The San Francisco call., 1904-04-06
FEDERAL WITNESS w. T. BURNS
KNOWS THINGS HE WON'T TELL
WeKnown Secret Service Man Refuses Disclose the Evidence
on Which the Alleged Land Gabbers Were lndctedCon-
missioner Heacock Sustans the Government Agents Stand

round Of deadly routine in the land
fraud case yesterday. It came after
the close Of the proceedings. when
John A. Benson, who is a constant at
tendsnt in court under subpoena,
waxed wroth at a story in circulation
that he had turned States evidence.
It's absolutely false" he said. Il
could not do it if I would. and i
would not do it. If could"
The climax in the proceed
ings came just at the close of
day Of technical battling for
position that was much like the
days that preceded 1t. William j.
Burns, the famous Government detec-
tive. had been called to the stand by
the defendants in the course of their
daring attempt to use the witness for
the prosecution to break down the in
dictment found by the Federal Grand
Jury at Washington on the testimony
Of these very witnesses. Garret w. Nc
Enerney, who has the interests Of De-
fendant Fred A hyde especially in
charge, was trying to force Burns to
disclose what documentary evidence
the Government holds against his mil
liOnaire client
i am regularly connected with the
secret service work of the Treasury
Department" Burns had replied to Nc
Enerney's preliminary questions, but
was especially detailed to take charge
Of this case as the agent of the Cen
eral Land Office. I first saw the de-
fendant Hyde about 1901. when 1 came
here to work up the Dimmick cases
for the treasury, but / am not person
ally acquainted with him and have had
no correspondence with him Then
McEnerney probed deeper.
YES" said Burns, answering him;
q have seen many of Mr.. Hyde's let
ters and papers relating to the land
cases and matters covered by the in
dictment, but / cannot say where they
are now had them in my own pos
session for a time and turned them over
TO Judge Pugh at the Interior Depart
ment in October last
What were these letters and papers,
Mr.. Burns?" the attorney asked.
The secret service man made no an
swer.
NO FISHING EXCURSION.
I'VE object TO the question" shouted
Francis J. Heney. special counsel to the
Government. THE defendants are sim
ply trying to find out if we have any
documentary evidence that will dis
prove anything Hyde may say here
after on the witness stand. They want
to get hold OF our case, so that they
may manufacture a defense to fit it.
We do not propose TO furnish them
with the testimony given before the
Grand Jury until they have presented
evidence to contradict the indictment.
Your Honor has ruled several times
that our position is correct.
This is not fishing excursion, but
an opportunity for the defense to show
their innocence if they can do so. In
order to aid them, we will make this
offer TO Mr.. McEnerney: If he. will
name any particular paper or letter
written by Hyde which is in our pos
session and which he needs for his
case we viii produce it. Otherwise we
shall not consent that this Government
detective. who has worked up the case,
and who knows all the documentary
evidence on which the Grand Jury
acted, shall be used to assist the de-
fense in escaping the effect of your
Honor's decision"
1t was the old fight in a new form.
Ever since the hearing began the at
torneys for Defendants Hyde and Di-
mond have been trying TO force the
TO produce the evidence
on which the Indictment was returned,
and. in spite of Commissioner Hea-
cocks repeated adverse rulings that
the indictment established presump-
ton of guilt, which the defense must
contradict by positive testimony be-
fore the Government could be COM
PEELED to disclose its case, they have
gone merrily on repeating the same
effort under different DISCUSSES day
after day. Many of the Government
witnesses have been called to show that
they knew nothing TO the discredit of
Hyde or Dimond-a negative state
ment easily established, as their
Grand Jury testimony had been
against the other members Of the al
legged conspiracy. But in Burns the
defense had one of the prosecutions
strongest witnesses and they proposed
10 handle him accordingly.
we intend TO prove" said Nc
Enerney. that among all the docu-
nents this witness has seen there was
nothing of an incriminating nature
and nothing that warrants the hold
ng OF the defendant Hyde"
WOULD GO TO JAIL.
SO the issue was joined. The ten
sion in the courtroom was tremendous.
After ii was all over Burns said he
was prepared to refuse to answer Nc
Enerney's question and would have
gone to Jail rather than answer unless
ordered by Government counsel to tell
what letters of Hyde's the prosecution
has uD its sleeve.
Mr.. Heney's offer to the defense
seems to me a fair one" Heacock said,
N sustaining the Governments objec-
ion to McEnerney's question. Il have
already held that the Indictment
makes a Drima facie case and that the
defense is not entitled to know in ad-
vance the evidence on which il was