The San Francisco call., 1904-04-27
HYDE REFUSES TO AID IN PROVING
DIM0ND DID NOT WRITE LETTERS
Will Not Produce Another Series of Anonymous Communications That Were
Sent Question of Authorship Is Turning Point in Land Frauds
CaseAempt to mpcate Detective Burns With the Documents


terday in their attempt to controvert
the Government charge that their
client wrote the anonymous letters
which have suddenly become the turn
ing point Of the preliminary examina-
tion before United States Commissioner
Heacock. They tried TO put Dimonds
co-defendant and former client, Fred
A. Hyde. on the stand. Hyde refused
to testify on behalf OF his alleged fell
low conspirator. Had he consented, he
would have been asked to produce a
series of other anonymous letters with
which. for three years, il is claimed,
he had been annoyed-letters Of sour
rilous character.
On Hyde's refusal 10 testify Wheeler
and Knight, Dimond's counsel, alleged
that the commissioner should or
der him to the stand. They declared
that these hitherto unmentioned let
ters would conclusively appear to have
been written by the same person that
wrote the epistles sent to Secretary
Hitchcock Of the Interior Department.
to William ]. Burns the Government
detective. and to Dimond himself. But
the commissioner was unwilling to
make an offhand ruling that Hyde
must take the stand, and the question
was reserved for decision later.
Dimonds counsel then recalled De-
tective Burns and tried TO force him TO
answer questions regarding his knowl
edge on the subject of the anonymous
letters already in the case. But the
secret service man told no more than
he wanted to, the commissioner sus-
tanning the objections of Government
Counsel Heney that under q recent de-
cision Of the Supreme Court many of
Wheeler's questions were inadmissible.
These questions brought into the case
a mysterious former friend Of Hyde,
one Mrs. Ellen Ellsworth, who, it is
hinted, is the author of the letters
which Hyde does not want to disclose.
The claim of Dimond's counsel now is
that this woman wrote the letters al
ready in evidence at the suggestion of
Government agents in order that they
might be used in some way against
Dimond.
On the opening of court defendant Di-
mond was recalled by Samuel Knight,
Of his counsel, for further redirect ex-
animation. This proved brief, Knight
merely calling out additional denials of
knowledge regarding facts mentioned
in the anonymous letters. Then the
witness was permitted to leave the
stand temporarily, while his counsel
tried a new line of attack on the Gov
ernment's charge that he wrote the
letters.
OTHER ANONYMOUS EPISTLES.
we desire to call Mr.. Dimond's CO.
defendant. Frederick A. Hyde" said
knight, in order to prove the receipt
by him of a series of anonymous let
ters during a long period before the
beginning of this case. The scurrility
OF these letters is such that Mr.. Hyde
is extremely reluctant to produce them.
but their Importance TO our client, Di-
moni is so great that we are forced
to disregard this objection"
This is a joint proceeding" inter
jected Garret w. McEnerney, Of Hyde's
counsel, and therefore you have no
right to call Hyde. He will decline,
under our instructions, to be sworn
This brought Dimonds other attor-
ney, Charles S. Wheeler, to his feet.
He said:
The authorship Of these anonymous letters
has for the moment overshadowed all other
issues in this case We have suddenly been
stunned by the assertion that client, a
OF unimpeached character, descended TO the
contemplate course Of writing these letters.
and he is now charged with adding blackmail
and perjury 10 his alleged conspiracy. We
are content 10 let his guilt OF innocence stand
upon the question Of his authorship Of the
letters. II IL not tco much to say that
know he did not write them and We purpose
10 show who did. II the court will authorize
us 70 put Mr.. Hyde the stand we shall
before letters n
evidence were concocted Hyde receiving
other anonymous letters-letters that exhibit
the scOun6relism Of demon and the cunning
OF a rat. These letters are in exactly the same
style Of typewriting as the anonymous com
mUnications received by Dmond, by the Sec
retary Of the Interior and by Mr. Burns.
We are also prepared TO show that on Au-
gust ?. 1908. Town Talk received an anony
nous letter containing similar charges against
Hyde and the allegations regarding the
confession Of J. II. Schneider 10 the Govern
ment. With this letter inclosed a $50
gold certificate TO pay for its publication
similar letter was later in the same month
sent 10 the Examiner. with $40 inclosed
These communications were not published So
we ask your Honor to call Mr.. Hyde to the
stand in order that may prove that for
through the mails. We shall also ask for an
order for the production of all such letters
now IN his possession. think an examina-
tion Of them will come near giving your Honor
a clew TO the real author OF this whole series
OF anonymous epistles.
do you mean, Mr.. Wheeler" asked
Government Counsel Heney, that Di-
monds writing on the stand yesterday
and the letter sent TO the Secretary of
the Interior were not the product of
the same hand?"
Yes, most assuredly,'' was Wheelers
response.
Very WELL" said Heney quietly. "I
asked the question because 1 just
wanted to know how much weight to
give your assertion. We shall do all
we properly can to aid you in getting
these other letters into the record. But,
while have not had an opportunity to
look up the law on the subject, am
disposed to agree with Mr.. McEnerney
that Hyde. being a codefendant, cannot
be compelled to take the stand. We are
unwilling TO express an opinion that
may adversely affect the Governments
right to hold Hyde for trial.
In my present feeling on the sub
ject shall decline to grant Mr..
Knights notion ruled Commissioner
Heacock. IF he satisfies me as to his