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 course, that the affidavit bore her signature written as "Emma L. Watson," in full, as did the homestead application, filing and final proof blanks bear the signature "Emma Porter," written also by Mrs. Watson when she secured a claim in township 11-7 under that name.

It became necessary, therefore, to establish Mrs. Watson's identity first; to follow this with the identity of certain correspondence which had passed between Senator Mitchell and Commissioner Hermann, to prove her connection with the claims referred to; this to be followed by the introduction and identification of the affidavit named, and finally, to introduce the original papers used by Mrs. Watson in acquiring her claim under the name of Emma Porter, after which there would be little or no difficulty experienced in proving the handwriting on the affidavit and title papers identical, thus tending to establish the Government's case against the accused.

Under the circumstances it will be seen that the point at issue was of vital importance to the prosecution, and as Hermann had successfully withstood Mr. Heney's inquisition—without taking his conscience into consideration relative to telling the "truth, the whole truth, and nothing but the truth"—it became -a matter of utmost importance to secure Senator Mitchell's appearance as a witness. The telegraphic correspondence between Francis J. Heney and Senator Mitchell on the subject of the latter's attendance as a witness for the Government in the 11-7 case follows:

"Portland, November 24, 1904.

Hon. John H. Mitchell,

United States Senate,

Washington, D. C.

Was surprised on my arrival here to take up the prosecution of the Puter-Watson land fraud case, to find you were not subpoenaed, and immediately made inquiries for the purpose of intercepting you, and was informed you would reach St. Paul last Sunday morning, and wired U. S. Marshal there last Saturday to deliver message to you on Sunday's train. He wired that he failed to find you. It is vitally important for the prosecution to prove by you that Puter and Watson delivered to you their certain affidavits, which you sent to Commissioner Hermann, with your letter dated March 3, 1902, urging him to make special the twelve cases of homestead entries referred to in the abstract attached to said affidavit of Watson, and urging consideration thereof without delay. Without your testimony, the Government's case may fail, and these guilty rascals go unwhipped of justice, and I therefore urge you to treat this telegram as a subpoena, and to return immediately to Portland, as a witness for the United States. The case will not be concluded before the end of next week. Please wire when you will start, and oblige,

(Signed)FRANCIS J. HENEY, Special Assistant to Attorney-General.

Washington, D C, November 25, 1904.

Hon. Francis J. Heney,

Assistant to the Attorney-General,

c"

- o Hon. John H. Hall, U. S. District Attorney,

Portland, Oregon.

Your telegram of yesterday reached me at 3 o'clock today. It is the first intimation I have had from any source that my testimony was desired in any of the prosecutions for land frauds in Oregon. It was known by United States District Attorney Hall that I intended to leave Portland for Washington City on the evening of November 1.5, and no suggestion was made to me that my testimony was desired. I did pass through St. Paul Sunday morning last, arriving there on the Northern Pacific train at 7:30 o'clock and leaving on the Burlington at 8:20 o'clock for Chicago. Surely every opportunity was open to have had me subpoenaed. Had this been done, I should have deferred leaving until the trial was over, but it is simply impossible for me to leave here now. I will here state, and possibly the attorneys for the defense may be willing to concede, that I would so testify if on the stand, that the affidavits of Emma L. Watson and S. A. D. Puter, which were forwarded by me to Commissioner Hermann in my letter of March 3, 1902, were handed me here in Washington by S. A. D. Puter, on or about that date. At that time Mr. Puter brought a letter of introduction to me from a prominent and reliable attorney of Oregon, vouching for his reliability. This is my whole information in regard to the matter. Very strong reasons being given why early action in the Land Department should be had, explains my letter transmitting the affidavits to the Commissioner.

(Signed)JOHN H. MITCHELL. Page 145