The San Francisco call., 1904-04-30
EX-SENATOR C. N. FELTON, DENIES
He ADVISED DIM0ND TO "B0NE" HYDE
Well Known Citizen
TeStifieS in Land
Case.

Ex-senator Charles n. FELTON, was
called as witness yesterday afternoon
on behalf of Henry P. Dimond, one of
the defendants in the land frauds
hearing. Questioned by Samuel Knight
of Dimonds counsel he confirmed the
defendants testimony by saying thai
Dimond had consulted him in December
last as to the advlsability of demanding
further compensation from his former
client, Fred A. Hyde. On many details
of their interview, however, the ex-
Senator's memory either failed to con-
firm Dimond or contradicted him more
or less positively. In particular, he dis
agreed with Dimond as TO the date of
their consultation, the exhibition to the
witness of one of the anonymous let
ters and his alleged advice that Di-
mond bone" Hyde for more money.
The portion Of Dimond's testimony
affected by Felton's statement is that
in which the defendant quoted the
venerable statesman in justification
of his course in reading to Hyde the
anonymous letter, already published,
that urged Dimond to betray his
former client and promised him a
Government retainer to join in Hyde's
prosecution. Dimond testified that his
consultation with FELTON, occurred
before his interview with Hyde and
that. when the Senator had read the
letter specified he advised Dimond to
show it to Hyde and bone" him for a
share in the profits of the Aztec land
deal The now famous interview be-
tween Dimond and Hyde occurred on
December % last, four days after the
arrest of John A. Benson at Washing
ton. FELTON, said yesterday that Di-
mond did not come to see him until
several weeks after Benson's arrest.
FELTON'S ADVICE.
The substance of the Senator's tes-
timony under direct examination fol-
lows:
Some time after Benson's arrest re-
ported in the newspapers think II was
about three weeks after that event, but II
may not have been moreS than two weeks,
and again il may have been month-Mr.
Dimond to at my office He So
licited my advice as to the propriety or his
calling on Hyde. saying that important
land deal in which ne had represented Hyde
had proved very profitable and that he thought
himself entitled TO a good fee. l could see no
irpropriety in his making such demand. but
/ advised him that, in view OF Benson ar
rest and of the reports that Hyde himself
might have trouble he would have to be very
diplomatic in order not to be misunderstood
as taking advantage Of Hyde's situation.
letter whatever l want TO correct one state
ment that has been published as coming from
Mr.. Dinond. never advised him TO bone
MIR. Hyde.
On cross-examination Government
Counsel Heney showed the witness the
anonymous letter referred to. After
reading it FELTON, continued:
Dimond may have read me this letter or
parts of Il. but ] do not think he did II L
had understood its contents should not have
to show IT to Hyde am quite positive that
did advise him As to the date of
that X occurred two three days after L read
OF Benson's arrest. Ny recollection is that
Dimond told me he had already had an inter-
view with HYDE on the money matter l
know that / never read this anonymous letter.
My impression now is that Dimond mentioned
having received such letter. but as am
not in the habit OF attaching Importance TO
unsigned communications / did not give his
remarks much heed. He possibly told me that
he had a Government offer of employment or
Of other things in the letter. should not
have justified his course in using the letter In
his demand upon Hyde.
SCRAPS OF OTHER LETTERS.
On the opening of the days session
Heney offered to consent to the intro
duction of any letters or parts of let
ters now in Hyde's possession that Di-
mond's attorneys thought might aid in
acuuitting their client. This led to
some debate, McEnerney at first refus-
ing to give up any portions Of the So
called Ellen Ellsworth letters. The mat
ter was finally compromised, however,
by Wheeler and Knight waving their
claim of right to put Hyde on the stand
and getting in return for this conces-
sion a clipping from an anonymous
epistle printed with a lead pencil that
was sent to Hyde in 1899; also another
excerpt from a typewriter letter re-
ceived by Dimonds codefendant In
August, 1903. These were the only
anonymous letters in Hyde's posses
sion, McEnerney said. except the Town
Talk letter, already in evidence. These
two letters from which the clippings
were taken were wholly devoted TO
abuse of Hyde's family and contained
no reference to land matters.
The specimen Of the pencil-printed
letter offered in evidence shows consid-
erable similarity in its lettering to the
anonymous pen-printed letter sent to
Secretary Hitchcock of the Interior De-
partment. which Heney says Dimond
wrote, and less resemblance to the ex-
emplar of Dimond's pen-printing pro-
duced by him on the witness stand last
Monday. The resemblance between the
first two documents is especially no
ticeable in the formation Of the letter