The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-27
MITCHELL
KNEW OF THE CRIME
Former Private Secretary
Takes the Stand
SENATOR BECAME ANGRY
he Cursed the Prosecution and said
That Anything Was Justlflable
In Defying the Gov.
eminent

Portland, Ore, June 26-Harry Robert
son, United States Senator MitchelPs
former private secretary, was the prin-
cipal witness for the prosecution today
IN the Mitchell case. He told fully with
out reservation of his conversations with
Mitchell at Washington, of the latter's
fear of prosecution for his work before
the departments and of Mitchels rage
when Robertson expressed to his employ
er the belief that denial was useless as
several knew OF the connection of the
firm of Mitchell and Tanner with the
work Of getting the Kribs claims expedited
and the likelihood that the whole story
would come out
Upon being subpoenaed to appear be-
fore the grand jury the witness said he
went to Senator Mitchell and showed him
the summons, asking the senator what
he could be wanted In Portland for. The
senator said 1t was to testify about the
accounts of the law firm of Mitchell &
Tanner and told him that Tanner and
his son were threatened with Indictment
Mitchell told Robertson that when he
reached Portland he should go to Tanner
and look at the partnership agreement
and Tanner would tell him how to tes-
tify.
The senator had cursed the prosecution
and had said anything was justifable in
defying the government On Robertson's
return to Washington after appearing
before the grand jury Senator Mitchell,
the witness said, shook his fist in Rob-
ertsons face and swore at him for his
actions in Portland, and Robertson there
upon resigned his position. In continuing
the witness said Mitchell finally acknowl-
edged that he had known Kribs and re-
membered the partnership agreements
with its damaging clause. He cried and
swofe and said that he ought not to be
prosecuted in the Kribs case as he had
only received a few small checks for
what he had done.
The evidence given by Robertson WAS
direct. lie identified letters given by
Mitchell at Washington to be delivered
to Tanner but which were given to
Prosecuting Attorney Henry and the
grand jury and telling to the best of his
recollection the plans made by Mitchell
and Tanner to evade prosecution and how
their schemes came to naught. Robert
son supported strongly with his testi-
mony, the allegations of the indictment
Further recitals Of Robertson's testi-
mony show Mitchell's great mental agony.
Robertson underwent a severe cross
examination by Senator Thurston but
the defense could not shake his testimony.
The government rested its case at 2:45
p. m.
The defense then opened its case, call
ing T. o. Abbott OF Seattle, w. H. Odeli
of Salem, j. p Fullerton of Roseburg,
A. S. Stillman of Pendleton and w. d.
Wheelwright and 7. b. Wilcox of this
city, all of whom testified to having re-
ceived assistance from the defendant be-
fore various departments in each case of
which the senator had refused compen-
sation The case of the defense will be
continued and perhaps finished tomorrow.
It is the opinion that Senator Mitchell
will take the stand in his own behalf.
When the afternoon session of court
opened Judge De Haven announced that
the demurrer in the cases of Congress-
man ]. N. Williamson, DR.. Van Gesner'
Marion Biggs, and that Of Williamson,
State Senator e. p, Mays, ct al, would
be overruled. The case of the United
States against Williamson, Gessner and
Biggs was set for next Monday and the
court announced that all OF the cases yet
remaining on the land fraud calendar
would be set for hearing on Friday next.