The San Francisco call., 1904-04-20

Governments special counsel, Francis
J. Heney. The cross-examination was
hardly well started when the hour for
adjournment arrived, and ii may con-
tinue for several days. So far as it
went, Heney did not succeed in shak-
ing Dimond's direct testimony in any
particular.
On the opening of court Wheeler told
Commissioner Heacock that a por-
ton of the Hyde Dimond correspond
ence in his poshsession had been en-
trusted to him by Hyde, and that for
this reason he had not felt at liberty
to comply with an order from the Com
missioner which Heney had brought
him on Monday evening. This order
directed that Heney be permitted to
inspect all the Hyde Dimond letters
in Wheeler's hands; but for the rea-
son stated, Dimonds attorney said,
he would not show letters received
from Hyde unless the Commissioner
should specially order it.
I'VE contend that the Commissioner
had no right to make such an order
at all, and we want the letters return
ed to us" said Bert Schlesinger of
Hyde's counsel, and Garret w. Nc
EnGfney, the Same Cl1-
ent, added that Hyde was negligent
in permitting the letters to leave his
hands.
Il shall ask your Honor" Heney
said. Ito make an order now directing
Mr.. Wheeler to retain possession of
these letters. The Government can
not compel Hyde to testify against
himself. and therefore we are en-
titled to such an order at this time"
The order was granted
THE BREAK WITH HYDE.
Wheeler then put in a letter from
Jeremiah Collins. the Washington land
agent, and Dimond's reply to the
same, both dated in March, 1903, after
Dimond had ceased to act as Hyde's
attorney. Collins wrote complaining
that Hyde had failed to do anything
to meet the charges of the land Of
flee or TO clear up the clouded titles
to the lands he had sold as bases for
lieu selections. Dimond answered that
he had tried in vain to get his for
mer client TO do more than had been
done: that Hyde declared Elizabeth
Dimond. in whose name many of the
base lands stood. was not a fictitious
person. but a servant in the Morris
home at Oakland, and that the writer
himself believed that Joost H. Schnei-
der, on whose statement the Interior
Department was supposed to have act
ed in suspending the Hyde Benson Sc
lections. could not be trusted, as he
was apparently after money. Dimond
also said that if Hyde would persist
In his search he would probably be
able to find 80 per cent of the persons
who had located his school lands and
get affidavits from them that would
be of great assistance in clearing up
the tangle caused by the suspension
order
Then came a letter the witness had
written to Britton & Gray, Hyde's for
mer attorneys at Washington, relating
to the efforts to get Hyde to perfect
his titles. Dimond wrote that Hyde
had refused to accept these sugges-
tions, in which all the lawyers had
united. adding: His reply was that
he was going to handle the matter to
suit himself. and he intimated that he
wanted no suggestions from any one as
to what course he should pursue
Dimond had severed his connection
with Hyde on February 2S, 1903. This
made it necessary to explain the large
number of letters from him in possess
sion of the land Office relating to the
Hyde Benson selections and bearing a