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Show MITCHELL MUST STAND TRIAL His Abatement Plea Is Turned Down. Every Contention Made by District Attorney Is Sustained. Land Fraud Cases Will Now Be Tried on Their Merits Senator Disappointed. PORTLAND. Or , April 25 Without exception ex-ception every contention made by United States District Attorney Francis J. Heney 111 his argument against the p'ea In abatc-rnj abatc-rnj at Rled by United States Senator John H. Mitchell, is supported by Judge Bellinger Bel-linger of the United Stales court for the district of Oregon. t ho rendered a decision de-cision of about 9000 words on the plea of abatement today. Juror Was Qualified. The contention of Mr. Heney that George Guistln, a member of the Federal grand jury which Indicted Senator Mitchell, Mit-chell, was duly qualified to serve, was supported The defense contended that Guistln was not a citl.cn of the United Slates Fudge Bellinger holds that Mr. Heney may prove Gulstln's citizenship by m :.ns nf afiidavlts. The reading of the decision occupied three-quarters of an hour. Besides Senator Sen-ator Mitchell, there were present In the c6urtr0pm a number of attorneys for other defendants In the land fraud cases, and a number of prominent attorneys from this and neighboring cities. Entertained Much Hope. That Senator Mitchell was greatl) disappointed dis-appointed w is evident to all who watched him as the reading of the decision pro-ci pro-ci 1 iled Upon the plea in abatement much hope ha-.l been placed, not only by Senator Mitchell, but by many others charged wilh alleged complicity in the Oregon land frauds. Removes All Obstacles The decision in effect decides all the pleas In abitement Bled by the defendants and removes all obstacles to the trial on the real issues of the i-:mi s The indictment against United States Senator John II. Mitchell, upon which the plea in abatement ruled upon by Judge Bellinger was based, was returned b the late Federal grand Jury February 1 and charges the Senator with a violation of Section 1S72 of the United States Reviser! Statutes, bv accepting compensation for expediting land claims before the Reneral land offke while Blnger Hermann was Commissioner. What Indictment Charges The document sets forth that prior to February 1."?. V:. Frederick A Krlbs. of this city, acting as attorney; and selector foi 1 large number of claimants, sought the services of Senator Mitchell to ex-I. ex-I. illte patents on entries aggregating many thousands of acres which were fraudulent in character, and that Krlbs paid Senator Mitchell the following amounts through the law firm of Mitchell & Tanner as a fee fur Ki tting Uommis-sloi Uommis-sloi i-r Hermann to pass the entries, to wit: Feburua.-v 13. 1902 $.V0; June 14. 1M12. S1000; rune 14, W2. 11000 (two payments ir one da ; September 2i 1902, $r0. Janu ary 1 1904. 53o, and October lfk'-l. JIOo, a total of ?.'iT55. Witnesses Who Testified. The following witnesses gave testimony before the rm'i Jury, and it was upon Uheir evldep. e that (he Indictment against Senator Mitchell was returned! A. H. T;ninr A II Tanner, Jr. Frederick A. KKbs J I. Green, R W. Hoyt J. W Newklrk Annie c Spencer, Edith Bern, P. D. Cunningham, L. E. Burnett, and Margaret O'Brien. |