Omaha daily bee., 1905-06-28
MITCHELL DOES NOT TESTIFY
Oregon Senator Fails to Go on Stand in
His Own Behalf
ARGUMENT BEGINS At Q O'CLOCK
Case VIII Probably Go to Jury some
Time This AfternOon-Conten-
tion of Counsel ns to
Instructions.

PORTLAND Ore. June 2.-United States
Senator John Mitchell did not bear testi-
mony for himself in his struggle for honor
and perhaps for liberty in the land fraud
cases. The long trial has practically come
to close. The court room was crowded to-
day when the session opened, many being
drawn by the story that the aged senator
would take the stand and by his own
words attempt to disprove the testimony
Of his former partner, Judge Tanner and
of his former private secretary, Harry c.
Robertson. But all these were disappointed
and surprised, for the case for the defense
was rested within hour after the court
had been called to order.
Only one witness was examined for the
defense, he being ]. A. Maln Of Portland
who testified that he had asked the sena4
tor to secure the establishment of the har-
Dor line several years ago in order that
wharf might be constructed. The senator
did requested and refused all compensa-
| ton for his services. All of the evidence
| introduced by Senator Mitchell has been
in this line and though 1t was held to be
| immaterial by the court, 1t was allowed
by the prosecution until this morning when
Mr. Heney began to grow restive, as did
the court, until the defense gave over fur
ther efforts and rested the case.
ThurstOn Addresses Court.
| Senator Thurston addressed the court in
| argument as to the instructions to be given
| to the jury when the case was sent to them.
| He contended that the indictment alleged
| that money had been paid to the senator
| by Frederick A. Kribs and argued that the
! proof showed that checks had been given
| Tanner, who in turn, sent checks to Mitch
ell, thus preventing any knowledge on the
| Of dafa 70 ha ~
his dividends paid him by the firm.
The defense claimed a close similarity to
the case of Senator Burton of Kansas, and
maintained that while the indictment
charged the direct receipt of money from
Kribs by Mitchell, the most that could be
! shown was the indirect receipt of money
from the bank. and that while the indlct-
ment alleged the receipt of checks, this did
not occur, rs the checks were purchased
by the bank and the money later indirectly
received by Mitchell was not Kribs' money
but that of the bank.
District Attorney Heney maintained that
the indirect receipt of money was all that
was contemplated by the statute.
Attorney A. S. Bennett wanted Judge De
Haven to instruct the jury that in case 4
was shown Mitchell received money withou
knowing 1t was unawfully acquired late
hilO"lShBS VI lHls ny lue ueIenudnI COui(
not lay him open TO the charge of tn,
crime
Argument Begins.
| Arguments began at 2 o clock today. Mr.
Heney presented the case of the prosecution
to the jury in an argument extending owe
two hours. He said 1t was the duty of tn,
jury to decide the on it's merits, ant
upon the evidence, irrespective of the ag
or position in life of the defendant disre
garding the tears of grown men and tn
sophistry of speeches made and to be mad
by the attorneys for the defense.
Throughout the argument the speake
made no attacks upon Mr.. Mitchell, ou
, followed the evidence as It has been pre-
sented. He made no effort at defamation
but his remarks were forcible, clear an
brought up In array the evidence gathere
by the government and upon which III
prosecution bases its hope OF conviction.
Judge Bennett and Mr.. Thurston will pre-
sent the arguments for the defense tomor
row and it is expected that the case wi
go 10 the fury early in the afternoon