it," said Kribs. "If I turn informant against these men who have stood by me, I might just as well commit suicide, so far as my business is concerned, as you know, I could never go back and face Smith, of Minneapolis, and other millionaire lumbermen of Minnesota and Wisconsin, for whom I have purchased lands, with such a record standing against me. No, Steve, I cannot do what you suggest; it would mean my ruin—my complete ruin. My friends would leave me—my business would follow in the wake."
"If you look at it that way," I replied, "all well and good; but be mindful of yourself—I give you fair warning; be mindful of yourself; It has come to a pass, you know, wherein self-preservation becomes your first duty.
"These men, who appeared before Burns, swore falsely as a unit, until Houser and Nicholls confessed everything, when they all flocked back to Government headquarters and begged for mercy. They repudiated their first statements, and asked for permission to make new affidavits. This was granted, and ​in their amended affidavits they not only told all they knew about the land frauds but also implicated you in the efforts to induce them to perjure themselves.
"Even the Mealey boys, who worked for you for years, came right in and stated under oath that they had cautioned the entrymen not to see the Government representatives until they had first consulted you, and they related all the facts with respect to their visits to your office and residence, where all hands were being coached as to their testimony.
"It is really a very serious matter, Kribs, for these men are now giving their evidence to the Grand Jury, and it will surely result in an indictment being returned against you, and heaven only knows how many counts they may be able to find—probably over one hundred, and conviction being certain, your years in prison may be measured with those of your natural existence.
"Just think of that, Fred., and ask yourself the question: What will your millionaire friends do for you then? What will Mitchell do? You, as a convicted criminal, will not be worthy of their consideration. Besides, Mitchell, with one-half, or more, of the State of Oregon back of him, together with his influential political friends elsewhere, is plenty able to take care of himself.
"One thing is certain; he will have no thought for you in your trouble. He had none for me, nor did anyone else. What better, might I ask, are you than I? Just wait until you are convicted, Kribs, and the same old cell will answer fcr us both! You may yet have time to save yourself—take advantage of it while you can '"
Kribs hesitated to reply. I questioned, indeed, that he could speak. His reputation was at stake, as was also those of his friends—and his beloved lands; what of them? They, too, might be lost to him. In this position he reminded me of a Polar bear I once heard about that was floating around in an Arctic sea on the back of a dead walrus. If he ate the walrus he would drown, and if he didn't he would starve to death.
His vast, ill-gotten domain, though, concentrated his thoughts to the exclusion of everything else. Of this he was evidently thinking, for when he addressed me again, it was to ask if there was any likelihood of the Government cancelling his claims.
"Claims, be d—d!" I retorted. "Forget it! I have tried to impress upon your mind the necessity of your first thought being of yourself. What for one claim, or a thousand, as against your freedom? As to the claims, the case at issue has nothing whatever to do with such trifles. I have no doubt, however, that Mr. Heney will ask the Government to cancel the patents to every one of those bogus entries, but that is a subject for future consideration, and when the proper time, comes, you will be afforded ample opportunity for defending the title of C. A. Smith to them. If you desire to speak personally to Mr. Heney about them, I will endeavor to arrange a meeting, but first of all, I would advise you to square yourself in the matter now pending."
"Do you think, Steve," he replied, "that I had better see Mr. Heney myself, or would it be best for you to speak to him first for me?"
"Go to him direct, I would suggest, but if you wish, I will do so first and pave the way. You know I stand ready to do anything in my power for you," I assured Kribs.
"Very well, then—you see him first. Find out, as near as you can, just how matters stand. Then let me know, and I will call upon him personally," was Kribs' parting suggestion.
Calling upon Mr. Heney at his room in the hotel, I informed him of my conversation with Kribs; how I had met him on the street, and his disposition when I first talked with him relative to turning informant, together with my advice as to what he should do, and finally, how Kribs had asked me to sound Heney with a view of reaching some amicable arrangement whereby Kribs might be permitted to come to headquarters and have a personal talk in regard to his case.
