The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-06-28
MITCHELL CASE
NEARLY ENDED
Aged Defendant Did Not Go Upon the
Stand.
ONE WITNESS FOR DEFENSE
JURY WILL PROBABLY RETIRE
TO-DAY.

| PORTLAND. Ore, June 27.-United
States Senator Mitchell viii not
bear testimony for himself in his
struggle for honor and perhaps for
liberty in the land fraud cases, and
the long trial has practically come to
a close The court room was crowded
I to sUffocation when the session opened,
all being drawn by the added interest
borne in the story that today the aged
/ senator would take the stand and. by
| his own words, attempt TO disprove the
! testimony of his former partner, Judge
: A. H. Tanner. and Of his former private
! secretary, Harry g Robertson. But
all were disappointed and surprised
/ for the case for the defense was rested
( less than an hour after the court had
( been called and the future of the SEN
ator was almost ready to be placed in
/ the keeping of the jury
Only One Witness.
! Only one witness was examined by
! the defense he being J. A. Martin of
/ Portland. who testified that he had
/ asked the senator to secure the estab-
| lishment of the harbOr lines several
/ years ago in order that a wharf might
/ be constructed The senator did as
/ requested and refused all compensa-
/ ton for his efforts. All of the evidence
( introduced by Senator MitchelTs at
tOrneys has been in this line and
/ though it was held to be immateriaI by
| the court. was allowed by the prOsecu-
ton until this morning when NJ Heney
| began to grow FESTIVE. as did the court.
and the defense gave over further eff
fort and rested its case
Technical Argument.
Senator Thurston addressed the
court in argument as to the instruc-
I lions TO be given the jury when the
case was sent to them. He cOntended
that the indictment alleged that money
had been paid TO the senator by Fred
A. Kribs and argued that the proof
showed that checks had been given
Tanner. who in turn sent checks to
Mitchell, thus preventing any knOwl-
edge on the part of the defendant as to
the source Of his dividends paid him by
the firm.
Analogous to Burton's Case.
The defense claimed close similarity
to the case of Senator Burton Of
Kansas for taking brides, and main
tanned that while the Indictment
charged the direct receipt of money
from Kribs by Mitchell. the most that
could be shown was the indirect re-
ceipt Of money from the bank and that
while the Indictment alleged the re-
ceipt Of checks. this did not occur. as
the checks were purchased by the bank
and the money later indirectly received
by Mitchell was not Kribs' money. but
that Of the bank The supreme court
was quoted to sustain this point
Heney's Reply.
District Attorney Heney main-
tanned that the indirect receipt of
money was all that was contemplated
by the statute and any other interpre-
tation was ridiculous
Attorney A s. Bennett wanted Judge
De Haven TO instruct the jury that in
case ii was shown Mitchell received
money without knowing it was unlaw-
fully acquired, q later knowledge of
this by the defendant could not lay
him open to the charge Of crime
Argument of Prosecution
In the afternoon Mr. Heney presented
the case OF the prosecution to the jury
in an argument extending over two
hours He said il was an unpleasant
task devOlving uDon him, but that it
was his duty as it was the duty of the
members of the jury to decide the case
on its merits and upon the evidence.
irrespective of the age or position in
life of the defendant. disregarding the
tears OF grown men and the sophistry
of speeches made and to be made by
the attorneys for the defense.
Facts Clearly Presented.
Throughout the argument the spea ker
made no attacks upon Mr. Mitchell
but followed the evidence as it has
been presented clarifying. explaining
and gathering il together in order and
sequence. He made no effort at de-
clamatiOn. but his remarks were force
ful, clear and brought up in vivid array
the proof gathered by the government
and upon which the prosecution bases
its hopes of conviction
Judge Bennett and Senator Thurston
viii present the arguments for the de
Tense tomorrow. it being expected that
the case viii go to the jury early in
the afternoon.