The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-23
MITCHELL ON THE RACK
oregon senator Listens to Damaging
Testimony by His Old Partner.

/ Portland, Ore, June 23.-On the
I day that marked the seventeen mile
stone of his journey through Afe' ms
face bIanched until the blue VEINS
stood out across his temple; Win
beads of perspiratiOn glistening on MS
forehead, with hands clasping ana
unclasping along the side of the taple
at which he sat, John Mitchell, senior
United States senator from oregon:
today listened to the testimony OF
Judge Tanner. his lifelong friend and
law partner
Judge Tanner was not less white or
less agitated and throughout ms tesu-
mOny his words came hesitatingly ana
falteringly, and so low that the uek-
ing of the court room clock was audl-
bic through the hours that it took to
give his testimony
When court adjourned for the day,
Judge Tanner was still on the stand
Judge Tanner identified checks paid
bv Frederick A Krebs to Tanner and
letters passing between himself and
Senator Mitchell relative to their prac-
tice before the land department Let
tiers showing that Mitchell received
each month his share of the firm ;
earnings. which was one-half of the
net receipts, and that the money paid
by Krebs to Tanner entered into the
funds divided at the end of each
month was offered in evidence. A
letter from Mitchell to Tanner show
ing that he received, upon his own
request, a copy of the firms books,
showing all receipts and how secured
during the senator's stay in Washing
ton was an exhibit offered today
District Attorney Heney questioned
Judge Tanner as to his trip to meet
Senator Mitchell in December LAST,
when the senator was returning to
Portland. a short time prior to his
first indictment.
Was Eager for News.
Judge Tanner told of having re-
ceived a telegram from the senator
asking him to come as far as Kalama,
Wash, to meet him. The judge had
taken the trip and had met the sena-
tor on the train with Binger Hermann
and Frank c. Baker, chairman of the
Republican state central committee.
The senator, he said, was very eager
for land fraud news and asked if there
was any danger of the government
agents having had access to the books
of the firm. Mr.. Mitchell expressed,
said the witness. deep concern about
had had with Krebs' and wanted to
see the books. The following day
Judge Tanner testified. the senator
went to the office, and. in company
books, page by page. According to
the testimony of the judge, Mitchell
expressed surprise at the way the en-
tries had been made and demanded
that the old books be destroyed, say
ing the entries in regard to the Krebs
transaction would not only indict but
would convict him if they fell into the
hands of the government
Judge Tanner testified that he had
told the senator that. though it would
necessitate perjury. and that he had
never done such a thing in his life, he
would stand by his partner and do
what he could to help him. He had
agreed to destroy the books, if neces-
sary, and had called the senator's at
tention to the clause in the partner
ship agreements by which the senator
was to receive all the fees for work
done before the departments. He had
changed them and the new agree
ments had been dated back to March
1, 1901, the same as the original, and
had been signed by both. The subse-
quent letters passing between the two
men were also offered in evidence as
tending to show still further the
knowledge of the defendant that he
had been violating the law.