suit to recover, provided, however, that I was to withdraw the action immediately. he, in turn, agreeing to dismiss a counter suit that he had filed against me. It was further understood that Smith was not to be indicted if I could prevent it.
In regard to the withdrawal of my suit, I agreed to do as suggested, but as to the indictment of Smith, I could guarantee nothing, further than to give my word that no indictment would be returned, and this, I insisted he must accept for what it was worth.
"I will take your word for it," replied Kribs; "and to prove to you that I have confidence in your ability to take care of the matter, I shall wire Smith immediately to forward the money by telegraph."
After Kribs had sent the wire to Smith, which he prepared in my presence, he took up the matter of his new statement, and after reading it over, I informed him that it appeared to be satisfactory, and that I believed it would meet with Mr. Burns' approval. I then suggested that we go up and see Burns, which Kribs assented to.
After reading Kribs' new satement, Mr. Burns seemed to be well pleased, and remarked:
"This is something' like it."
He then asked Kribs if the $800 mentioned as having been paid by him to James Henry Booth, Receiver of the Roseburg Land Office. was by check or cash, to which Kribs responded that it was in the form of a check.
"All my settlements, in fact," continued Kribs, "have been made by check."
"You find, then, Mr. Kribs, that the check system is a good one, and that it is the correct way of transacting business?" queried Burns.
"Indeed, I do," replied Kribs, "as in that way I am enabled to keep a more complete record of all my business dealings."
"I presume then, that you paid Mitchell & Tanner by check also," said Mr. Burns.
"Yes, sir; I did."
"Well, now," added Burns, "I will say about your statement, that I find it entirely satisfactory with but one exception, and that is, with regard to your agreement with Mitchell & Tanner. You have failed to state, in referring to that firm, with whom your agreement was made—was it with Senator Mitchell, or Judge Tanner?"
"It was with the Senator."
"Was Judge Tanner present at the time?" asked Mr. Burns.
"He was not—that is to say, Judge Tanner wasn't present when I talked with wSenator Mitchell in his private office at the time of my coming to an understanding with him in regard to his receiving $25 from me for each patent expedited."
"Mr. Kribs, was it your understanding that the Senator was to receive the money personally, or did you presume that this money was to go to the firm of Mitchell & Tanner?" persisted Burns.
"The payments were made to the firm of Mitchell & Tanner, but I, of course, presumed that Senator Mitchell alone was benefitted thereby, as he instructed me, when I asked him how I should remit, to make my checks payable to his firm—'for convenience sake,' as he put it."
"Did you meet Judge Tanner at all?"
"Yes, sir; I was introduced to him by the Senator when we came out of the latter's private office, at which time Senator Mitchell remarked, in addressing his partner, that he had made an arrangement with me whereby he (Mitchell) was to expedite the issuance of all my patents, and whenever I brought any land matters to him (Tanner), that he should forward the same to the Senator at Washington. The Senator further informed his partner that I would hand the latter the amounts agreed upon in each case."
"I will now request that you insert this additional testimony in your statement," said Burns, "after which I shall accept it as altogether satisfactory."
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