The San Francisco call., 1904-04-16
DEFENDANT HENRY P. DIMOND DENIES
/ THAT HE TOOK PART IN LAND FRAUDS
Alleged Conspirator At
tackS Federal les
timony.
Further Evidence of
Hyde's Peculiar
Methods;

Henry p. Dimond, the San Francisco
attorney who is one of the defendants
in the land fraud case, took the stand
in his own behalf yesterday before
United States Commissioner Heacock
the alleged Illegal operations of Fred
erick A. Hyde and John A. Benson and
any knowledge of the conspiracy.
charged In the Indictment found by the
Federal Grand Jury at Washington,
D. c. Dimond's testimony, which was
not completed when court adjourned.
is understood to be preliminary to a
motion by his counsel to dismiss the
complaint as to him. This motion may
be made on Monday, unless the cross
examination of the witness by Gov
ernmept Counsel Heney should prove
Unexpectedly long and severe.
Before Dimond leaves the witness
stand he will admit that he was the
mysterious man behind the door of
Benson's bathroom al the time Wood
ford d. Harlan of the General Land
Office visited the well-known scrip
per-" This visit occurred in Benson's
parlors at the Willard Hotel in Wash
ingtoE during May, 1902. Harlan al
legged in his testimony on Thursday
that Benson told him he had an agent
in the bathroom whom he wanted him
to meet, and that on his refusing to
deal with more than one man in the
sale of Government secrets Benson had
asked him 10 step into clothes closet,
while he let his bathroom guest out
into the hall.
EXPLAINS BATHROOM STORY.
Dimond did not reach this part of
his story yesterday. but when he re-
turns to the stand on Monday morning
he will declare that his visit to Benson
was in relation to a matter. in which
he was acting as attorney for the land
speculator, and which is not included
in the Indictment; that when Benson
heard a knock on his door he said to
Dimond, Please step into the bath
room a second until l get rid of this
visitor" and that the lawyer did so
without knowing that Benson's caller
was an employe of the Interior Depart
ment with whom it was irregular to
have secret dealings
Dimond's testimony was delivered in
a straightforward manner and covered
the greater part of the evidence in
volving his name that has been given
by the Grand Jury witnesses who have
been put on the stand by the defense.
He said in part:
/ was retained by Hyde in the summer OF
IL
with his lieu land selections then pending at
Washington From June ] until August IL
The decisions of the Land Commissioner and
preparing for a trip TO Washington. l new
took up any Government land in my own name
ncr did any member Of my family. The
Elizabeth Dimond who has been mentioned in
TIE testimony here is not connected with me
in any way. While in Hyde office did not
learn of anything illegal in his business He
showed me his circulars announcing that he
dealer in forest reserve lieu scrip and
that purchasers might locate the lieu land
themselves employ him at an added cen
sideraticn 10 make the selections and get them
approved / did not know that l to pc
connected with Benson in any way but 1
met him at Hydes office shortly after went
When 1 left for Washington in August If
with the expectation Of spending about
ninety days there in familarizing myself with
the procedure in the department and taking
over Hyde's cases. then in the hands Of Brit
ton & Gray, who had been acting as his at
tcrneys.
TILT BETWEEN COUNSEL.
did you know that Hyde and Ben
son were in any way connected in for
est reserve lieu land interests?" asked
Charles S. Wheeler, Dimond's attorney.
Just before 1 left for Washington"
the witness began his answer, Mr..
Hyde told me-"
II object" shouted McEnerney of
counsel for the other defendant, Hyde.
This is a privileged communication
from client to attorney and must not
be disclosed"
For a few minutes the two lawyers
for the defendants debated the matter,
Wheeler declaring that Dimond did not
intend to do injustice to his former
client, but adding. II propose to go
fully into the whole connection between
the two
Il am very 10TH" said the Commits
sioner, ito make a ruling that will close
the door to the fullest exposure of the
relations of these defendants
Then Heney took hand.
"A prima facie case has been made
out" the Government lawyer said
"and therefore no communication be-
tween these defendants is privileged.
The prosecution hopes the witness will
tell all he knows"
''Dimond proposes to clear himself by
violating a rule that has obtained ever
since the dawn of Anglo-Saxon juris-
prudence" was McEnerneys reply
''If such rule exists Heney retort-
ed, mo attorney is safe in dealing with
client unless he knows his whole his
tory"
IF such rule doesEnot exist" Nc
Fnerney retorted, mo client is safe in
dealing with any attorney"
S"Objection overruled;' Heacock de-
cided, and then Dimond completed his
interrupted answer. II was harmless.
Hyde informed me-" he said, that
Benson had an interest in some of the
base lands used for selections and was
entitled to part of the money tied up
in this way"
CONTRADICTS Walk.
Dimond told of his work in Washing
fon giving a clear acpoI1nf of his t{r,1 O