The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-03-29
FIGHT FIERCELY
ON LAW POINTS
Attorneys For and Against
Government Again Battle
in the Land Fraud Case
EXPECT RULING TO-DAY
Indictment Attacked Once
More by Defense-Many
Witnesses Attend Court

In the land fraud case the attorneys
for Fred A. Hyde and Henry P. Di-
mOnd made another brave attempt yes
terday before United States Commis-
siOner Heacock TO have the Govern
ment's complaint dismissed and their
clients discharged The argument con
sumed the entire day and will continue
at 1890 this morning The first motion
To the same effect was made last Wed
nesday, when the Government had
rested its case. after introducing the
Indictment found by the Grand Jury
OF the District Of Columbia. The com
missioner then ruled that the indicl-
ment established a pima facie case
sufficient to hold the defendants for
trial, unless they should contradict it
by substantial evidence. Counsel for
the defense not only tried yesterday to
induce the commissioner TO reconsider
this decision. but made a fierce attack
upon the indictment itself as insult
flcient, defective and charging no crime
against the United States.
GOVERNMENT WITNESSES.
In their effort TO reverse the com
missioner's ruling Of Wednesday the
=
court yesterday all but three of the
Government witnesses on whose tes-
timony before the Grand Jury at Wash
ington the Indictment was found.
Those present in answer TO the sub
penas were Walter X. Slack, Charles
A Johnston, Woodford D. Harlan. VIII
liam Z. Walk, John McPhaul. William
J. Burns, Benjamin F. Allen, Grant I.
Taggart, Miss Marion L. Doyle and
Mrs. Belle A Curtis. The presence q
these ten witnesses having been noted
Bert Schlesinger of counsel for the de-
PENDANT, Hyde, said:
As preliminary 10 a motion TO dis
miss the indictment, if your Honor
please we win call William J. Burns
The well-known secret service man
took the stand without objection from
the Government side, and in answer TO
Schlesinger's questions admitted that
he was the special agent assigned 10
the case and L at the only Government
witnesses before the Grand Jury =. no
We're not then before the commissioners
were J. Knox COrbett, postmaster 3
Tucson. Ariz. D. Alexander an eb,
stracter of land titles living at Port
land, Or, and Thomas McCuske~ a
contracting freight agent for the South
err Pacific Railroad, also living al
Portland
Have you talked with these wit
Burns was asked.
Yes; with each Of them" ne re-
piled. and 1 am familiar with what
they are prepared to tell"
ATTACKS INDICTMENT.
That is all" Schlesinger remarked.
Counsel for the Government had no
crOSs-examinatiOn. The attorney call
ed none of the other witnesses, out at
once moved the discharge of the de-
PENDANT The point made by having
the witnesses in court was used for all
it was worth, and then he attacked the
form of the indictment on which the
Government is trying TO hold Hyde
and Dimond without disclosing its evil
dence before the trial Schlesinger
said among other things:
We demanded preliminary examirat'c d.
and are entitled 10 have the evidence on
which the indictment was found. The Gov
eInment's witnesses are all present here to-day
within easy reach as Mr. Burns has
shown, and we should be permitted 10 cross
examine them
But should your Honor still hold TO the view
that indictment may raise presumptive evil
and suffciency or the Indictment several
grounds. First. II fails to point out a single
case Of fraudulent title in the lands conveyed
, by the defendants 10 the United States Tne
allegations OF fraud all directed TO the
methods Of obtaining the California and Ore
Son schoDi lands transferred 10 the Govern
ment. The defendants charged with de-
fraudinz these States in one or another OF
three Vays-by using fictitious names By
using names OF persons not IN good faith de-
sirinG to buy the school lands FOR their own
use or bv using the names OF persons nor
Z legally entitled TO purchase the same Put
the Indictment does not specifically set forth a
single where California OF Oregon has
been defrauded by either method. If ii had
specified any where lands had been OBJ
tanned in any one OF these ways it would be
good.
Furthermore II fails to show that a crime
has been committed against the United States.
Assuming that the school lands orig
inally obtained by one Of the methods named
how has the Federal Government been de-
frauded? IL holds these lands by good title
as an innocent purchaser for value. Its title
cannot be questioned by California or Oregon.
II the defendants have committed any act OF
frs-d II IS these States that they are an
sVerabls But is California OF Oregon de-
mandin= the return OF the lands7 No. The
Government is only defsming its title
After citing many cases in support
Of his contentious, Schlesinger con-
cluded by asking that the proceedings
be dismissed on the ground that the
Indictment was defective, that it was
not the best evidence available in view
OF the presence of the Governments
witnesses and that the trial should
take place in Washington or Oregon.
He was followed by Samuel Knight
one of Dimond's attorneys. who asked
especially that his client be discharged
because the indictment failed TO show
that he had any guilty knowledge of
unlawful acts on the part of the al