Daily capital journal. (Salem, Oregon) 1903-1919, 1904-12-15

H. mAlOhSh hdNO duNSibaSOu bho idS
far and wide that he refused to return
to Portland as a witness in the lant
fraud cases against Mckinley, Putel
and others.
1t has even been limited that his rea
sons were for the protection of friends
who might be implicated in the so-called
conspiracy, and for the purpose of plac
ing the facts before the public in an
unbiased manner, Senator Mitchell has
issued the following statement, em.
bodying the reasons for his refusal and
the correspondence passing between
him and Mr.. Heney, special prosecutor
for the government. The statement was
first published in the Washington Star
and we reprint it in full, so that the
constituents of the senior senator may
learn the exact facts in regard to the
case. The Star says:
Senator Mitchell's attention having
been called yesterday to press dis
patches from Portland, Ore, published
in the papers here, giving in part only,
as he states, the telegraphic cores
pondence between him and Hon. Fran
els J. Heney, special assistant to the
attorney-general, in regard to a request
OF Heney that Senator Mitchell go to
Oregon as a witness in the land fraud
cases, made the following statement:
"I was for four months prior to my
leaving for Washington, on the 15th
of November, continuously in Oregon,
and all of the time, with the excep-
tion of few days, in the city of Port
land; and, furthermore, it was known
to Hon. John II. Hall, United States
district attorney, for more than week
before | left Portland, that | intended
to leave for Washington at the time I
did leave. Therefore, if my testimony
was regarded as important in the land
fraud cases there was ample opportuni-
ty to secure my attendance by subpe-
ma; or, even had it been suggested to
me, without a subpoena, that my testi
mouy in the cases was desired / GER
tainly should have postponed my start
ing East and would have gladly gone
on the witness stand and given any
testimony within my knowledge bear
ing on the case.
"I arrived in Washington late in the
evening of November %, and prior to
that time 1 had not the slightest inti-
nation from any source whatever that
my testimony was deemed important or
that my presence as witness was de-
sired by the government, or any one
else.
"On November 25, the second day
after my arrival here, however, Ire
,eived telegram from Hon. Francis
J. Heney, special assistant to the attor-
ney general, dated the evening of No
vember "a, being night message of
that date, of which the following is a
copy;
Telegram From Special Attorney.
"Portland, Ore, Nov. "a, 1904.
Hon, John II. Mitchell, United States
Senator, Washington, d. c.:
"Was surprised on my arrival here
10 take up the prosecution of Puter,
Watson land fraud cases, to find you
were not subpenaed, and Immediately
made inquiry for purpose of intercept
ing you, and was informed you would
reach st. Paul Sunday morning, and
wired United States marshal there to
deliver message to you on Sunday Is
train. He wired that he failed TO
ind you. 1t is vitally important for
prosecution to prove by you that Puter
and Watson delivered to you their eer-
tain affidavits, which you sent to Com /
missioner Hermann with your letter
lated March 3, 1902, urging him to
make special the 10 cases of homestead |
entries referred 10 in the abstract at
.aehed TO said affidavit of Watson, and
irging consideration thereof without
lelay, Without your testimony the
governments 5 ease may fail and these
guilty raseals go unwhipped of justice,
md |, therefare, respectfully urge you
o treat this telegram as a subpoena and
o return Immediately to Portland as
. witness for the United States. The
'ase win not be concluded before the
md of next week. Please wire me when
Tou viii start, and oblige.
"FRANCIS j. HENEY,
Special Assistane 10 Atterney-G General !
"To this l replied ON the same date
" telegram Of which the following |
; full copy;
Ample Time to Have Called Him.
Washington, d, c., Nov. s5, 1904.
Hon. Francis J. Heney, Special AS
sistant to the AttOrney-General, care
Hon. John II. Han, United States