The San Francisco call., 1904-04-27

as similar questions had brought like
objections every time the detective had
been called by the defense. The Fed
eral attorney cited the decision handed
down by the United States Supreme
Court within the last fortnight in the
postal frauds case of G. w. Beavers,
holding that the indictment itself, until
contradicted by positive testimony, es-
tablishes a prima facie case sufficient
to hold defendant for trial, and that
the defense is not entitled to impeach
the indictment even by testimony tend
ing to show that the Grand Jury acted
on insufficient evidence. Heney con-
tinued:
This is another fishing excursion but. under
the doctrine OF the Beavers decision, the de-
fense has no right to expose what occurred be-
fore the Grand jury. When this hearing
opened tie defendants first attempted to at
tack the Indictment. Then, finding themselves
in hole. they said: We canont be hurt
than now let find out
what evidence they presented TO the Grand
Jury" Hence they have been weeks calling
Government witnesses and questioning them in
order that they when the trial comes at
Washington, may have manufactured evidence
to meet that of the Government. I will go
farther and say that they have manufactured
your Honor from seeing the marks of author
ship upon II.
I'VE insist that we have a right to
question Burns as to facts bearing on
the authorship of the anonymous let
ters," said Knight. I'VE challenge
counsel to put his finger on a bit of
manufactured evidence
Il can point out a Dozen" retorted
Heney.
That comes with poor grace when
the Government is picketing my office
with detectives and shadowing Dimond
day by day" was Knights rejoinder.
Nonsense" laughed Burns in the
witness chair THE Government is
doing no such thing. No detective on
my staff is bothering Mr.. Knight or
his client"
I'VE propose to ask this witness as
to his knowledge of certain facts stated
in the anonymous letters and to show
by his testimony that these facts were
locked in the bosoms of two or three
men, of whom Dimond was not one"
Il will permit you to ask your ques-
tions,'' said the commissioner, and
will rule on them when I hear them
But will limit the questions very
strictly to the lines defined in the
Beavers decision"
HE REFUSES TO TALK
Then, in answer to Wheeler's ques-
tions, Burns told the court that he had
first come to California to work UP
this case in June, 1908, and had re-
manned here until the following Sep
tember, not returning till February of
the present year. He had marked the
money Harlan and Walk received from
Benson in December last, but had not
telegraphed anything about these mat
ters to any person in California Burns
added: Il never knew that Town Talk
and the Examiner had received anony-
nous attacks on Hyde until Mr. Heney
told me yesterday that he had this
information from counsel for the de-
fense."
did you ever report that a woman
named Ellen Ellsworth had been writ
ing anonymous letters to Hyde?" asked
Wheeler.
YES" said Burns; 81 told Mr. Heney
that she had been writing such letters
to Hyde-letters that related to his do
mestic affairs"
Whence came that information
II decline to say"
Heney objected to the question, and
Commissioner Heacock sustained the
objection.
Have you ever met that woman?'