The San Francisco call., 1905-06-22
Try to Shut Out
the Testimony
of Tanner.
Vainly Argue That
His Evidence Is
Barred
Prosecution Gains
First Victory at
Trial.


United States Senator John III. Mitchell,
charged with using his Office for private
gain in connection with the land frauds
in this State, began in Judge de
Haven's court to-day, and for the first
time in his life and at the age of three
score and ten Senator Mitchell faced
jury of his peers.
United States District Attorney
Heney's arraignment of Mitchell was
most severe. His outline of the case
of the Government was exhaustive, but
it containe ed. nothing that has not here
tofore been made public through the
indictment returned against the aged
Senator. Attorney A S. Bennett, coun-
sci for the defendant. denied the al
legations of the prosecution, claiming
that Senator Mitchell was guiltless in
intent and that the only mistake the
Senator had made was in changing the
agreement which had existed between
himself and his law partner. Judge
Tanner. the latter being one of the
persons indicted at the instance of the
Government in connection with the
land frauds. Later Judge Tanner made
a confession of his and Mftchells COM
nection in the land transactions.
MAKING DESPERATE FIGHT.
The work accomplished to-day con-
sisted of the examination of Frederick
Kribs. who is said TO have employed
Mitchell and Tanner to expedite his
claims, and the beginning of the exami-
nation of Judge Tanner. Tanner will
complete his evidence to- morrow.
In addition to the oraf testimony Dis
trict Attorney Heney is flooding the
jury with a mass of documentary evil
dence This includes the alleged agree
ment entered into between Mitchell and
Tanner and Kribs, by which, 1t is al
legged. they were to expedite claims
held by the latter. He is also produc-
ing checks, account books, letters and
testimony in support of his indictment
Attorney Bennett and Senator Thurs
ton, on the other hand, have pleaded the
honorable career of their client: have
held out the fact that tomorrow he is
to pass his eeventieth birthday. have en-
tered objections to the introduction of
testimony and made a desperate and
spectacular attempt to block the intro
duction of Judge Tanners evidence.
There was one time to-day when the
interest in the proceedings brought such
silence that the big clock could be heard
counting the seconds. The defense had
finished cross-examining Kribs when
Heney called Judge Tanner to the stand
AS Tanner was about to take his place
Senator Thurston addressed the court in
objection to the testimony He called
attention to the journal in which was
entered the statement and plea of guilty
entered by Judge Tanner to an indict-
ment for perjury. Going further the
speaker read from the Revised Statutes of
the United States In which It is provided
that no person guilty of perjury can be
used as witness in the Federal court.
He contended that under the section the
records of an indictment for perjury and
of plea of guilty under such indictment
was bar to testimony.
COURT SUSTAINs HENEY.
Heney argued that a plea of guilty
without sentence was subject at any time
to reversal; that the defendant could
withdraw his plea and enter upon trial
when he wished until sentence had been
passed. Therefore the evidence of Judge
Tanner was under the law admissible
Judge de Haven held that the witness
was competent, that judgment was nee
essary to bar one convicted Of perjury
from testifying. He accordingly over
ruled the objections of the defense.
Bennett closed his presentation at 1880
o'clock and Frederick A. Kribs was called
by the prosecution as it's first witness.
Kribs told of his agreement made with
Mitchell and Tanner by which he was to
pay for the expediting of forty claims of
timber land. He identified a letter writ
ten by Mitchell to Commissioner Herman
giving list of claims to be expedited.
He also identified a check for $500 paid
to Mitchell and Tanner for the service
done, In passing the claims to patent.
kRIBS ON THE STAND.
At the afternoon session Kribs testi-
ned to having made an agreement with
Tanner about the middle Of February,
1902, at which time he took third list of
thirty claims which were pending in the
Land Office. Kribs said he agreed to pay
$1,000 for the service. $500 town and $500
when the claims were passed to patent
According to Kr;bs Tanner had said he
would send the list to Mitchell in Wash
ington and have Mitchell take the mat
ter up with the department. He had
made another agreement with Mitchell
and Tanner in September, 1902, agreeing
to pay $1,000 for the service rendered un-
der the same provisions as the other two
had carried.
On cross-examination Kribs stated that
he had been interested with former Gov
ernor Pillsbury of Minnesota in securing
the lands. The conversation when
he was presented to the Senator by Tan
ner, at which time he discussed the ex-
pediting of his claims. had been the only