The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-14
ARGUE OYER LETTERS
Hermann's Case Adjourned
Early in Afternoon.
DEFENSE OFFERS OBJECTION
Declares Correspondence Cited by
Government I'm Case Charging De-
structiOn of Public Documents Is
of Private characterization Raised
Over Bin of Particulars.

Efforts on the part Of the government
to introduce In evidence certain letters
which the prosecution contends were writ
ten by Binger hermann. while he was
Commissioner Of the General Land Office,
and strenuous objection on the part %
Attorney Worthington. counsel for the de
PENDANT, to their introduction, brought
about an unexpected turn in the case and
an early adjournment yesterday after
noon. The government claims that the
letters in question related to official bust
ness, and under the orders of Mr.. Her
mann We're copied into some Of the letter
press copy-books which it is alleged Mr..
Hermann destroyed. Mr.. Hermann is
charged with violation of section 549s Of
the Revised Statutes. which make it a
crime to destroy public records.
After the indictment was found. defend
ants attorney asked the court to require
the government to give bill of particu-
lars showing what it expected to prove.
This bill was furnished, and it alleged
that the Ietter-press cOpy-books destroyed
contained the letters, some Of which were
of a private nature. others Of an official
character, and that no better description
OF the books could be given. District At
toTncy Baker yesterday offered to put in
evidence a number Of letters alleged 10
have been written by Hermann on official
business and copied IN the letter-press
books He stated he had more letters
which would be offered. and he would
thereby show that the books were official
and that they related to land fraud cases.
Defense Offers Objection.
The introduction OF these letters was
objected TO by Attorney WorthingtOn for
the defense. He said ne had received no
advice as to the existence Of these letters
IN the bin OF particulars, and that for that
reason defendant was not notified that
he would have to meet the introduction
Of such evidence al the trial II was
argued by the government that the let
ters would prove that the records de-
stroyed were of an official nature
To a motion OF the district attorney that
he be allowed 10 amend the bill Of par
ticulars. Attorney Worthington objected.
contending that it would practically con-
stitute a new charge against the defend
ant and thereby put him i'm jeopardy
twice for the same ofense, which it was
claimed by Mr.. WorthiBgton, is against
the Constitution
The court Will hear the application Of
the district attorney TO amend this morn
ing. and il is probable that this important
point will be passed upon.
Assistant District Attorney Jesse c. Ad-
kins stated the governments case and
outlined the plan OF the prosecution He
explained in detail the workings of the
General Land Office and the granting of
land patents Mr. Adkins referred 10 the
letter-press books containing correspond
ence emandting from Mr. Hermanns Of
fee as commissioner and he declared
many Of the letters would be shown to
have been on Official business Of the de
partment
Thirty-fIve Books Involved.
1t was alleged that thirty-hve copy
books had accumulated during Mr.. Her
mann's incumbency Of the Land Office.
and Mr. Adkins stated 10 the jury that
the government would show that Mr.
Hermann destroyed these books short
time after his resignation was peremptor-
lily demanded by Secretary Hitchcock.
1T came to the knowledge OF Secretary
Hitchcock" continued Mr. Adkins. that
investigators Of land frauds in the West
made report showing a systematic scheme
was in existence in connection with land
grants, but that this report was not
brought to the attention of the Secretary.
Mr.. Hitchcock asked for HERMANN
resignation. The resignation was made 10
the President. But before the resignation
took effect the thirty-five copy-books were
destroyed. We will show you that these
books were government property. paid for
with government money, and intrusted to
the care Of Mr. Hermann"
Attorney Worthington informed the Jury
Of what their line of defense would be. He
claimed that the letters copied i'm the
books were of a personal and strictly con-
fidential nature, and the law did not re-
quire Mr.. Hermann to allow the govern
ment to examine into his private CORE
lspondence and affairs.
Mr.. Adkins. for the government stated
that they would endeavor To- show that
the motive Of Mr.. Hermann ii destroying
the books. after his resignation had been
demanded. was 10 cover I'D any evidence
contained in correspondence by him with
certain persons in the West who were ac-
cused of land frauds.
! DR. Harry 5. Reiger, formerly a clerk in
/ the General Land Office. was the first wit
ness called. He testified that he acted
as private secretary TO Mr.. Hermann for
some time, and identified a letter written
/ by him while holding that position This
| letter was offered in evidence by the dis
/ trict attorney, but was objected to by MIR.
/ Worthington. Mr.. Baker stated 1t was
the object to show by these letters that
| they pertained to official business.
! The case viii be continued this morning
/ at 10 o'clock