The San Francisco call., 1904-03-24


move yesterday morning in the fierce
legal battle they have begun before
United States Commissioner Z. H. Hea-
cock TO hold Frederick A Hyde and
Henry P. Dimond for trial in the Su-
preme Court of the District of Column
bia. On the opening of the preliminary
examination in the land fraud case
they introduced in evidence the indict-
ment found by the Federal Grand Jury
on February Il against Hyde. Dimond
John A. Benson and Joost H. Schneider
Then, like clap. of thunder in a clear
sky. came this announcement:
The Government rests
The counsel for the defendants were
on their feet in an instant, fighting like
tigers. They claimed not only that they
had been. taken by surprise, but that
the fundamental rights of their clients
as American citizens were imperiled
The Indictment was but secondary evil
dence at best, they argued. and the
Government was bound to call the wit
nesses on whose testimony the Grand
Jury had acted. The only consolation,
however, that Commissioner Heacock
could give them was an adjournment
until Monday morning, when they will
have TO produce their own witnesses if
they wish to traverse the prima facie
case established by the indictment.
Ii was clever game and we'll played,
hra- ? 1a--r -, ~k,o
Government will win out in the end.
The tactical advantage won yesterday,
important as it is, merely relieves the
prosecution Of the necessity of disclos-
ing it's evidence until il shall appear
whether the defendants elect to make
their first stand before the Commits
siOner or before the jury at Washing
ton. Otherwise a fortnight might be
spent in taking testimony of the lead
ing Federal witnesses, and at the end
Of it all the defense might say, We
shall offer no evidence here" Thus
the defendants would get possession of
the Governments case at no cost to
themselves and would then at their
leisure prepare TO meet it on the trial
Commissioner Heacock's ruling indi-
NdAEC L4AaA ErlAn SAAE VIII itdNE " cIAOn
its hand before it decides whether he
shall send Hyde and Dimond to the
Federal capital. This means a long and
bitter contest. The examination Will
probably consume the better part of a
month.
SOME WITNESSES PRESENT.
The same distinguished array of at
For
ment were in the United States Circuit
Court room yesterday as appeared on
Tuesday morning. when the case was
put over for a day. In addition to the
lawyers came the defendants, Hyde
and Dimond, while in one of the back
rows Of chairs sat John A. Benson.
jointly indicted with them, who is un-
der bail to appear for examination be-
fore Commissioner Shields on March 29
in New York, where he was arrested.
Three Of the Governments most i'm
portant witnesses were also present
WoodfOrd D. Harlan, former chief of
the forestry division of the General
Land Office: William E. Walk, chief ex-
aminer in the division of contests in the
same department, and T. c. Fimple,
who is supposed TO know a great deal
about the Hyde Benson land opera
tions.
These were all the witnesses the Gov
eminent lawyers deemed it necessary
10 have at hand. Even if the Commits
sioner had compelled them to proceed
with testimony, it would take several
days to examine Harlan and Walk. This
would give the Government ample time
to bring up its small army Of witnesses
from oregon and the mountain counties
Of California. It was said yesterday
that these witnesses include men who
will testify that they received money
from Hyde and Benson or their agents
for the use of their names in land en-
tries that were illegal, not being made
in good faith for their own use and oc-
cupation.
HENEY OPENS FIGHT.
The opening play in yesterdays con-
test was made by Francis ]. Heney,
chief counsel to the Government. I'VE
offer a certified copy of the indictment
in this case was all he said.
I'VE object" said Attorney Bert
Schlesinger of counsel for Hyde, ION
the ground that on it's face the indict-
ment shows the Government was not
defrauded by any act of the defend
ants there alleged, and also because
the indictment fails to show that any
offense against the laws Of the United
States has been committed"
objection overruled and the indict-