The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-06-20
SENATOR JOHN n. MITCHELL Is
PLACED ON TRIAL At PORT
LAND, OREGON
He Is Charged With Accepting Fees
For Services Rendered in Frauds
Perpetrated.


trains began before United States Dis
trict Judge De Haven in the new court
rooms of the postoffice building in this
city. The case is that charging United
States Senator John H. Mitchell with
having accepted fees while senator OF
the United States for services render
ed to Frederick A. Kribs, by which
timber land claims belonging to the
latter were passed through the gen.
eral land office to patent. Senator
Mitchell is represented by ex-senator
john M. Thurston of Nebraska, and
Judge A. S. Bennett of The Dalles,
while District Attorney Francis j.
Heney represents the government.
The charge on which Senator Nit
chell faces trial is regarded by the
government officials as the strongest
of the indictments which have been
returned against him. The evidence
is largely documentary. and is said to
consist in great part of letters, checks
and account books. The alleged trans
actions of S. A. D. Puter with Senator
Mitchell do not figure in the case, nor
viii Puter be witness.
Details Of Charge
The indictment charges that con-
trary to the federal laws, Senator
Mitchell received fees from Frederick
A. Kribs amounting to $1,750 for using
his influence at Washington to secure
the patenting of land claims in which
Kribs was interested the money be-
ing paid to the law firm of which Nit
chell was the senior member.
Arf;olo of rtn whra oyQcl1tp6
between Mitchell and Tanner in 1901,
and according to the testimony OF Tan
ner, his son, and Harry Robertson, the
document contained the following pro-
vision:
TT is understood and agreed that
the interest of each of the parties to
this agreement as to all services rem
dered, all moneys received and all bus
mess done by the firm shall be the
equal one-half thereof, except that for
any services which may be rendered by
said John H. Mitchell in the city of
Washington, D. c., either in the SUI
preme court of the United States, the
court of claims Or before congress or
any of the departments, shall be the
individual matter and claim of said
John H. Mitchell and all fees so earn
ed by him in either of the said depart
ments, and his salary as senator, Shall
be the individual property of said John
H. Mitchell and the firm shall have
no interest therein; but for all SER
vices rendered by the firm or either
member of it in any other place. save
and except as above, shall be consid-
cred firm business, and the parties
equally interested therein
Tanners Story.
When Judge Tanner was called be-
fore the grand jury, and asked as to
the nature of the firms transactions
he stated that Senator Mitchell had
no interest in fees for services rem
dered by the firm before the depart
ments at Washington. and in support
of this assertion ne produced a docu-
ment purporting to be the original
partnership agreement executed in
1901. In place of the clause already
quoted, the following clause is alleged
to have been substituted:
1T is agreed that the interest of each
of the patries hereto as to all the SER
vices rendered, all moneys received
and all business done by the firm, shall
shat for any services which may be
rendered by said John H. Mitchell in
the supreme court of the United States
shall be mis- individual matter and all
fees so earned by him in said court
and his salary as senator shall be his
individual property and the firm shall
have no interest therein: and that for
any and all services which may be
rendered by said Albert H. Tanner be-
fore any of the departments at Wash
ington, D. c., or any of the branches
or bureaus thereof or in the land de-
partment of the government, either in
Washington, D. c., or Oregon or else
where shall be his individual matter,
and all fees SO earned by him shall
be his individual property. and the
firm shall have no interest therein, and
the said John H. Mitchell shall not be
required to perform any services
therein except such as he might prop
erly do as a senator in congress for
any constituent without charge
W. J. Burns of the secret service
made an investigation which disclosed
that the document has been prepared
at a very recent date. Just at this
at Washington, carrying a confidential
letter from Senator Mitchell to Judge
Tanner. Robertson was Immediately
taken before the grand jury and sub
iected to rigorous examination.
Tanners Confession.
Confronted with the evidence which
the government had secured, Judge
Tanner, himself under indictment for
perjury for swearing that the bogus
was the original partnership agree
ment, and threatened with criminal
proceedings against his son, broke
down and made full confession in open
court. He acknowledged that he had
periured himself before the grand jury
and said that the pretended articles
of partnership were drawn and exc
cuted in November, 1904, and dated
back to 1901, at Senator Mitchell's re-
quest.
Tanner stated also that the original
articles provided that Mitchell should
receive all fees for services rendered
before the departments, and that this
ARRANGEMENT continued up to the time
Of the grand jury's Investigations.
Robertson had previously testified be-
hot ho