Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-27

lS Jul III Tie case Oh former
Representative Bingcr Hermann,
tried on charge of destroying pub
lie records while commissioner of
the general land office, rendered a
verdict of not guilty at II 40
o'clock this afternoon.
Before reaching it's necessarily unanimous
decision the jury spent an hour in the court
room this morning listening to a reading
of the charge delivered yesterday by JUS
tice Stafford.
The case was first given to the jury for
its consideration at 3:2S o'c,uck yesterday
afternoon, and the remainder of the day
and evening the twelve men Iabored with
out reaching a conclusion. The first an
nouncemcnt this morning was that the jury
wished to again hear the points of law con-
tanned in Justice Stafford charge and,
after considerable delay, on account of the
arguments of counsel in the Hyde Benson
Schneider-Dimond case, the jurors were
ushered into the court room. Less than ten
minutes after they had retired the second
time the announcement of an agreement
was made, and the presentation of the YER
dict followed.
To Binger Hermann, the defendant, the
pronouncement of his innocence seemed to
bring only what heahad expected. He re-
ceived the verdict calmly, his only
visible demonstration, which was evidence
as much of appreciation as of JOY, being TO
shake hands with each member of the jury
and with several officials of the court who
happened to be Standing near the jury box.
Immediately afterward. in company with
his counsel, Attorneys Worthington and
Galley, Mr.. Hermann left the room where
most of his time for the past eleven weeks
| had been spent.
Charge to the Jury.
The charge to the jury. which was be-
gun by Justice Stafford at 1:4j o'clock yes
terday afternoon, was concluded shortly
after The Stars report closed for the
day. The jury was Immediately conducted
to its room on the second floor of the city
hall building. No decision had been
reached at 10 o'clock last night. At that
hour a message was received from Justice
Stafford advising the jurors 10 obtain
whatever sleep was possible. and take up
the case afreSh this morning Reports are,
however. that the twelve men continued
discussion of the mass of evidence before
them far into the night.
After the court decided this morning that
the beginning of the trial CT Messrs. Hyde,
Benson. Schneider and Dimond should be
nostponed until October l, Justice Stafford
stated he had received word from the fore-
man that the jury wished to hear again
certain portions of his charge. Before the
men in whose hands Binger Hermann's fate
was resting were brought into court At
t. -ney Worthington entered an objection 10
the closing phase of the argument made
yesterday by United States Attorney Baker.
Attorney Worthington Objects.
II was not entirely clear when the argu-
4
exact character of the evidence with refer
ence to the stenographic note books Of
Messrs Roger. Hough and Rittenhouse,
former private secretaries to Mr.. Her
MANN" Mr.. Worthington explained, but
l have the record of that portion of the
case before me this morning. l think in
Justice to this defendant the jury should
be instructed to disregard the United
States attorneys statement that the de-
PENDANTS objection to reading the contents
of the stenographic note BOOKS Justlhed
an inference of inconsistency on his part.
1T has has given as evidence in this case
that Mr.. Hermann, during a conversation
in a restaurant in Portland, Ore, expressed
the wish that his secretaries had preserved
their note books because they would snow
to the world the contents OF the lc Lter-presS
copv books which ne destroyed AT the be-
ginning of this trial two note books We're
offered By the government as containing
letters dictated to Mr.. Roger by AIR. Her
mann, and our objection to their admission
into evidence was based upon the admitted
fact that the stenographic notes did not
offer conclusive proof that the letters when
Transcribed were copied into the commls-
sioner's letter books, or that the letters
were not changed by the commissioner be-
fore being copied
From that basis Mr.. WorthnGton argued,
the inference cast by United states Attor-
new Baker that the objection upon which
the court excluded the note books might be
taken as an indication of the wish of the
defendant to conceal the actual contents OF
the destroyed books.
AS far as am concerned | am willing
that all of the letters may be read TO the
Jury for what they are worth, Mr. WORTH
ington concluded
United States Attorney Replies.
Attorney Baker replied, claiming that
his argument to the jury was based upon
exactly what the record in the case
showed, but Justice Stafford decided that
no inference founded. as he characterized
IT. npon evidence which the court had de-
cided to be legally insufficient, should De
nermftted to lie in the minds of the jury.
When the jury filed into ITS pace an IN W,
struction to that erect WAS of the
Courts original charge. 800.
During all of the morning session OF court
Mrs Hermann occupied place alongside
her husband, but the announcement OF Inc
1urys agreement, coming In such snort
time after the second retirement. was
general surprise, ana a naJority oi Ihose Al,
terested had scattered for luncheon and
they could not be found
The defendant and his counsel were To-
Gated however, and they hurrieoly returned
to the court room, reaching their accus-
toned seats just as United States Attorney
Baker and Assistant United States At
torney Adkins, who Acondacted the case
for the government, appeared. The final
y scene, in which the jurymcn individually
affirmed the verdict as announced by their
foreman, followed within a few minutes
and Binger Hermann was thus formally
acquitted of the charge which was pending