The Corvallis times. (Corvallis, Or.) 1888-1909, 1905-06-17
SENATOR MITCHELL
MUST STAND TRIAL; DEMUR-
RER TO THE INDICTMENT
WITHOUT AVAIL.
Case Set for Tuesday-court
Delivers Opinion and Ad-
mits Indictment Is OPP
ened to Criticism.

Portland June IL Oregonian:
Senator Mitchell must stand trial
uponsthe Kribs's Indictment, charg-|
ing him with having accepted fees
whilesa senator of the United States
for service rendered to Frederick
A. Krib's, by which timherland
claims belonging to the latter wereI
passed through the general land Of
fee to patent.
Judge Ds Haven yesterday morn
ing in few words overruled the de-
murrer Of the defense and set the.
trial of Senator Mitchell for Tues
day, June 20, thus sweeping away
every hope Of the indicted man and
bis counsel in the success of the
dilatory tactics SO long employed,
and bringing them faceto face with
the necessity Of meeting the mass
|of the governments evidence in de-
NAL of the guilt alleged.
It was quickly over, though for
a moment there were those In the:
|court room yesterday morning who
lived more than twice the time In
dicaeed by the clock as the Judge
paused In his discussion Of the in
dictment before rendering hih final
opinion and holding against the
plea Of the defense. I" AS to the
FORM said Judge De Haven" !" 'the
indictment is justly open 10 criti-
cism; indeed, very severe criticisms''
! The audience sat rigid, waiting
for the next words that would de.
eide whether Senator Mitchell would
be released from the charge against
him through defect in the instru-
ment or would have to stand his
trial and face the guns of the gov
ernment. The attorneys grouped
around the long table, watched the
lace and lips of the judge as though
1they would read the import of the
| next sentence before it had been
spoken. "But, still, I think" the
court continued, slowly, that it
substantially charges the offense
described in section 1882 of the re-
vised statut-s."
! No more was needed. The gov.
ernment had won.. The defendant
Ihad lost. The opening of what will
be one of the most bitterly contest.
ed and in effect one of the most far
reaching cases ever tried before the
courts Of Oregon was 10 eight.
The action of Judge De Haven ii
denying the demurrer drags from
in front of the defense the last bar
rier standing between it and {
speedy trial. With the demurre
out of the way, Senator Mitchell
will now have the immediate hear
ing demanded by him severa
! months ago, and which has beer
delayed through press of business
change Of government quarters ant
through various other causes.
The case now stands out in th
open, stripped of motions and de
murrers and pleas, ready fo
the searchlight of the evidence
which will begin to shine by tn
middle of the week to come. Th
plea of the senator, entered yeste1
day in his behalf by ex-Senato
Thurston, by which it was contend
ed in one ward that the defendap
had no part in the frauds alleged j
the indictment, places the ba
against anything but an immediat
hearing.
Judge De Haven also settled th
7 contention OF the defense in regar
to the drawing of the jury in a
unexpected manner, though sa
isfactory one, yesterday morning
after the announcement of his dec
sion. He directed that the draw
ing take place at once in open cou
and then, in the presenceof the al
torneys for the defense, those ft
the government, and in view of tt
spectators, Captain Sladen, clerk
the court, drew the names one b
one, from the jury box while b
deputy wrote out the list. In tn
manner were the wishes of the d
fense satisfied and all whispers
unfairness silenced.
When the court was called ye
terday morning, Judge De Havel
Immediately after taking his plat
upon the bench, delivered his dec
sion in regard to the demurrer a
gued the day previous. In deli
ering his opinion he said:
"The demurrer that was argue
and submitted yesterday I ana pr
pared to decide at this time. II