the contract that had boon dictated to young Tanner in the Grand Jury room. The sentence embraced the two words, "salary" and "constituent," both of which had been mis-spelled by him in the manner indicated, while all the other stenographers had written the words correctly.
Upon being shown the agreement in the Grand Jury room, Tanner's son had declared under oath that he had not written it, nor had he ever seen it before, and upon the basis of this testimony an indictment was prepared, charging him with perjury. It was at this juncture that judge Tanner, who had also been indicted for perjury in connection with his efforts to shield Senator Mitchell, learning that his son was to be indicted, decided to tell everything and save his boy from criminal prosecution, and the story he told the Grand jury was pathetic enough to arouse every instinct of human compassion.
It was to the effect that the law firm of Mitchell & Tanner was first established in 1891, and continued under various forms of agreement until March 5. 1901, when it became necessary to modify the terms of co-partnership on account of Mitchell having been elected to the United States Senate. A clause of the agreement entered into on that date contained this provision:
"It is understood and agreed that the interest of each of the parties to this agreement as to all services rendered, all moneys received, and all business done by the firm, shall be equal one-half thereof, except that for any services which may be rendered by said John H. Mitchell in the City of Washington, D. C, either in the Supreme Court of the United States, the Court of Claims, or before Congress or any of the Departments, shall be the individual matter and claim of said John H. Mitchell, and all fees so earned by him in either of said courts or before Congress or any of said Departments, and his salary as Senator, shall be the individual property of said John H. Mitchell, and the firm shall have no interest therein, but for all services rendered by the firm or either member of it in any other place, save and except as above, shall be considered firm business, and the parties equally interested therein."
According to judge Tanner, when the land frauds were under investigation by the Federal Grand Jury in December, 1904, Senator Mitchell became considerably alarmed over the prospects of becoming involved in some of the scandals, and requested permission by wire to appear before the body in his own behalf. Accompanied by Congressman Binger Hermann and Frank C. Baker, Chairman of the Republican State Central Committee, of Oregon, Senator Mitchell left Washington, D. C, about December 18, of the year in question, and on December 20 wired Judge Tanner from St. Paul. Minn., requesting the latter to meet him at Kalama, Washington, upon the arrival of the Northern Pacific train at that point.
Judge Tanner met the party as requested, and Senator Mitchell appeared very anxious to learn the latest land-fraud news, asking particularly if there was any danger of the Government agents having had access to the books of the firm. The day following his arrival. Senator Mitchell and his partner made a careful inspection of the books of the firm, page by page, Mitchell expressing surprise at the manner in which the various entries had been made, and demanded that the old books should be destroyed, declaring that the entries in regard to the Kribs transactions would not only result in his indictment, but conviction as well, if they fell into the hands of the Government. There was a heated discussion on this point between Mitchell and Tanner, the latter insisting that the accounts had been kept in strict conformity with the terms of their partnership agreement, and that Senator Mitchell was fully aware of the manner in which they had been kept. and had never raised any previous objections thereto.
"During one of several conferences in Senator Mitchell's room at the Hotel Portland on the subject," testified Judge Tanner. "I told him in the course of the conversation that I thought the proper thing and the safe thing to do was to make a full breast of the matter, and he insisted that the books should be destroyed, and that it would not do for it to appear that he had received any part of this Kribs money. And he insisted on it in his determined way and impatiently—would not listen to anything else."
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