The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-04-01


tiles in the way of habeas corpus pro-
ceedings, objections to the writ of re-
noval and other expedients to enable
the wealthy defendants to prolong their
stay. under the sunny skies: of Califor-
ria, which were never so dear:to them
as now The trial Of Hyde: Dimond
and their: alleged fellow conspirators
will not begin: at the Federal. capital
just yet if ever. -. %: =: III.
When court opened yesterday morn
ing Francis J: Heney, the Government s
special counsel had a few words-just
a parting shot at Hyde. He said :~s-: #.
. In considering whether the prosecution should
offer evidence in substantiation of the indict-
rnent before the defense is required to- call Its
witnesses your Honor should consider the rea-
tive difficulty Of making case for; the Coy
eminent and of making a case for the defense
. that would badly. dscredit the Indictment. on
the one side we should have to. call witnesses
by: the score and perhaps hundred from all
parts Of the country and bring here the records
of all the Western land offices as. well as
those of the General Land Office at Washing
ton. All this means weeks of labor for the
court and vast expense for the. Government.
r. HENEY'S SHOT AT HYDE.
On the other hand, how simple, Let them
put up the defendant Hyde on the stand for
Just three minutes of cross-examination by me
and that will be all that is necessary If he is
able to questions in accOrda nee
with his attorneys declarations: of his inno-
.cence.. / should first say. Mr.. Hyde. did you
ever enter into an agreement with John "A.
Benson 20 substitute fraudulent land titles
for genuine at the expense: of the United
States?, If we may believe; his counsel here.
Mr. Hyde would doubtless reply with great
Then 1 would ask a second question: Did
you ever select the tracts Of land outside the
to be exchanged for other tracts of equal
area held by you within those reserves And
he would answer Yes -
the last named tracts, the school lands of
California and Oregon. by means of false en-
tries and fictitious names and persons not
qualified to purchaser OF course he would
. Indignantly respond, NO.
That would end. it, so FAR as the defense is
rneylt: and compel the Government to produce
all this evidence which Mr.. Hyde's attorneys
Have to present to the court the witnesses on
whose testimony the indictment was found
and whom the defense has spent four days in
Bws why should VIC call these witnesses and
produce this documentary evidence before we
know whether. after that Is done. the defend
ants viii not then say. ''1'hanl; you: we have
no testimony" and use the knowledge they
bribery or forgery or subcrnation Of perjury
TO Wo:k up defense for the trial at Wash
inston? / mean no reflection upon tho emf
nent counsel on the other side but direct my
remarks TO their clients. '*..:e:
$3.50: THE DEFENSE CLOSES. |:@
-. -
Henev's elaborate and singing sar-
casm was hardly noticed by: the de-
PENDANTS counsel when they took adj
vantage. OF their right: TO the last word
on the motion. First. came Charles
S. Wheeler; who renewed his. forcibie
argument OF the: day before against
the jurisdictIon OF the court at wash
;ngton; still contending that the. In
dictment charged a+crime committed
I'M California and Oregon and there.
fore that the trial must be here. Then
McISnerney got back at the Govern
ment counsel. arguing that the prose
cution's method practically involved
the assumption that the indictment
was conclusive evidence of guilt.
NO So interrupted the ready
Heney. You are at perfect liberty
to put your witnesses on now and
contradict the indictment to your
hearts content. Hence it is not con-
elusive evidence of anything. 1t is
only presumptive evidence until you
meet it with some positive testimony"