488
THE GREEN BAG
contending that Tanner was Mitchell's at torney at the time when the transaction took place, and that therefore he could not be permitted to disclose any communica tions which had passed between them. It appeared that Senator Mitchell, prior to that time, had telegraphed Judge Tanner to see the government attorneys and endeavor to prevent his indictment and that Tanner had interviewed both the United States District Attorney and his assistant in Mitch ell's behalf. The defendants contended that this made Tanner Mitchell's attorney. Tan ner said that he did not so consider it and the court therefore admitted the evidence. Senator Mitchell did not take the stand in his own behalf. The case was closely and ably tried, Francis J. Heney, of San Francisco, repre senting the government, and Alfred S. Ben nett of The Dalles, Ore., and John M. Thurston, of Washington, D. C., representing the defendant. It is announced that Senator Mitchell's counsel will carry the case to the Supreme
Court, and it will be noted from the fore going that they have several interesting legal questions to present. This is but the first of a long series of trials which are likely to consume the time of the Circuit Court of the United States for the District of Oregon for many weeks. As this article is written the court is entering on the trial of Congressman J. N. Williamson, who is charged with conspiracy to fraudu lently secure government lands in Crook County, Ore., by inducing dummies to homestead these lands in the interest of Williamson and his associates. The trial of Binger Hermann, congressman from the first district in Oregon, and at one time com missioner of the General Land Office, on the several indictments found against him, is likely shortly to follow. Three of Ore gon's state senators and a large number of men of prominence in the state are under indicment in connection with these same prosecutions. The total number under in dictment is about sixty. PORTLAND, ORE., July, 1905.
