Daily capital journal. (Salem, Oregon) 1903-1919, 1904-12-15
REASONS WHY
Continued from page two.)

but L did not and do not now feel JUS
tilted in voluntarily mixing up with the
land fraud business the name of
prominent citizen who, so far as / am
advised, has never been indicted, and
whose name has never in any wise been
mixed up in connection with the al
legged land frauds.
"The government evidently knew
for months past that had transmitted
to Commissioner Hermann the afiidavits
OF Puter and Watson, which Puter had
given me in this city about the Sd Of
March, 1902. 1t was, therefore, known
whether or not my testimony in the
case was material or important, and,
as ample opportunity had been given
for my subpoena, by my being in Ore
gon for several months, and as 1 had
not been subpenaeA or even told that
my testimony was deemed material or
important, or that my presence was de-
sired in court as witness, and as /
had Just arrived here in connection with
my public duties as senator, l did not
feel under any obligations whatever to
return to Portland at the mere request
of the prosecuting attorney, nor did
feel justified in mixing up the name Of
any one in connection with the alleged
nos do I onx.v ,nIaoo I haua
stated,I was a witness in the case and
the court should decide that it was
material and competent for me to do
so.
"The affdavits which transmitted
to Commissioner Hermann, assuming
the statements contained in the same
to be true-and had no reason what
ever to believe they were not true
presented very strong reasons why the
cases referred to in those afidavits and
pending in the land office should be
made special, to the end that the rights
OF all parties concerned might be de-
termined at as early date as possi-
BILE, and, therefore, 1 did just what L
have done in a great many casos-and
which is an almost daily occurrence
in transmitting affidavits from constit-
uents to the land office showing rea-
sons why their cases pending in the
land department should be expedited.
| If these affidavits, handed me by Pu-
ter, were untrue, then l was simply
imposed upon by him, as I am liable
to be imposed upon any day by per-
sons forwarding to me reasons for hav-
ing their case, pending in the depart
ment, expedited.
Letter Written to MIR. Hermann.
"The following is a copy of my let
ter to Commissioner Hermann trans
hitting these affdavits:
''United States Senate,
Washington, d. C. March 3, 1902.
"Hon. Binger Hermann, Commissioner
of the General Land Office, Washing
ton, d. c.:
"Sir: Based upon the inclosed affi-
davits of Mrs. Emma L. Watson and s.
A. ID. Puter, of Portland, Ore, re-
spectfully and earnestly ask that the
II cases of homestead entries referred
to in the abstract attached to and
made part of the affidavit of Mrs
Watson may be special, and that con-
sideratiou thereof NAV proceed without
delay, to the end that speedy deter
mination as to the rights of the parties
respectively may be had.
"Please advise me of action i am
very respectfully.
"JOHN II. MITCHELL.
"In conclusion, permit me to remark
that if Hon. Francis ]. Heney, special
assistant to the attorneyge general, had
been as diligent in preparing his case
and subpenaing his witnesses as he
seems to have been in submitting the
correspondence between us TO the press
and this, too, in a garbled form, evi
IDENTIFY for the purpose, upon his part
of casting some reflection upon me be
cause 1 failed to give him the name OF
the attorney introducing Mr.. Puter-
he could have had me present as a wit
ness in the case, when / would have
been in proper position to give the
name of the attorney, or any other evi
1o,o. tbat tha ootrt niOht have de