The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-02-12

grand jury, and swore that ne had NOT
written the agreement within the past
three months. and generally attested
what the father had said.
Bot the government secured their
evidence. Three stenographers, Edith
Bern, Annie G. Spencer and Maggie
o'Brien, were called to testify. r. d.
Cunningham, who sells typewriter pa
per and supplies. was asked to swear
as q the time when the paper on which
the agreement is written. was sold at
his Store. ]. W. Newkirs, cashier OF
tts Yirst National bank. and Ralph
w. Hoyt. cashier of the Merchants
bank, we're aisdscalied upon TO testify
regardng bank accounts. distribution
OF rdpney and personal funds.
TfGeievidence developed the need Of
having Harry c. Robertson testify.
and hs was summoned from Washing
Ton. He spent much time with the
grand Jury, ana was twice recalled.
laughter and applause from the In
quisitiSn room greeting the ear Of
men outside during his testimony.
II seemed to spectators that Mr..
Robertson had given testimony that
met with general approval.
The effect OF this sensational de-
yelopment was stunning, and seemed
te leave no doubt Of Senator Mitchell's
ultimate fate. with the government
In possession Of such evidence that It
could force Judge Tanner to a confess
sion against his partner. and this con-
fession accumulative evidence against
the senator, conviction seems to have
been made quite certain.
IF the court please, I am ready at
this time to enter plea Of guilty
So said Judge A. H, Tanner this aft
ernoon when Judge c. b. Bellingei
took his seat on the bench Of the Unit
ed ssltes district court
Judge Tanner pleaded guilty to the
charge of perjury, for which the gov
ernm,nt had indicted him. He con-
fessed that the partnership agreement
betwe N him and Senator Mitchell was
written In December last year to pro-
tect Senator Mitchell from prosecu-
tion bysthe government.
It was 2:SO o'clock when District At
torney Heney said:
IF ii please the court, Judge Tan
sser saSrNlylfo plead to the Indictment
for perjury"
Judge Tanner rose before the ban
where ne has appeared so many times
as an attorney. and said:
Il will waive reading Of the indict-
ment. wish TO plead guilty. youi
honor. I do not understand that Mr..
Heney claims that l am guilty of per.
jury. except as TO that agreement be-
tween Senator Mitchell and myself"
Judge Bellinger replied TO the plea:
Very well, sentence Is suspended"
District Attorney Heney said that
he desired to take some testimony from
Judge Tanner at that time, and the
latter was asked to go on the witness
stand and be sworn, which he did.
Have you the contract which you
presented to the grand jury?" asked
the district attorney.
II have" came the reply.
when was II nader
Last December" said Judge Tan
ner. Continuing, ne said
The purpose was to use 1t in Sem
ator Mitcheirs defense. win tell you
how we came to draw 1t up, Senator
and / had contract; but, OF
course, this was not the first one. Wher |
Senator Mitchell was out here in De-
cember he looked over our contract, |
and there was one clause which he
said would be dangerous. He told
me to change that clause, drawing up
a new agreement which was identical
with the first one, except for that
clause. We both signed 1t. l told MIN
Robertson was the only man on earth
who knew about the original contract.
md 1t would be necessary to have him
,orroborate the testimony we gave.
said he would see what he
,ould do with Robertson"