Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-22
No Is Charged With Using His
Office for Private Gain Ia Con-
nection With Land Frauds
CASE WILL Be FOUGHT HARD.
Counsel for Delcn,e Making Desperate
Effort to Prevent Judg. Tanner Be-
log Placed On Witness Stand

charged win using ma ONCE Tor prl-
waite gain IN connection with the land
nnuds IN thls state, commenced In
Judge DE lIavcn's court today, and for
the first time IN his life, and at the
age " three score ana ten, senator
mitchell faced a fury W his peers,
United S,o,os Dist, Any, llcncy's mr.
ralgnmont " Mitchell was most severe
Ills outline of The case " the govern
ment was exhaustive, but II contained
nothing that has no, heretofore been
made public through the indictment re-.
turned against the aged senator
Judge A, y, Bennett counsel Tor the
defendant, denied tho allegations OF the
prosecution, claiming that Senator
Mitchell was gulltcss IN intent and
that the ouly mistake the senator made
was IN changing the agreement which
had existed between himself and his
law partner Judge Tanner, the latter
being one " the persons indicted at tho
instance OF the government IN connoc.
ton with the land frauds,
Later Judge Tanner made n confcss
sion Of his and Mitch'lls connection
~ the land transactions,
The work accomplished today consist
ed ~ the examination OF FREDERICK
l<rlbs, who II said TO have employed
Mitchell and Tanner 10 expedite his
claims, and tho partial examination of
Judge Tanner Judge Tanner win com.
plclc his evidence tomorrow,
In addition 10 the oral testimony, Mr.
Honey IL lloodlng the jury under u mass
az documentary evidence, TINS includes
the alleged agreement entered into be.
tween Mitchell and Tanner and krIbs,
by which, II II alleged they We're to
expedite claims held by tho latter IL
producing checks, account books, let
lere ana testimony IN support Of his
Indictment.
Judge Bennett ana senator fhurton,
on the other hand, have pleaded the
honorable career OF their client, have
held oul the fact that tomorrow he II
10 pass his seventeen birthday, have
entered objections 10 the introduction
OF testimony and made u desperate and
spectacular attempt To block the IN
PRODUCTION Of Judge Tanners evidence,
There was one time today when the
Interest In the proceedings brought
such silence that the big clock could
De heard counting the seconds. II Was
when the defense made ita effort To
prevent the prosecution from placing
Judge Tanner upon tina stand, The de.
fenno had finished nr,as.oxlmining Mr..
kribg when Mr. ilcncy called Judge
Tanner 10 the stand and M no was
about to take his place Senator Thurs.
ton addressed the court IN objection IA
the testimony
lie called attention Ia the Journal, IN
which was entered the statement and
plea OF guilty entered by judge Tanner
10 nm Indictment for perjury Going
further the speaker read from the re-.
vlFtd statutes OF the United states, In
which II IN provided that no person
guilty Of perjury can be used ~ IA wit.
ness IN the federal court He contend
cd mat under the section the record Of
M Indictment for perjury ana Of plea
of guilty under such indictment was Il
bar TO testimony,
Mr. Honey argued that plea Of
guilty without sentence Was subject az
any Tine to q reversal, that the defend
ant could withdraw his plea and ontcr
npon trial, when he wished, untIl sen.
loncc had been passed, Therefore the
evidence of Judge Tanner was under
me law admissible,
""'NN wv ''HN'll HeIh lnhl lnr VII
ness was competent, that "A. Judgment
was necessary 10 bar one convicted of
perjury IRON tcstifymg, and accord
lnsly oyerrued The objections of the
defense
Mr. Bennett closed his presentation
az 1880 o'clock and Frederick A, Krlb.
was called by the prosecution IN W.
lirH witness,
Mr. liribs told OF his agreement
made with Mitchell and manner by
Whloh he was TO pay for the oxpodltlng
OF fortS claims Of timber land lie
Identified Il Letter written by Mitchell
To commissioner Herman, giving "A list
OF tlelms 10 be expedited, lie also
idcntlilod check for $500 paid to Ml,.
ohcll ANA Tanner for the service donn
IN passing the claims to patent,
AZ the afternoon session Krlbs tcs,i.
llrl to HAVING made an agreement viii
Tanner about the middle Of February
1902 az which time he took u third llsI
of 30 claims which were pending IN
the land Office, iirlbs said he GiTood
10 nay $1,000 for the service, $500 dow
gnd $500 when the claims were passed
TO pnlont, According to l<ribs, Tanner
had anld he would send the list &c
Mitchell In Washington ana have MI
thtll take the matter mp with the je'
parimont
lie made another agreement win
Mhchcli aud Tanner IN September, 1905
rendered under the cane provisions 0s
| the Other two had carried.
ON clcsN-oSnminnllOn kribs stat ID
| that he had been Interested with oy
| Gov, plllsbury Of Minnesota IN aoour
| linz the lands, The conversation hut
| whom he was presented to the senator
by Mr. Tanner NJ which time no dis
| cueHcd She cNpodlljng VI his olaims,hat
| been IN, only tino ho had discussed
| The matter with the defendant, He hnt
| had no personal agreement viii
Mitchell ms to tho fees, but had ar
ranged tina, part OF the business VIII
| Tanner
Besldos GOV, plllsbury Krlbs tostino,
| that 9, A. smith, T. j. johnson an1
| other Minneapolis lumbcrmen wor
financially interested with him IN se
curing timber land,
ON Nh Krlbs being excused, Juda,
| Tanner was called, Jlldgo Tanner ani'
that he had entered into partnership
| with Mitchell IN 1891 which pnrlnorshll
hud continued until the recent trouble
| ana TINT throughout That time the no
| llllollN NUN N'll lhlulWl D'iNN'll Il'll
The nrM partnership agreement ha,
been made m May 1891 There wa
mother agreement ~ March B, 1901
upon which he identified the slpn0lur
of himself ana Mitchell II had bee
wrtlon IN Portland ana sent to Wash
ngton for the signature of the senator
who had then returned II 10 HIN,
The witness had known krlbs sine
| October. 1901, whom lac had done tim
Der land business for him, lNllbs hA
como to the office and he had ngreQ
20 nolp In the expedition Of his clnil
for SlOt0 half down and the remnindp
upDn the completion Of the work
Tanner testified that Senator Mlscre
had been IN the city ana ho t1nmol
| NM lnIIn1lnnnl krlhA 10 HIM IL The III