The San Francisco call., 1904-04-15

&nd mopped his brow But the agony
or his long and humiliating ordeal was
not yet over. In answer to further ques-
tions by McEnerney. he said that this
attempt to trap Benson by the sug-
gestion of a purchasable stenographer
was undertaken at Burns suggestion.
The secret service man wanted to get
information from Benson as to other
persons in the department who had
been in his pay, and thought this plan
might lead him TO disclose his hand.
Il didn't like the job" the witness
continued. 1T was contrary to my
nature TO try to sell a man something
l could not deliver"
McEnerney smiled incredulously and
kept up his fire OF mild-spoken, merci-
less questions until Heney came to the
rescue of the humiliated official
Mr.. McEnerney." said the Govern
ment counsel this witness was called
to the stand by you. but permit me to
suggest that the constitution of the
United States prohibits the inf1iction of
cruel and unusual punishment"
MoEnerney acknowledged the point,
and forthwith dropped his attack on
the witness. After few general ques-
tions Harlan was turned over to the
prosecution for cross-examination In
answer to Heneys questions the fol-
Did not Burns tell you to ask $1,000 for the
raphers notes, because. II you named
only $500 Benson might accept and thus de-
to draw Benson out?
! do not remember.
DID not ]. ]. Barnes receive drafts from
HYDE inclosed in some OF the dear sir
letJers7
/ cannot say as to that recall that Ben
son seemed to know him and spoke of him as
poor old Barnes"
r. l. smith was my son-in-law. He got the
first letter from Benson TO me and opened it..
] told him that the money was sent me in
relation to matters in which did not care to
be known. hence ] had used his name and
address.
The fact that the Interior Department was
investigating the land frauds was first brought
to my attention late in 1902. when l heard of
the letter OF Colonel zabriskie Of Tucson. Ariz..
ana the HolZinger report regarding j. IL.
Schneders unsworn statement About No
vember. 1902 / wrote Benson that the report
had been submitted and told him what 1 had
| learned regarding Holzinger's assertion that
and Benson were getting possession of State
school lands by fraudulent means and were
using them for lieu land selections. also told
him that Walter X. Slack was reported to have
made statement.
In March; 1908. wrote benson tnat special
Agent H. E. Steece and Judge A. b Pugh
had made report. of which | was trying 70
| get copy. 1 said he ought to send me $500.
| This he did and I received three envelopes.
two OF which contained $500 in currency each,
while the third had 500 in it. All were sent
to "R l. Smith" No letter accompanied
! them / tried to get a copy of the report from
| Steece. but he paid no attention to my letter.
HARLAN WARNS BENSON.
when Burns first questioned me as to my
connection with Benson denied everything.
but the next day / wrote Benson that the in
vestigation was going on, and that l was hold
| ing the Gentleman from Maryland nrm BY
| this meant Walk. This letter was written in
good faith to warn Benson that | was being
! watched l wrote him twice afterward. but
these letters dictated by Burns after he
had taken before the Secretary OF the In
| terror and had made my confession The first
Burns letter was sent on November .. lSO3 II
| was unsigned and follows:
Notwithstanding all their buster IN the
newspapers they have utterly taiied to get
| anything tangible at this end, They have
! interviewed a number OF clerks. but got moth
| ing definite tangible. Your name has
| hardly been mentioned. Their principal aim
seems TO be at Hyde / get this from their
stenographer. who Is personal friend OF
mine.
Another letter was mailed on Decem-
, Der 10. and was in the following terms /:
How can / address an important letter tc
you? Did you receive my other two o Kl
Address me in the same name. only General
| Delivery Washington. ID. C. Examine seal
on this letter to see II II has been tampered
with.
Il have mailed this at the train so the post
mark viii not show Washington.
These decoy letters. the witness said,
brought no answer by mall, but they
brought Benson in person to Washing
ton, and Ii was then that Burns had
compelled Harlan TO pay the visits to
room 213 in the New willard Hotel on
December IL and Is. when he claims
Benson made the last payment-$200.
Heney had the witness identify the
| marked bills and then turned him over
| to the defense for further examination.
This was conducted mainly by Di-
mond's attorney, Charles g.. Wheeler,
and brought out a piece of sensational
| testimony. which the Government had
not chosen to develop.