Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-22
APPEAL IN LAND CASES
HEARING BEGUN TODAY BEFORE
APPELLATE COURT.

The Court OF Appeals today began the
hearing Of the arguments of counsel on the
special appeal from the decision Of the Dis
trict Supreme Court everything demurrer
to the Indictment charging Frederick A.
Hyde, John A. Benson, Henry p Dtmond
and Joost II. Schneider with conspiracy to
defraud the United States in connection
with certain land grants In Oregon and
other western states. Arguments were also
made on the appeal of John A. Benson
from similar order In the case of alleged
bribery against him.
The appellants were represented by At
torneys A. 8. Worthington and r. Golden
Donaldson OF the local bar Frank H. Plat
of New York and J. c. Campbell OF San
Francisco. The governments case is in the
hands of United States Attorney ID. W.
Baker, Francis j. Heney, former United
States district attorney OF Oregon. now
special assistant attorney general. and Ar
thur B. Pugh. special assis.a to the
United States attorney
Tie bribery indictment against Benson
charges that he paid money to two clerks
In the general land Office for advance in
formation of certain special agents reports
III regard to land claims. Ten assignments
or error are claimed by the appellant. The
trial court erred 1t is commended, in not
holding the indictments bad, because 1t ap-
pears afHrmatfvely therein that at the time
Of the alleged bribing the special agents
reports in question had not come into the
possession, knowledge reach OF the per-
sons said to have been bribed, that II
such reports had come to them they were
not charged with any duty concerning
them. The trial court held that the persons
alleged to have received the money were
bound to keep secret the information likely
to he contained in the reports even II the
reports had not come to them, because in
due course it would be their offioia! function
to consider such reports when reached.
Ninety-Four Printed Pages.
The conspiracy indictment which the
appellate court is asked to hold defective
is perhaps the longest Indictment ever re-
ported in this jurisdiction. 1t covers ninety
four printed pages. 1t charges that Hyde,
Benson. Dimond and Schneider entered
into a conspiracy ito defraud the United
States out of the possession and and
title to divers large tracts of the public
lands open and to be open to selection, In
lieu of lands included and to be included
within the limits of forest reserves in Cali
fornla and Oregon by means of fraudulent
practices"
The principal assignments of error al
legged to have been committed by the trial
court are: The court erred in not holding
said indictment bad, because it improperly
joins several Independent charges of con-
splracy, to the prejudice of the defendant;
because it does not properly notify the de-
PENDANT of the charge made against him
so as to enable him to prepare his defense
or plead an acquittal or conviction in bar
of subsequent prosecution, or to enable
the court to decide whether the facts al
legged in the indictment are sufficient to sup
port conviction. if one should be had;
because the charges undertaken to be made
therein are so prolix, involved confused and
uncertain that no ordinary jury could be
expected to understand them; because the
counts subsequent to the first do not con-
tain any allegation of the particulars of the
alleged onspiracy, and because they do not
contain sufficient words of reference to in
corporate in them the material averments
OF the first count"