"Mr. Heney," I answered, "I have something which I desire to tell you at this time which I have held back, for the simple reason that I did not know, when I first resolved to attempt this plan, whether or not I would be successful. I believe now, however, that with your co-operation, I will be enabled to perfect these plans to our mutual benefit, and by so doing, you will be placed in a position wherein no possible doubt can exist as to the conviction of Senator Mitchell, and at the same time, I shall have vindicated myself in the minds of the public, in that every statement previously made and sworn to by me before the United States Grand Jury will be corroborated, and the truth of which I have every reason to believe, has heretofore been questioned."
"Do you believe, then, that you will be able to substantiate your testimony through Kribs?" asked Mr. Heney.
"Not exactly my testimony—I had no idea of substantiating that, but I did think that if Kribs can be induced to divulge all he knows, it will be productive of additional weight, and insure the conviction of Mitchell."
"Do you know that Kribs is in possession of evidence sufficient to convict?"
"There is no question of that in my mind."
"How long have you believed this?"
"I had never given the subject any thought until my friends, after Senator Mitchell delivered his noted speech in the United States Senate denouncing me, and the Oregon State Legislature had passed resolutions indorsing Mitchell, asked me if I had not made a mistake. It was claimed, as you know, that my testimony resulted in the indictment of Senator Mitchell, and many there were who were under the impression I had deliberately and wilfully lied about the man, with the result that even my personal acquaintances passed me up with contemptuous glances. I was made to look like thirty cents, and was determined to prove, however difficult the task, that I knew what I was talking about, and that I had not misrepresented the facts."
"But how did you come to connect Kribs with this matter?"
"Well, Kribs, as you know, has acted as agent for C. A. Smith, of Minneapolis, Minn. He pays everything by check, and I know this. I also am aware that Senator Mitchell is, and has been for some years past, on Mr. Kribs' payroll. Kribs is very methodical in his business transactions, and being so, undoubtedly still retains his old cancelled checks and also the stubs of his check books. I thought, therefore, to put Mr. Kribs in a hole, and force him to give up what he knew about Senator Mitchell, through promise of immunity from prosecution. It is now up to you, Mr. Heney, and I am here to plead in his behalf, provided I can induce him to inform on Senator Mitchell, thereby making of himself a good witness for the Government, and at the same time, square me in the eyes of the public."
"Are you sure that Kribs will tell all he knows?"
"That I am not in a position to guarantee, but I believe, because of the corner in which he has been placed through the testimony of the witnesses who appeared recently before Mr. Burns, that he can be brought to seeing the error of his adopting any other course."
"You may bring Mr. Kribs up and introduce him to Mr. Burns," said the Government prosecutor, and the interview was brought to a close.
I went direct from Mr. Heney 's office to that of Kribs, and informed him that I had talked with Mr. Heney and believed that everything looked favorable, provided, of course, that he would decide to tell everything he knew, and further, that he would be required to substantiate his every material statement through the production of documentary evidence.
When I called upon Mr. Kribs, I found him busily engaged at his desk, and when I enumerated the conditions, he became engrossed in deep study for the moment, and seemed to appreciate the fact that he had no other recourse ​than to accept the terms, however hard, but held back to the last when it came to discussing the documentary evidence proposition. In fact, he had no inclination to talk on that subject at all, consequently I did not insist, believing that Mr. Burns would reach that part of it in his own good way and at the proper time, so I suggested to Mr. Kribs that we go up to Mr. Heney's office, and this he consented to do.
Arriving there, I introduced Kribs to Burns, who took him in hand, and succeeded in forcing an admission from him that the claims in Township 14 South, Ranges 3 and 4 East, Linn County, Oregon, besides certain claims in Douglas county, had been taken up for the benefit of C. A. Smith, of Minneapolis. Minn., through the Mealey brothers, of Sweet Home, John Givens and others of R.oseburg, and S. A. D. Puter, who had located the entrymen on the lands.
At this juncture Kribs undertook to argue with Burns that everything was regular, and he could not understand wherein there were sufficient grounds to warrant an investigation of the claims in question.
Kribs admitted further that he was on very friendly terms with J. T. Bridges and James Henry Booth. the Register and Receiver, respectively, of the Roseburg Land Office; also, that the law firm of Mitchell & Tanner, of Portland, had represented him before the Land Department at Washington in the matter of expediting patents. Burns, realizing fully that enough had been extracted from Kribs as a starter, under pretext of having a very pressing engagement, asked to be excused, and upon showing Kribs the door, invited him to call again.
