Los Angeles herald., 1905-06-23
JUDGE TANNER
BEARS RECORD
MITCHELL HEARS PARTNERS
TESTIMONY
BOTH INTENSELY AGITATED
Witness Describes Senator's Concern
About Entries and Transactions,
and His Demand That Books
BE Destroyed
BOTH INTENSELY AelTATED
Rv Associated Press.

BY Associated Press.
PORTLAND Ore, June 22.-On the
day that marked the SEVENTEEN mile
stone of his journey through life; his
face blanched until the blue veins stood
out across his temple; with beads of
perspiration glistening on his forehead: /:
with hands clasping and unclasping the
side of the table at which he sat John
II. Mitchell, senior United States sem
ator from oregon, today listened to the
testimony of Judge Tanner, his life
long friend and law partner.
Judge Tanner was not less white or
less agitated and throughout his testi-
mony his words came hesitatingly. fall
teringly and so low that the ticking of
the courtroom clock was audible
throughout his testimony. When court
adjourned he was still on the stand.
The morning session was devoid of
interest, as the prosecution continued
fits chronological introduction Of docu-
mentary evidence which had been be-
gun the day previous. The latter part
of the afternoon, however, was as SEN
SdllOudl DIS ll10 LOItlOOu 1ldu Dtcl 0ulA
Judge Tanner had been occupied
throughout the day with identifying
letters, telegrams. office book entries
of checks paid and received and agree
ments made between himself, Kribs and
Mitchell, but when the afternoon had
half passed, District Attorney Heney
began to question him as to his trip
to meet Senator Mitchell in December
last when the senator was returning
to Portland a short time prior to his
first indictment.
Judge Tanner described the receipt
OF a telegram from the senator asking
him to come as far as Kalama, Wash,
to meet him. The Judge had taken the
trip and had met the senator on the
train with Binger Hermann and Frank
G. Baker, chairman Of the Republican
state central committee. The senator,
he said, was very eager for land fraud
news, and asked If there was any dam
ger of the government agents having
had access to the books Of the firm.
Mr. Mitchell expressed, said the wit
ness, deep concern about the entries
and transactions the firm had had with
Kribs and wanted to see the books.
Said Books Would Convict Him
The following day. Judge Tanner
testified, the senator went to the office,
and in company with him (Tanner)
looked over the books page by page.
According to the testimony of the
judge, Mitchell expressed surprise at
the way the entries had been made
and demanded that the old books be
destroyed, saying the entries in regard
to the Kribs transactions would not
only indict but would convict him if
ernment.
Judge Tanner denied that he had told
the senator that, though it would ne
cessitate perjury, and ne had never
done such a thing in his life, he would
stand by his partner and do what he
could to help him. He had agreed to
destroy the books if necessary, and
had called the senator's attention to
the clause in the partnership agree
ments by which the senator was to re-
ceive all the fees for the work done
before the departments. He had
changed them and the new agree
ments had been dated back to March
/, 1901, the same as the original, and
had been signed by both. The subse-
quent letters passing between the two
men were also offered in evidence as