Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-26
BENSON IN THE COURT
CAME HERE IN ACCORD WITH
ORDER IN NEW YORK.
Released Again on Bail to Answer
Charge of Conspiracy in
Land Cases.

John A. Benson. under indictment here
Harlan. one of the officers of the general
land office, to disclose to him certain infor-
nation which was to be embodied in a spe-
cial report to the Secretary of the Interior,
In reference to the investigation of land
frauds cases in the states of California and
Oregon, appeared today in Criminal Court
No. l. He thereby fulfilled the conditions
of a bond given by him before District
Judge Holt of the southern district of New
York. by whom he was held for removal
here for trial.
Benson was apprehended in New York
more than one year ago on the present in
dictment, but demanded and had a hearing
before United States Commissioner Shields,
who finally held him for removal here Ben
then applied to the district court in
New York for a writ of habeas corpus,
and after a lengthy hearing the writ was
denied. From that action he appealed 10
the Supreme Court of the United States.
The highest tribunal about two weeks ago
affirmed the judgment of the New York
district court.
The defendant, having previously given
bond to appear in the New York court
when wanted, reported there when the man
date of the Supreme Court of the United
States was sent down. Next he undertook
to secure a hearing on another phase of
the case by habeaS corpus proceedings, but
did not secure the issuance of the writ.
Benson, in New York last Saturday, gave
bond to insure his presence here this morn
ing to answer the Indictment Frank II.
Plat, prominent as member of the bar
in New York qualified as his surety in the
sum of $1,000.
In addition to being under indictment for
bribery, Benson is also indicted jointly with
INdp
JooSt II. Schneider for the alleged offenSe
of conspiring to defraud the United States
out of several hundred thousand of acres
of public ground in the forest reserves of
Oregon and California. On this charge
Schneider was arrested in this city last
summer and was held in $4,000 bail by JUS
tice Barnard. He was subsequently taken
before Justice Pritchard on petition for
writ of habeas corpus, and bail was reduced
to $1,000, which he gave.
Arrested in San Francisco.
Hyde and Diamond were arrested in San
Francisco on the conspiracy charge, and
after a hearing before United States com
missioner, which was in progress for seven
weeks and in which many witnesses for
the government from this city testified the
defendants were both held for removal here
in the sum of $4,000 each, which was sub
sequently reduced to $1,000 each. Both
of California and from there to the Su-
preme Court of the United States. where
the matter is pending on the question of
the sufficiency in law of the indictment.
Benson was apprehended on the con-
spiracy charge in New York about eighteen
months ago. He resisted removal here and
had a hearing before United States COM
missioner, resulting in his being held. He
Immediately sued out the writ of habeas
corpus before District Judge Lacombe and
t1,o n hn6 hot 7
crime against the United States was alleged
in the indictment and discharged Benson.
From that decision the government ap-
pealed to the circuit court of appeals,
where the matter is pending. Il is under
stood that the circuit court of appeals has
declined to act in the case until after the
decision of the Supreme Court of the
United States in the Hyde case, which is
expected next Monday.
1t was expected that counsel for Benson
would apply for the writ of habeas corpus
today on the ground that the defendant
having come into this jurisdiction on the
bribery charge only, could not be taken
into custody on the conspiracy charge, the
latter being a charge different fromsthat
on which he was extradited. The Under
standing is, however, that United States
Attorney Beach and Attorney K. Golden
Donaldson, representing Benson, reached
an agreement in reference to the amount
of bail TO be given in the conspiracy case,
and therefore the habeas corpus proceed
ings were not instituted.
When Benson appeared in court today
United States Attorney Beach explained
that counsel had agreed that bail in the
sum of $4,000 should be given in the con-
spiracy charge The court was asked by
the United States attorney to require the
same amount in the bribery charge, but
Attorney Donaldson urged that the bail in
the bribery case be not more than 5000,
and that amount was ordered by the court.
Benson was released from custody guar
anty company qualifying his surety.
John A. Benson is said to be one of the
pioneer engineers and dealers in public
lands in the west, and one of the largest
Ia nd dna lArs in TN uEnrld