The San Francisco call., 1904-04-21

animation by Francis j. Heney, spe-
cial counsel for the Government in the
land frauds case The witness was
legged illegal acts of his former client
and present codefendant, Fred A. Hyde.
He admitted that his dissatisfaction
with Hydes acts and statements had
led him to cease to act as the land
spectators attorney and that he had
failed thereafter to disclose his knowl-
edge to the Government agent who
questioned him regarding Hyde's meth
ods, but he stoutly protested that moth
ing he had ever known or done or
failed to do made him in any way
party to the conspiracy to defraud the
Government. as charged in the Federal
Grand Jury's indictment.
The days work brought out more
fully the story of the rupture between
Hyde and Dimond when the latter re-
turned from Washington last year dis
gusted with his clients refusal to fol-
low his recommendations. incidentally
the witness charged Hyde and Benson
with having treated him most illiber-
ally in the matter of payment for MS
professional services in the deal nego-
tiated by him with the Seligmans IN
New York for the purchase OF the Aztec
Cattle Company's vast holdings In Ar1-
zona. This testimony gave Welgnt 10
Dimond's denial that he and hyde are
now cooperating in their defense-a
denial emphatically indorsed by all the
attorneys for the two defendants con-
cerned in the current proceedings be-
fore United States Commissioner Il. III.
Heacock.
More of the Hyde -Dimond letters
were introduced in evidence, and Heney
obtained from the Commissioner rul-
ing admitting as to botb the DEFEND
ants that portion of the correspondence
which was put in by Wheeler during
his direct examination of his client.
This decision was made against the
strenuous objection of Garret W. NC
Enerney, Hyde's attorney
THE ACT OF 1897.
when Hyde talked with you in the
spring of 1901 about going to Washing
TON in his interest what did he say con-
corning the repeal of the forest reserve
act of 1892" was Heneys first ques-
ton. 1t opened the way to mass OF
testimony in part as follows:
HYDE said it was likely the act would be
repsaled as many attempts to tinker IL nau
mann was believed to be trying 10 get II n
pealed altogether. Hyde told me 10 Keep ,It 11aen
OF these movements against the ACT. When
he came to Washington in OCTOBER, iSVl, ne
asI,ed me TO prolong my stay there in order
TO keep track of possible legislation, ana ne
then exclaimed that he was indlnerent 70 she
proposed repeal provided former rellnquisn,
ments were protected In December advlseu
him that come bills the subject had oeeh
% 1901 he replied, saying among other
things: Better devote yourself 20 protecting
the existing surrenders. There should DC no
trouble in getting such a proviso lns.rteo IN
the new act / might spend lot OF money
in trying to prevent the repeal OF tue preseHt
law and accomplish nothing. never MAGE
any money in a general scramble with curb
stone brokers because l cannot work for a
per cent commission. ! profited only wnere
had monopoly Of brains or opportunity.
What did Hyde mean, asked
Heney, when he said he had been
scrambling with curbstone brokers? 2"
HENEY HINTS AT COLLUSION.
This started a lively alteration
among the attorneys, in which the
question was lost sight of. Wheeler
protested that Hyde's sentence could
not be so interpreted, and McEnerney
iocularly offered to referee the scrap"
between Hydes attorney and Govern
ment counsel. Heney finally asked
the witness:
do you not know that Mr.. Wheeler
is now acting on behalf of Mr.. Hyde in
this proceeding"
II can answer that question" cried
Wheeler, springing to his feet. The
law firm of Bishop, Wheeler & Hoef-
ler of which l am a member, repre-
sents Hyde in the Contra Costa County
land case, which has nothing to do
with this proceeding. Ny employ
ment for Mr.. Dimopd here has no
connection with that case and is not
in any way related to Hyde. 1t is true
that Hyde endeavored to obtain the
services of my firm, but l refused
and recommended that he retain Mr..
McEnerney.D
'.The Government is entitled to
know whether this witness is cooper
ating with Hyde said Heney.
mot in any way chorused the at
torneys for Dimond and Hyde.
Wheeler added: IF the Government
can show any connection between the
fact, however, there is no such connec-
ton
Mr.. Heney," Dimond said, bending
forward and trembling with emotion
as he spoke: II alone am employing
Mr.. Wheeler, but he is doing me the
greatest act of kindness 1 ever re-
ceived. He is acting for me without
compensation. Mr.. knight l expect
to pay, but it will come wholly out of
my own pocket"
NOT A GOVERNMENT WITNESS.
You remember that sent you an
offer to accept any statement you
might make to me and promised, II
you could clear up certain matters, to
move that the complaint as against
you be dismissed 20 was Heney's next
query.
x,H sfrT1T nr1