The San Francisco call., 1904-04-15
TURNING STATES EVIDENCE PROVES
UNEASY BUSINESS FOR w. D. HARLAN
Government Officer Breaks Down McEnerney Probes Into His
Story of DishonorAdds Sensational Charges Evidence
Against Alleged Land GrabbesHydes Office Boy Testies

veteran OIIlclal from the interior De-
partment at Washington, had con-
fessed that for a few hundred dollars
he violated his oath of office and sold
Government secrets to men now under
indictment for using that information
in an alleged conspiracy to defraud
the public. Garret McEnerney, attor-
ney for these defendants, who had
called Harlan to the stand, probed
deeper and deeper into this narrative
of dishonor until the aged witness, pro-
fessedly seeking to make such repara-
tion as he might. broke into tears and
for very shame turned to the Govern
ment side for protection from the re-
lentless rain of questions. Whether or
not the spectators believed the story
Harlan was telling in his effort to save
himself from punishment, it was pit
liable spectacle, and it provoked Fran
els j. Heney, counsel for the proSecu-
ton, to a unique bon mot. 1T is un-
constitutional" he said, "to infiict
cruel and unusual punishment for
crime"
Harlans testimony abounded in SEN
sations, and they did not end when he
left the stand. After he had told in de-
tail OF his alleged dealings with Ben
son in the interest of fraudulent land
operations. he was followed by Charles
Augustus Johnson. formerly employed
in Fred A. Hyde's office. The retired
Office boy corroborated the startling
testimony of Mrs. Belle A. Curtis and
Miss Marion Doyle, former stenogra-
pliers in the office. as to the manufac-
ture of affidavits, deeds and other legal
papers by accommodating notaries
public. who are said to have kindly af-
fixed their jurats and acknowledgements
without seeing the signers of the in
struments. Johnson was one of the
the notaries, and he told all about the
matter. His testimony. with that of the
two women named, is likely to cost the
notaries their offices.
SOLD OFFICIAL, SECRETS.
Woodford D. Harlan, formerly chief
of division p (forest reserves) in the
General Land Office, was recalled at
the opening of the days session and
questioned by Garret w. McEnerney,
Hyde's attorney, as to the details of
his alleged relations with John A. Ben
son. The witness declared that Ben
son had told him that the partnership
formerly existing between himself and
F. A. Hyde had been dissolved. Har-
lans interviews and correspondence
with Benson were recounted, together
with the advance information which
his official position had enabled him to
furnish the veteran 'scripper" regard
ing the Interior Departments plans
for new forest reserves in California,
oregon and Arizona. For these secrets
of the Land Office Benson had prom
ised TO pay "a reasonable compensa-
tion," and accordingly, from time to
time, currency was sent, as agreed, to
r. |. Smith at Tacoma Park, Washing
ton, ID. c. Smith was the witness
son-in-law, and turned the letters over
to him. Up to May, 1902, $3.50 had been
received in this way; $500 was paid be-
tween that date and December, 1903.
when Benson's final payment of 5000
was made-a total of S1150
Regarding his interview with Ben
sQn at the time of the latter's visit to
Washington in May, 1902, Harlan said:
! told him all about the plans of the de-
partment for the creation OF the San Francisco
Mountains reservation in Arizona-how the
Secretary OF the Interior had agreed with the
railway company and many smaller owners
L, consolidate number of small reserves viii
the Intervening territory into one immense
reservation Benson said l was too slow.
as he had already received much OF the same
information through his attorneys. Britton &
Gray OF Washington, who also attorneys
for Some Of the owners of the base lands that
would be included in the new reservation. But
he went downstairs and on coming back he
told me 1 should find something on the bed
as l went out. and ! found envelope con-
tanning $50 note.
PLAN TO TRAP BENSON.
as to his last interviews with Benson.
which the witness said occurred on
December IL and Is, 1903. These were
just after the visit of December 16,
which Special Examiner Walk testified
he paid to Benson by direction of Will
liam j. Burns, the secret service man,
who was then working up the case
against the alleged land grabbers and
who had already forced confessions
from both Harlan and Walk. The story
told by Harlan yesterday was in SUBJ
stance as follows:
On December II last at the request CT
Burns called on Benson his room No. 2l3
In the Willard Hotel. l told him about
the Investigation OF the land frauds then IN
progress and suggested that ] was acquainted
with the stenographer who was taking the
Z statements OF the persons examined and that
this stenographer anxious to make some
money. He wanted $1,000. told Benson. for
writing out the evidence in the Government g
hands but would read his notes to Benson
for $500. Benson did not make any final
reply 10 nv proposition that day but he
asked particularly TO the confession OF j..
J Barnes a land office clerk. who had charge
OF the state school land records in Division G.
He told me TO call again the next day for d
fuller conversation; be was just then leaving
Washington for hurried trip 10 New York
How you off for pictures?" he asked
me- as l quitting his ROOM / answered
that / was pretty short.
so am l. he said but when I get back
from New York tomorrow | shall be better
supplied and when you call l Will give you
/ By pictures I understood that he meant
500 bills. The next afternoon. December Is.
/ | saw Benson at the Willard and he asked
me what ! had been able to get out OF The
stenographer since my call the day before.
/ said the stenographer was not inclined to
| talk much but that he had told me the
names OF some persons whose statements be-
/ fore the committee he had taken down in
shorthand These were J. ]. Barnes, Herbert
Clarke Duncan McNee Miss Glover, Walter
X Slack. Joost II Schneider and others
| nearly all persons who had been connected
with HYDE or employed in his office. Benson
| then said that the stenographer's notes
related to Hyde more than TO himself he
/ didn't see why he should pay for what might
/ have no value to him. He proposed to do
/ nothing about buying the copy until after his
return to California. l urged that he ought
/ 10 close the deal with the stenographer at
/ once but he put the matter of. and nothing
ever came Of IT.
HARLAN VISITS BATHROOM.
Before 1 left Benson asked me: Don't YOU
want to go to the bathroomg' | said Eyes, .
and on going there found four $50 gosd certif-
! cates lying on the washstand. / put these in
my pocket Returning to the other room /
! told Benson that I thought he was being
watched and that 1 had seen in the
hotel lobby down stairs, who looked like
J Rnrns the treasury detective.
sDon't YOU think II may be dangerous for