Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-14
FOR use AS EVIDENCE
GOVERNMENT CONSIDERS A LET
SENATOR VALUABLE.
MlSSIVE HELD TO SHOW LINE OF
TESTIMONY MITCHELL WANT
ED TANNER TO GIVE.

Portland, Ore, Feb. 13.-Among the
papers brought by Senator Mitchell's
secretary, Harry c. Robertson, from
Washington, D. c., was one from Sen
ator Mitchell to his law partner, Judge
Albert H. Tanner, dealing with their
partnership agreements. The letter
was surrendered by Mr.. Robertson to
United States Attorney Heney and ap-
pears as one of the exhibits in the
case, worked up by Mr.. Heney against
Senator Mitchell.
The government considers this let
ter of Senator Mitchell's valuable to
the case in that they contend that 1t
shows the line of testimony which
Senator Mitchell desired Mr.. Tanner
to give before the grand jury on his
second appearance before that body.
The letter, dated Washington, D. c.,
Feb. 5, is as follows:
my Dear Judge:-I am almost
afraid to write word, as the scound-
rels will misconstrue everything and
distort all that it said. Your friend
with letter did not arrive here until
today. Your letter only received at
3 n. m. I have made search for my
articles of co-partnership of 1902, but
I am unable to find it. I think it must
be among my papers in the Office.
Harry, of course, prepared these arti.
cles. You will see Harry on his ar
rival. I found our supplemental agree
ments, of date, Nov. 1, 1904, which are
all right. Harry has these with him.
Recites the Facts.
Now tho facts are these, and you must
deal with them accordingly. Cd I'm
der our articles. was not to have any
interest whatever in any business you
might do in any of the departments on
any land matters; (2) as a matter Of
fact, never knew until now that any
charges for any such services had
been credited either to me or the firm
or that my accounts had ever been
credited with any part thereof.
GAS I was never furnished with any
statement of any bank account or of
any charges whatever and have moth
ing to do with the book, nor did l see
the same. You will remember several
times I cautioned you not to mix me
up in any way with any land Office
matter. (3) To this day I do not
know what book entries you have
made, or what you did with any cash
or checks, If you ever received any for
service. Nor was I ever advised by
you, or did have any knowledge that
any part Of any such cash, or receipts,
was placed to the credit of our firm or
myself.
Nov, Judge. you will agree with me,
am sure, these are the facts, and l
am also sure, whatever entries YOU
made, you never intended l should
have any part of such cash or checks,
If any, and that you intended that in
some way in settling accounts between
us no part of any such moneys or
checks should be any other but your
Individual property. I had supposed,
of course, that you had kept all such
charges and accounts in your own
name. There is no offense on your
part in doing business for honest peo-
pie in these land matters. I hope
therefore you will do me the justice at
the proper time in giving me the facts
just as they are
And as Have Stated
them. You must not get ratified or
alarmed. Harry will doubtless identi-
fy the co-partnership articles of 1902
as having heen prepared by him. See
him at once on his arrival. Don't be
interviewed until see you, and now,
strictly confidential, don't tell Harry,
your son, or anyone"
The letter then urges Judge Tanner
to take all the company's books and
Tanners bank book secretly to Wash
fngton at once and especially before
Tanner could again be called before
the grand jury. The letter warned
Judge Tanner to keep all important
papers in the safe and to keep the
safe locked.
Subsequent to writing this letter
Senator Mitchell sent two messages
to Judge Tanner from Washington,
which will be introduced as further
evidence by the government in sup
port Of its contention that the letter
was intended to direct Judge Tanners
line of testimony. The first message,
dated Feb. 8. follows: ..1s
z Harry is due Portland Thursday
morning. Don't fail to comply with
my request. 1t is important. Don't
be interviewed"
The second message, dated Feb. 8,
says:
II am deeply grieved. / am sure
you are not guilty. Don't be inter-
viewed. Say nothing. Don't fail to
comply with my request in Harry's
letter."