After the departure of Kribs, I sought Burns' presence, and was informed of what had transpired. He was of the opinion that it would not be policy to press Kribs too hard, as he seemed to be a gentleman who was very much attached to his friends, and would undoubtedly go to any limit in protecting them, especially where C. A. Smith was concerned, as well as Senator Mitchell, for both of whom he appeared to entertain the highest regard. In concluding our interview. Burns suggested that I call at Kribs' office again upon a missionary errand.
When I did so, Kribs expressed himself as very glad to see me, as he was greatly in need of advice, and believed that I could put him on the right track. He told me, of course, all about his conversation with Burns, and how the latter had pressed him for information concerning the Smith deals.
"Now, you know, Steve," continued Kribs, "that I cannot give up on Smith, so how am I to protect him? Burns insists that I must make out a written statement of the facts and present it to him at the earliest possible moment, which I promised to do, but I must, in some way, get around the Smith transactions."
When I saw that Kribs was determined to shield Smith, the thought occurred to me that my opportunity had arrived for squaring up an old account, so I replied:
"Now, look here, Kribs; so far as you are concerned, it appears as if you must tell everything in order to be on the safe side yourself, but I will agree with you, that, in the event of your testifying to everything you know relative to the cases at issue, and which are now under consideration by the Secret Service Department and being investigated by Mr. Heney, to use whatever influence I possess in behalf of both Smith and yourself, to the end that you be absolved from criminal prosecution, provided, however, that in return you exercise your powers upon Smith and induce him to settle with me. You know very well, Fred, that Smith has treated me shamefully, and has steadfastly refused to return me the $10,467.45 which I advanced to secure those Humboldt county lands for him, to say nothing about his holding back between $17,000 and $18,000. due me as commissions in that same transaction. The commissions, of course, I do not care so much about, but when it came to my own money, and more than $10,000 at that, he had no right to try and beat me out of it, and it will be necessary, if he ever expects any favors from me. for him to refund every cent of that amount before I shall turn a hand for him.
​"If you think Smith is entitled to immunity from prosecution, I am quite willing that he should have it, but this old score must be adjusted first, and the sooner Smith comes to recognize this fact, the better it will be for him. There will be no time for letter writing about it, either—it must be done by wire; so, before we go any further, it might be just as well to put on your thinking cap and act upon the basis indicated."
"But, Steve," protested Kribs, "didn't you have some sort of a lawsuit over that money?"
"Yes, I got service on him in San Francisco, late at night, at the St. Francis hotel, where he was stopping under an assumed name in order to avoid such a contingency; but that has been something like five or six months ago, and as he is surrounded by a regular army of paid attorneys constantly, there is no telling when my case against him will come to trial. Smith's lawyers will probably keep putting it off from time to time, and heaven only knows when I shall get my money, if at all. I have an opportunity now to do him a favor, but as I said before, he must come through first."
"What assurance have I that you will be able to get Smith off?" asked Kribs.
"My word," I replied, "and if you don't want to take that, just let the matter drift and watch the result. I will surely land Smith if he persists in his present course. If, however, you care to present my claim to him, and he responds by wiring the money to me immediately, I will agree that no indictment will be brought against him."
"Steve," responded Kribs, "I believe you mean this, and just to show that I want to do what is right, I will address Smith today and forward the letter by first mail, which will bring it into Minneapolis within three days. I will furnish him with full particulars, and inform him that a telegraphic reply must be received within four days at the very outside. Grant me that much time, and if it be possible to get that matter settled, I will surely do my best. Will that be satisfactory?"
"Agreed," said I, "but remember, just four days, at the very utmost."
After this arrangement, it devolved upon me to keep Kribs away from Messrs. Heney and Burns until such time as I was enabled to get a settlement out of Smith, and to do this I was obliged to exercise considerable diplomacy.
I was not worrying about my ability to fulfill my agreement with Kribs, as Smith had committed no crime for which he could be brought to account at this particular juncture. The fact was, the statute of limitations had run against his offense, consequently he could not be indicted for conspiracy to defraud the Government, and so far as committing perjury or being guilty of subornation of perjury was concerned, there was no evidence connecting him with either.
