Arizona republican., 1905-06-24
TWAS A HABIT
NOt an Accident by Which
 Mitchell PrOfited
HIS PARTNERS EVIDENCE
Showing the Senator's Connection With Other Land Fraud Cases and His Repeated Warnings That lie Must Be Kept in the Bsckg round

Portland. Ore. June 23.-Judse AL bert H. Tanner the chief witness for the prosecution in the case of the t-uf- cd States against United States S-ua- tor Mitchell occupied the stand ,oday. The direct examination was c0uclud- ed late this afternoon after which tE- court was adjourned till tomorrow. when the defense will begin its cro-s examination
 Only once today did anything occur to break the monoton0us proceeding of documentary evidence Fms was
 when the court ruled that it was pr0- per tC introduce evidence tending to show that Senator Mitchell had know ingly accepted fees in other but simi- lar cases to the one a. issue for th- purpose of proving the lack 0f proba-
 biEJy that an acceptance Os fees in Jhe case al issue Lad been by inadVrrt- ence or cIreiesSn5ss- Disasreeueu- arose over the offer of the letter and testimony from Judge Tanner showing that Tanner and Mitchell had made au agreement with Kribs To expedite cer-
 tain claims in December. 1908 The de- fense objected on the grounds that the agreement came outside Of these al- legged in the indictment If such evi- dence was admitted. the d-feuse argued
 il would force Senator Mitchell with
 out notice To disprove allegations unr
 Set forth in the indictment on which
 he was being tried. in other words. be
 would be tried for miSdemeauorS 1r which he is not accused
 AIr. Heney cOuteuded chat the rules of evidence admitted such testimony in certain cases as tending Jo pso.e knowledge and intent where dts lae. was set out as defeuse as iu rhIs . case. One On5use. continued MT H-u-s might perhaps be an accident OF an iit-
 aGvertence. but with an increase oE similar onenses. said the district att torney, the probability of the lack uf
 knowledge decreased The court held
 with AIr- Heney and as a result rhe ! testimony Of Judge Tanner was ad- mitted in relation to work done fo- Benson ana Hyde Of CaHforni2. Vg- E
 Burke Of Eastern Oregon and Lee Sue
 Portland Chinese as wen as gthr- ! transactions before the LepartuleLt nl . commerce and laoor. iu all uf Wricl. 2 1t was contended. AIr- Mitchell had
 received Eis share ot the fees paid
 The 5ntroducJion and Identification
 by Judge Tanner Of documentary evil
 dencc continued thTOushcu1 -he entire | day. Letter after letter and lele-rall. after telegram which had passed bs-
 tween Senator Mitchell and Judge Tan
 ner was offered in evidence despite tE- efforts of the defense To stem the loc.L t-AIl. according to the government. re- lated to transactions alleged 10 hlvs been carried on in part by Senator 1IIt-
 chell in Washington mainly before the general land office in relation To rae kTibs claims They comprised EusLruc-
 tiOns sent by Judge Tanner. lists 1C lands. references tO the fees yo bt Er- ceived and deposit slips sent by Tan
 her 10 Mitchell
 In some Of the letters the sanar1- asked if his name had been used lE flI- ! ing papers. warning Tanner rha- he could not appear as an attorney before any of the government departments in others Tanner referred Co the matter stating that he had not allowed the senators name to be placed To any of the papers letter from Tanner Co This partner told of conversation he | had with Benson. who was -hen la 1 Portland in which he had cautioned Benson that the senator could uo- ls known in any of the transactions Ar half past four the supply of documents came 10 an end and MT Heney am nOunced that the government had fil- ishcd with the witness
 After court had adjourned NIT. Heney
 said that he expected that the govern ment would complete it's case late on Monday afternoon