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At this conference Senator Mitchell suggested changing the partnership agreement in a manner to exonerate him, and Judge Tanner called his attention to the fact that Harry C. Robertson, Mitchell's private secretary, had typewritten the original document, and "it would hardly be safe unless we could count on him in the matter," as Tanner expressed it. "Well, you fix it up and I will manage Robertson," Senator Mitchell had responded.

Judge Tanner testified further that he told Senator Mitchell upon this occasion that although it would necessitate perjury upon his part—something he had never done before in his life—he would stand by his partner and do what he could to help him. The next day he prepared the fake contract, dating it back to March 5, 1901, and had his son run it off in duplicate on the typewriter. Taking it to the hotel he showed the agreement to Senator Mitchell, who, after perusing it carefully, remarked :

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