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 "Hon. John H. Mitchell,Portland, November 26, 1904.

United States Senate,

Washington, D. C.

Defendants' attorneys refuse to admit truth of statements contained in your telegram to me of yesterday. Your testimony is still vitally important to Government. United States Attorney Hall did not consider your testimony important when you were here, but he now agrees with me as to its materiality and great importance. What was the name of the attorney who gave Puter the letter of introduction to you? Will you come, and when?

Hon. Francis J. Heney.

Special Assistant to the Attorney-General,

Portland, Oregon.

Telegram received. As I wired you yesterday, for reasons stated in telegram, it is simply absolutely impossible for me to go to Oregon at this time.

Hon. John H. Mitchell,

United States Senate,

Washington, D. C.

You neglected to give me the name of attorney here who gave Puter the letter of introduction to you. Please wire it immediately, so that I can use him as a witness for the Government, and oblige,"

It is noteworthy that Senator Mitchell omitted to reply to this last telegram from Mr. Heney.

While the defense had no knowledge of the telegraphic correspondence as above indicated, we were convinced, because of the message received by Mays from the Senator, and the opinion expressed by Congressman Hermann, that the Senator did not propose to be forced into the case, if possible to avoid it, and these telegrams fully corroborate this idea. The "prominent attorney" referred to, as the reader will readily understand, was my old pal, Franklin Pierce Mays.

Ex-Commissioner Hermann was not subjected to any cross-examination by the attorneys for the defense, and when he left the witness stand, was excused from further attendance.

He was followed by John Withycombe, chief draughtsman in the Surveyor-General's office at Portland, who testified to having made a large map of township 11-7, which was introduced in evidence. It was about four feet square, and exhibited the claims of the different homesteaders, besides the general topography of the country as indicated by the field notes from the official Government survey, as well as the Indian or "Minto Trail," which runs through the center of the township. In addition, it showed the various courses pursued by the Government agents while traversing the township in search of settlers' cabins and other evidence of improvements. This big plat was placed upon an easel in plain view of the jury, and was frequently used throughout the trial for their benefit.

After A. W. Barber, the next witness, had certified to the correctness of the map, counsel for the opposing sides offered to consent to an adjournment over Thanksgiving Day, but the jurors insisted that the case proceed. A compromise was finally reached by the Court suggesting that a morning session should be held, and this was agreed to.

The next morning Barber resumed the witness stand, and testified that he was a surveyer and civil engineer by occupation, and had been in the Government service for a number of years. He then proceeded to give full details of a trip he had taken into township 11-7 for the purpose of making investigations, accompanied by Robert G. Pierce, Benjamin Butler Pierce, Sebastian C. Dilley, and Truman W. Pritts, all of whom had borne an equal share in "packing" the camp effects. This trip, Mr. Barber stated, was begun about June 14, 1904, and completed within two weeks. Page 146