Kribs, of course, could be indicted for subornation of perjury, but Smith was outside the pale of the law in that respect, consequently, in promising Kribs that I would use my best endeavors in behalf of Smith, and going so far as promising him immunity from prosecution, I merely did that which any child on the streets of Portland could have done with perfect impunity. In other words, I hoodwinked Kribs to the extent of presenting him with a "Barmecidal feast," where all the guests sat down to imaginary dishes. Kribs either did not know this, or else was familiar with some of Smith's more recent acts of a crooked character of which neither the Government nor myself had any knowledge.
It is obvious, therefore, why I did not wish Kribs to come in contact with Mr. Burns. It was policy to keep them apart until such time as I had a reply from Smith. Upon my return to Burns' office, I was asked as to the result of my conference with Kribs. so I told Mr. Burns, having in mind the object just stated, that Kribs was sure to tell everything, but it would never do to force him too strongly.
"Just give him time," I said, "and he will cough up everything he knows."
Happily, Mr. Burns coincided with my ideas, so I felt secure in my position, for the time being, at least.
On the following morning, being impressed with the feeling that Kribs might come around to Burns' office with his "statement of facts," I resolved to remain in close touch with the latter's room, so as to prevent, if possible, any lengthy interview between them ; so immediately after breakfast I made it a point to proceed to Burns' office, where I went into camp in the most approved style.
Sure enough, the redoubtable Fred was "Johnny on the spot" soon after I got there, and it was killing to observe him sneak up into the room in abject fear of being seen by somebody. He presented a typewritten statement to Burns, alleged to cover his connection with the various transactions, but fortunately, I managed to sidetrack any extended conversation between the two.
​After Kribs had taken his departure, and Mr. Burns and myself had canvassed the statement, I could see that the latter was palpably disappointed with its contents, and felt disposed to summon Kribs before him again forthwith, but I reasoned him out of this idea, and said it would be much better for me to have a private talk with him before attempting to call him to account for some of his errors and omissions. Burns finally conceded the point, so I called upon Kribs again at his office, where I told him that his statement had found a resting place in Burns' waste basket; that Burns would not think for a moment of accepting an.v such statement from him. and that, if he could not make up his mind to tell all he knew, he might as well be prepared to take the consequences.
"I don't know what more Mr. Burns could expect me to say," responded Kribs in sorrowful tones. "I made a clean breast of having secured those lands for C. A. Smith, and also stated that I was on very friendly terms with the officials of the Roseburg Land Office, who had extended special privileges to me; also, that I had employed the law firm of Mitchell & Tanner in the matter of expediting patents, even going so far as to admit having instructed those entrymen as to what answers they should make when they came here to testify before the Federal Grand Jury. Now, I think Mr. Burns ought to be satisfied with that."
"Well, Kribs," I answered, "he is not satisfied, nor will he be until you tell the whole truth. It is all very well for you to state that you have been on friendly terms with the officials of the Roseburg Land Office and that they extended special privileges to you, but what about the consideration? Why didn't you tell what you paid for these special privileges and to whom it was paid? Why, too, didn't you state exactly for what purpose you paid that money to Mitchell & Tanner? In other words, why didn't you admit having made all arrangements with Senator Mitchell personally, and that, when you turned over the several amounts to Mitchell & Tanner, as a matter of fact, that each and every payment was to go to the Senator personally, and not to be credited to his firm?
"You know, Kribs, that you had a private understanding with Senator Mitchell, and that you agreed to pay him a certain amount for every patent that he pulled out for.you. You know, as I do, that the Senator accepted every dollar of that money in the nature of a bribe. Why didn't you say so, and why didn't you state the amounts and when they were paid? These are questions that must be answered, and just as sure as your name is Fred A. Kribs, just so sure will Mr. Burns insist upon your giving him this information, and when he asked you to state the plain, unvarnished facts, he expected you to do so, and I am here to tell you that nothing short of that will be accepted."
"So he threw my statement in the waste basket, did he?"
"That's exactly what became of it."
"Shall I try it again?"
"That's about the only thing you can do, but it's no use if you try and keep anything back next time."
"I will think it over tonight, and try and concentrate my mind on the subject, and do my utmost to prepare one that will prove satisfactory."
"All right, do so; and bring it to Mr. Burns' office, and I will arrange to be on hand and do what I can for you."
Kribs appeared bright and early the morning following, and addressing Mr. Burns, said: "Mr. Puter informs me that you were not entirely satisfied with my statement of yesterday, so I have prepared a new one, which I trust will meet with your approval."
