The San Francisco call., 1904-08-16
HYDE AND DIMOND INVOKE
AID OF LACOMBE RULING
Seek to Evade Trial at Federal Capital on Plea
of Prior Adjudication in Benson CasezGovern-
ment Counsel Question the Washington Decision

VIII the Federal Judges IN San
Francisco consent TO accept as the law
governing the NEUTRALITY-SUSPICIOUS.
land frauds case the decision recently
rendered by Judge E, Henry Lacombe
OF the United States Circuit Court in
New York when he discharged John
A. Benson from the indictment, hold
ing that il failed to set forth a crime
against the United States? This is the
question involved in the series OF legal
battles that opened yesterday, when
counsel for the Government an
nounced that Lacombe's decision
would be vigorously contested on ap-
peal before the higher courts and
asked United States District Judge de
Haven for an order removing Freder-
lex A Hyde and Henry P. Dimond TO
washington for trial on the indict-
ment found by the Grand Jury of the
District Of Columbia accusing them,
together with Benson and Joost H
schneider, Of conspIring to defraud
the United States out of vast areas Of
public lands.
Judge de Haven gave the entire day
10 hearing arguments for and against
the motion for removal and at their
conclusion reserved his decision. This
viii probably not be announced for
several weeks, as his Honor will have
70 consider not only the long briefs
filed BY the lawyers, but also the great
mass OF testimony taken before Com
missioner Heacock in the preliminary
which lasted from March % to May
IA and resulted in their being held for
trial Should he decide against the
defendants they Will begin further
proceedings before Circuit Judge Nor
row TO obtain their discharge on
writ OF habeas corpus.
The hearing brought TO the bar
most OF the distinguished lawyers who
battled together for nearly two
months before the Federal Commits
sioner. On the Government side were
present Francis J. Heney, special
counsel; Marshall B. Woodworth,
United States District Attorney in this
city. and Judge A B. Pugh, one of the
attorneys Of the Interior Department,
who has returned 10 San Francisco
f-cm Washington 10 aid in opposing
the great fight which the Hyde-Di-
mond attorneys viii make to save their
clients from being tried at the Fed
eral capital.
For the defendant Hyde Attorneys
Garret McEnerney and Bert SchIes-
niger were there For Dimond only
Samuel Knight appeared in court.
Charles s Wheeler who led in Di-
mond's defense during the first part
Of the preliminary examination be-
fore HeaccOck, but was absent from
IL after the now celebrated Anonymous
letters became the turning point OF
the Government case against his client,
tailed 10 be present Both Hyde and
Dlmond we're IN court, Hyde sitting
with his counsel, Dimond lingering
timidly IN the rear Of the room.
APPLIES FOR REMOVAL.
District Attorney Woodwork set the
ball rolling when he made the appli-
cation for the order of removal Then
Judge de Haven let IL be known that
he had no intention Of doing Commis-
sioner Heacock's work over again.
Gentlemen" he said, 4 shall give
to-day and to-day only to this hear
ing Let each side take half the time
and divide its portion among the at
torneys as you please. Proceed az
once"
Thus impeIled. schlesinger opened for
the defense. he read a formal plea
Of prior adjudication - This raised the
point that Judge Lacombe's decision in
the case OF Benson. one Of the four
alleged Co-conspirators. holding that
the Indictment failed 10 show a crime
against the United States, must be
deemed binding on the courts of this
circuit until reversed by the Appellate
Court Then SchIesinger read several
Federal decisions IN support OF this
contention. He concluded his argu-
ment by calling attention TO many OF
the points made on the hearing before
Heacock and urged that to take Hyde
and DimOnd 5000 miles away from
home for trial would be a hardship
not contemplated by the statute and
z grave violation of their rights.
Knight then argued for more than
an hour. devoting himself mainly 10
an attack upon the jurisdiction OF the
Supreme Court of the District Of Co
lumbia, in which the Indictment was
found, and TO pointing out defects in
the Indictment itself. In opposition 10
the Governments demand that the de-
fendants be tried at Washington, he