The San Francisco call., 1904-03-24


ciples of law and the rights of citi-
zens, was the text of clear cut argu-
ment by Charles S. Wheeler, another
of Dimond's attorneys. The law pre-
sumes innocence until guilt is proven.
You cannot destroy this presumption
by the poorest evidence available. You
are asking his Honor to- accept the
statement of a Grand Jury in prefer
ence to the testimony of the very wit
pesses who were before the Granu Jury
and who are now here in this court
room. Let the best evidence be pro-
duced before we are called TO prove our
innocence"
But Heney was within his rights
and the able lawyers for the defense
admitted it, we cannot control the
Government" was McEnerney's con-
cession as he asked that the Commits
sioner adjourn the hearing until Mon
day morning to enable him and his
associates to get their case in shape.
He added this little fling at his oppo-
nent:
KING GEORGES GHOST.
"One of the grievances complained
Of in the declaration of independence
was that King George had bad habit
of transporting his American subjects
across the water for trial in England.
You are following in his footsteps in
dragging our clients across the con-
tinent for trial, 5000 miles away from
their homes"
Let me correct my friends misap-
prehension, retorted Heney. a man
indicted in New York or at Washing
ton is not entitled to trial in Califor-
MIA or some other remote corner of
the United States. The Federal Gov
ernment has jurisdiction in every part
of the country. These men have been
indicted for acts committed in four
or five States. The offense charged is
one of which the Supreme Court of
the District of Columbia has jurisdic-
ton and il must be presumed that the
indictment was found upon sufficient
evidence. The writs of the Federal
courts run in all corners of the United
States. The trouble about which my
friend omplains-the removal of ac-
cused persons 10 distant points for
trial-has existed ever since the peo-
pie decided TO adopt the constitution.
1t is a feature of our Government"
My suggestion a moment ago
Commissioner Heacock said was not
made because 1 doubted the sufficiency
of the indictment as ground for hold
ing the defendants, but because 1 saw
the Governments witnesses here and
believed, in view Of the declarations of
the defense, that it would be neces-
sary for US TO go into the testimony.
The Government has right to rest on
Fa indfDfD1or,t Ia+ hn
proceed"
The attorneys for the accused then
renewed their request for adjourn
ment and the Government making no
objection the Commissioner granted
it. The case will be resumed at 10
o'clock Monday morning.
INDICTMENT is LONG.
The Indictment put in evidence yes
terday is one of the longest seen in
San Francisco court in many a day
1t covers eighty-six pages and en-
braces forty-two counts. The first of
these contains the most material allie
cations and is referred to in each of
the later counts. The first count sets
forth the methods by which Hyde and
Benson, with the aid of their alleged
accessories, Dimond and Schneider
are said TO have got possession lille
gally and fraudulently of hundreds of
thousands of acres of valuable West
ern lands. Only portion of these
tracts are referred to in the indict-
ment The period covered is from
October 4, 1901, to February l. 1904.
The gist of the indictment is that
the defendants entered into a con-
spiracy to defraud the Government of
public lands-first, by illegal means,
getting possession of State school
lands in California and Oregon, which
lands they then procured to be includ-
ed in forest reserves. The title to the
school lands, it is charged, was OBJ
tanned by the employment of dunn
mics. who were induced to take up
these lands as for actual settlement.
when, in fact, they intended to trans
fer them to Hyde and Benson, or by
the use of false names and forged af-
fidavits.
The process of having the school
lands of the defendants included in
forest reserves is described as having
been carried out with the help of per-
sons employed in the Interior Depart
ment's General Land Office. Harlan
and Walk. the witnesses named above,
are alleged to have been bribed to fur
nish the defendants with advance
copies of the private reports of the
forestry agents, recommending areas
for inclusion in the reserves. thus en-
abling Hyde and Benson, it is said, to
get possession of these lands before
the public announcement of their
withdrawal was made. Benjamin F.
Allen and Grant 1. Taggart, forest su-
perintendent and forest supervisor re-
spectively, are charged with having
accepted money to furnish the de-
PENDANTS with all the information
gathered by them regarding desirable
areas for withdrawal and to recon-
mend the withdrawal of or non-with-
drawal of such areas as Hyde and
Benson might dictate. The names of
all four Of these former Government
employees appear on the Indictment as
witnesses before the Grand Jury. and
If is understood that they made a
clean breast of their connection with