The San Francisco call., 1904-04-19

the public is paramount and absoIves him ir
such case from his duty to his client Such
is the law laid down by the highest English
court and followed in many American le.
cisions
Il am indebted to you for citing that
decision" said Commissioner Heacock,
"and am glad to admit that l was
wrong last week in excluding this cor
respondence. L felt. then that it was
monstrous that the defendants mouth
should be closed and gladly learn that
l was in error. The petition will be
admitted"
we except to your Honor's ruling,
said McEnerney.
The petition was then read by
Wheeler. This was the document pre-
sented to Secretary Hitchcock when, in
May 1901. he visited San Francisco in
company with President Mckinley. 1t
protested against the order suspending
for investigation all forest lieu selec-
tions in which Hyde's school lands
had been offered as bases of the ap-
plications. The document set forth in
detail the selections affected by the
departments order Among it's signers
Elizabeth Dimond This brought out
the declaration from the witness that
when he went to Washington for Hyde
in the summer of 1901 he still believed
his clients assertion that Elizabeth
Dimond was an existing person, but
that he later discovered that this was
false. Then he testified it was not un-
til the winter of 1902 that he learned
the suspension order had been made
final
SCHNEIDER Is BROUGHT IN.
What did Hvde tell you about this
order?' the witness was asked, and he
replied:
He said he was informed the order was
based upon some statement Joost H Schneider
had made 20 land office representatives. Up
10 that time | had suspicion that there
was anything seriously wrong with Hyde
selections. He said he did not understand
what Schneider could have said that would re-
suit iE such an order. why Schneider had
Said anything. because he haa treated the
man like a brother. He would send Walter
h Slack down 10 Tucson to find out what
Schneider had been telling A week later
Hyde told me that all Slack had been able to
learn was that Schneider had said the names
of Elizabeth Dimond and Jennie Blair in the
Hyde selections were fictitious. Hyde said he
could produce Elizabeth Dimond though Just
then he did not know where she was and
mat ne had never used the name of Jennie
Blalr he wanted me to hurry my proposed
Eastern trip and stop at Tucson to see Schnei-
der. as he wished to know more about what
Schneider had told the Government
In December. 1902. I started East via Tue
son. where / had an interview with Schneider
He was 10th to talk. but finally admitted
that he had turned against Hyde because of
the latter's bad treament of him. He ad-
mit.ed that when he left Hyde's office he
had received $1,000 and that his employer had
given him $1,000 on his marriage but he be-
lieved that he was entitled to more. Schneider
told me he had obtained many bogus titles
for Hyde, and that he himself had invented
the names Elizabeth Dimond and Jennie Blair.
well as others he could not recall that were
used in Hyde's land transactions But he told
me nothing S 10 his fraudulent methods of ac-
quiring lands in Oregon beyond saying that
he himself put the names in the certificates
Schneider seemed SO anxious for money and
ready TO promise TO stop his revelations if
Hyde should pay him enough that l believed
what Hyde himself told me- namely that the
man was a blackmailer. This belief l COM
municated to Hereford & Hazard. land attor-
news at Tucson. who were interested in selec-
tions based on school lands bought from HYDE
but l also told them that / should not con-
tinue Hyde's attorney unless he should
clear himself
Then / went East and on arriving at Wash
ington ] found much excitement there over
the Suspension order j wrote Hyde several let
ters on the subject and have his replies
The letters then produced by the wit
ness were the revelation of the day.
They were admitted over McEnerney's
objection. the Commissioner ruling
that they were admissible as to Di-
mond and would not be considered
against Hyde. But they put the Gov
ernment and the public in possession
of documentary information not before
known to exist.
ADMISSIONS TO DIMOND.
The witness asserted that his first