The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-28
Heney is obdurate.

The difference Of opinion between Sen
ator Mitchell and Mr. Heney seems 10
have taken a different turn, and an
agreement is no nearer reached than il
was in the first place. On Dec. is SEN
ator Mitchell teegraphed Mr.. Heney.
stating that he demanded that all
charges against him be fully investi-
gated. and turtle demanded in so many
words to be allowed TO appear before the
jury with his testimony. The telegram
was as follows:
Washington. Dec. 1S-Francis J. Honey
assistant United States attorney general:
I viii be in Portland Saturday morning
next, and I demand a full Investigation
by a grand jury of any and all charges
II any, against me. / also demand the
right TO testify concerning the same be-
fore the grand jury.
At the time the telegram was received
It was stated that Mr. Mitchell would be
accorded no greater privileges than would
be accorded to any citizen similarly
situated. and this seems 10 be tire point
on which Senator Mitchell and Mr. Heney
disagreed.
Before sending his letter to the jury,
Senator Mitchell wrote TO Mr. Heney ap-
prising him of the fact that he would
write 10 the jury. This letter, wnicn was
received Monday evening by Mr.. tieney,
was as follows:
Portland. Dec. a. 1904.
s'Hon. Francis J. Heney, Assistant United
States District Attorney, Portland. Ore; :
Dear Sir-I will this evening. or to-
morrow morning, send TO w. H. II. Wade,
foreman or federal grand jury now in
session in this city, letter Of which in
closed is a duplicate / trust YOU will
aCn7e that I shall be accorded the priv
flee / ask i am ready and earnestly
desire TO go before the grand jury as
soon as you have produced before the
jury all the evidence you have on part OF
the government. but not until then Re
specially. JOHN Ii. MITCHELL
Tried the Foreman.
Today Mr. Mitchell appeared at the
grand jury rooms and asked for w. II. H.
Wade, the foreman. WheH Mr.. Wade re-
sponded to his knock the senator handed
him the following letter:
''Portlsnd, Ore. Dec. %.
''W. II. II. Wade. Esquire, Foreman Of
the Federal Grand Jury, Portland:
Dear Sir-Street rumOr in this city
for the past ten days, and press dis
patches from this city to all parts of the
Cnited States are to the effect that l aHr
being charged with completely with others
IN certain oregon land frauds, and that
the jury, Of which you are the foreman.
is investigating such charges. / have
heretofore requested Of the prosecuting
officers. Hon. Francis J. Heney, assist
ant United States district attorney. and
Hon. John H. Hall United States dis
trict attorney. the privilege Of gong be-
fore your body for the purpose of an
swering under oath any charges that
may have been lodged with your body
against me, which in anyWiSe impiicate
me in any such frauds.
Il therefore respectfully ask you, and
through you, your associates composing
the federal grand jury now In session in
this city, the privilege of going before YOU
for the purpose Of answering, under
oath, any and all sucn charges that may
have been made. just as soon as the
government has concluded the taking OF
such testimony as it desires to bring be-
fore you in support Of any charges against
me
IF therefore. you will kindly advise
me when ali such testimony has been
submitted on. the part of the government
] Will then be ready TO go before YOU in
answer TO any such charges ds may be
made and / respectfully ask that on my
appearance before you at the close Of the
governments case as above suggested,
then be advised fully as 10 the precise
charges If any made against me, and Of
the nature of the evidence submit ted by
the government in support thereof. And
also should be glad, If not deemed inn
proper by your advisors, that the names
OF the witnesses making the same be
submitted to me at the time.
sincerely trusting l Will be accorded
this privilege, I am very respectfully,
JOHN II. MITCHELL