"No," declared Mr. Burns, "I was not at all satisfied with your other statement, as I found that it did not contain anything like as much as you promised to divulge, nor did it present the facts as I know you are in a position to give them to me."
"This statement covers all the ground," responded Kribs meekly, and handing it to the Government sleuth, continued, "I have dealt with all the salient features."
​"Just take a seat until I can examine it," commanded Burns. "I only hope it is as you say, and that you have covered the ground in every particular."
He then looked the statement over, folded it carefully when he was through, and gazing directly at Kribs, said:
"So you have dealt with all the salient features, have you?"
"Yes," replied Kribs, "I believe that I have."
"Well, then, in order that you and I may have no further misunderstanding as to what is expected of you, I believe, Mr. Kribs, that it would be best for us to talk matters over. This statement, I will admit, is more conclusive than the one handed me by you yesterday, but not sufficiently so, by any means."
Opening the statement again, Mr. Burns continued:
"You have said here that you were on friendly terms with the officials of the Roseburg Land Office, and that you paid them money, but you have failed to mention to whom, or in what amounts. You also confess having employed the firm of Mitchell & Tanner to expedite the issuance of your patents, and that you paid them for such service, but here again you fall short, in that you fail to state with whom the arrangement was first made, and have also neglected to mention the amounts agreed upon. Your statement with regard to the Smith deal is also too general. You must be specific, Mr. Kribs, and give full details with regard to every transaction, else I shall be obliged to bring these negotiations to a close without further consideration.
"When Mr. Puter spoke to Mr. Heney about you, he insisted that you would make a valuable witness for the Government, because of the fact that you had done business—along certain lines—with the officials of the Roseburg Land Office, and had also done business—along the same lines—with Senator Mitchell. We want this information in its entirety, and we shall expect you to give it exactly as you know it to be. You have admitted, in substance, that you maintained relations with these people, and have also virtually acknowledged that the nature of this business was of a shady character. It now remains for you to give the entire facts, and until such time, I shall have nothing further to say to you on the subject."
This conversation having occurred on Saturday, Mr. Kribs said that it would be impossible for him to prepare another statement for presentation that afternoon, but that he would have one ready on the following Monday morning, which arrangement, Mr. Burns told him, would be satisfacory to him.
On meeting Kribs that Saturday afternoon, he said that it looked like he was in for it; that Burns was as sharp as a steel trap, and, unless he was very much mistaken, was "wise" to everything, and would not be put off with anything short of a full and complete statement of facts.
"So I might just as well make up my mind," continued Kribs, "to tell everything I know."
"That's right," I responded, "you stick to that determination, Kribs, and when you have prepared your statement, I will call personally and look it over before you present it to Mr. Burns."
"When will you call?" he inquired.
"When will you have it ready?" I replied.
"Probably by tomorrow (Sunday) night; but suppose that you call on Monday morning at my office."
I agreed to do so, and left Kribs, in the firm belief that he had finally decided to come through with the much desired information, as he appeared to be very sincere, and I was happy in the thought that, if he presented a statement such as he promised, we could then force him to produce the documentary evidence to substantiate his story.
No sooner had I reached Kribs' office on Monday morning, than he opened up by informing me that he was in receipt of a dispatch from C. A. Smith, to the effect that he was willing to pay me the amount of money I had advanced to secure the Humboldt County lands for him, concerning which I had commenced ​suit to recover, provided, however, that I was to withdraw the action immediately. he, in turn, agreeing to dismiss a counter suit that he had filed against me. It was further understood that Smith was not to be indicted if I could prevent it.
In regard to the withdrawal of my suit, I agreed to do as suggested, but as to the indictment of Smith, I could guarantee nothing, further than to give my word that no indictment would be returned, and this, I insisted he must accept for what it was worth.
"I will take your word for it," replied Kribs; "and to prove to you that I have confidence in your ability to take care of the matter, I shall wire Smith immediately to forward the money by telegraph."
After Kribs had sent the wire to Smith, which he prepared in my presence, he took up the matter of his new statement, and after reading it over, I informed him that it appeared to be satisfactory, and that I believed it would meet with Mr. Burns' approval. I then suggested that we go up and see Burns, which Kribs assented to.
