services in expediting the patents. I objected at the time to standing the amount named, as I did not consider that this item of expense should be charged against me. Smith, however, insisted upon my bearing the whole thing, and while it was a hold-up, pure and simple, I became reconciled to it upon the basis that he was a heavy timber land operator, and inasmuch as I expected to do further business with him, the opportunity might be afforded me in due time of squaring accounts in some way.
After reviewing these incidents in my mind, I decided to adopt some process of forcing Kribs to produce this evidence, thereby vindicating my own position before the public as much as possible.
I then called to mind the gigantic frauds perpetrated l)y Kribs in the matter of acquiring title to vast tracts of land, not only for Smith, but for other Eastern capitalists and speculators as well, in all of which operations since his acquaintance with Senator Mitchell, it is presumed that the latter received his $25 bonus upon each claim patented through his efforts and influence as a United Sates Senator.
Under the circumstances, I felt that there must be some way of forcing Kribs into the open, and while I had no desire to besmirch his name in any way, notwithstanding the fact of his refusal to go upon my bond, or of his desertion in my hour of need, I was willing to forego the rebut in his particular case, provided, however, that in overlooking him, which was viewing the matter from a purely friendly standpoint, I would not be driven into a still more compromising position myself. I found, after a careful canvass of the situation, a plan to make Kribs divulge the desired information, but it became necessary for me to arrange my plans in such way that he would have no possible chance to sidestep me at the critical moment. In other words, it became necessary for me to get the dope on Kribs. personally, and then, through promise of immunity from punishment, compel him to give up on Mitchell.
In order to accomplish my ends, I decided that it would be necessary for me to appear before the Federal Grand Jury again, and to give testimony that would warrant indictments being returned against C. A. Smith, as well as Kribs.
I believed this within my power, and at the same time, I considered it possible, in the event of Kribs telling the whole truth relative to his dealings with Senator Mitchell, that I could, at some later date, bring sufficient influences to bear to secure the quashing of these indictments. My first step, therefore, if I hoped to accomplish my purpose, was to call upon Special Prosecutor Heney with a view of feeling his pulse, in a way. Upon entering his office, I said:
"Mr. Heney, during the course of your argument at the time of my trial in the 11-7 case, you remarked that there was no man too big, nor were there any too small, to escape prosecution by you, if it could be proven that he was guilty of committing fraud against the Government, and further, that you would prosecute the President of the United States himself if the crime was traced to his door. Did you mean that?"
"I certainly did," responded Mr. Heney; "and if you or anybody else can produce the evidence. I am ready to proceed."
"Very good," said I. "I know of a man, C. A. Smith, of Minneapolis, Minn., reputed to be worth millions, who has defrauded the Government out of upwards of 100,000 acres of timber lands in this State within the past four years, most of which was taken up under the Timber and Stone Act of June 3, 1878, by the process of 'dummies' operated through his agent, Fred A. Kribs, the hired locators being furnished the cash necessary in meeting all expenses by Smith and Kribs, and being under contract with the latter prior to filing whereby they were to turn over their claims to them as soon as they got title."
"Just furnish me with a list of names of these entrymen, together with a description of the tracts," replied Mr. Heney, "and I will commence proceedings immediately."
I thereupon related all of the circumstances connected with the transfer of the 33 claims in Township 14 South, Ranges 3 and 4 East, heretofore described Page 186