After reading Kribs' new satement, Mr. Burns seemed to be well pleased, and remarked:
"This is something' like it."
He then asked Kribs if the $800 mentioned as having been paid by him to James Henry Booth, Receiver of the Roseburg Land Office. was by check or cash, to which Kribs responded that it was in the form of a check.
"All my settlements, in fact," continued Kribs, "have been made by check."
"You find, then, Mr. Kribs, that the check system is a good one, and that it is the correct way of transacting business?" queried Burns.
"Indeed, I do," replied Kribs, "as in that way I am enabled to keep a more complete record of all my business dealings."
"I presume then, that you paid Mitchell & Tanner by check also," said Mr. Burns.
"Yes, sir; I did."
"Well, now," added Burns, "I will say about your statement, that I find it entirely satisfactory with but one exception, and that is, with regard to your agreement with Mitchell & Tanner. You have failed to state, in referring to that firm, with whom your agreement was made—was it with Senator Mitchell, or Judge Tanner?"
"It was with the Senator."
"Was Judge Tanner present at the time?" asked Mr. Burns.
"He was not—that is to say, Judge Tanner wasn't present when I talked with wSenator Mitchell in his private office at the time of my coming to an understanding with him in regard to his receiving $25 from me for each patent expedited."
"Mr. Kribs, was it your understanding that the Senator was to receive the money personally, or did you presume that this money was to go to the firm of Mitchell & Tanner?" persisted Burns.
"The payments were made to the firm of Mitchell & Tanner, but I, of course, presumed that Senator Mitchell alone was benefitted thereby, as he instructed me, when I asked him how I should remit, to make my checks payable to his firm—'for convenience sake,' as he put it."
"Did you meet Judge Tanner at all?"
"Yes, sir; I was introduced to him by the Senator when we came out of the latter's private office, at which time Senator Mitchell remarked, in addressing his partner, that he had made an arrangement with me whereby he (Mitchell) was to expedite the issuance of all my patents, and whenever I brought any land matters to him (Tanner), that he should forward the same to the Senator at Washington. The Senator further informed his partner that I would hand the latter the amounts agreed upon in each case."
"I will now request that you insert this additional testimony in your statement," said Burns, "after which I shall accept it as altogether satisfactory."
Mr. Kribs and myself then left together, going direct to his office, where we met my brother, L. F. Puter, who had acted as one of my attorneys throughout the 11-7 trial, as well as my legal representative in my suit against C. A. Smith.
While engaged in discussing the telegrams that had passed between Smith and Kribs that morning, the latter received notice from the Merchants National Bank to the effect that they were in receipt of the sum of $10,467.45, and that they had instructions to turn this amount over to S'. A. D. Puter. upon Kribs' indorsement.
My brother thereupon took up the matter with Kribs, and between them they arranged for the withdrawal of my suit against Smith, which was consummated by wire with his attorneys in Minneapolis to their entire satisfaction. At the same time, Smith's lawyers dismissed his counter suit against me.
My brother then accompanied Kribs to the Merchants National Bank, where the money was turned over.
A few days later, Mr. Kribs appeared before the United States Grand Jury and gave testimony which resulted in the indictment of Senator John H. Mitchell and James Henry Booth, the latter being Receiver of the Roseburg Land Office.
It might be added that it was on this charge, known as the "Kribs Indictment," that Senator Mitchell was tried and convicted, and not on what is commonly called the "Puter Indictment," as Mr. Heney considered the evidence presented by Mr. Kribs, corroborated as it was by the introduction of documentary evidence in the form of cancelled vouchers, to be much more conclusive than that given by myself, and upon which the first indictment against the Senator was returned.
Receiver Booth, of the Roseburg Land Office,—who, with Register J. T. Bridges, was dismissed from service on account of his connection with Kribs—has not yet been tried for the part he played in the game, and Register Bridges has never been indicted, for the reason that he became a Government witness.
The notorious C. A. Smith, who was responsible for all this trouble, has never been indicted, because the devil takes care of his own, and he was lucky enough to be saved by the statute of limitations, three years having elapsed, so far as any evidence adduced would show, since he had been connected with the fraudulent transactions.
Fred A. Kribs was not indicted either, having been granted an immunity bath on account of his valuable services as a witness for the Government.