Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-27
REFUSED TO OBEY SUMMONS
Tells Of Service Rendered Franklin
P. Mays.
CREATION OF FOREST RESERVE
Testimony Said to Furnish Connect
ing Link in Important Transac-
tion-0ther Evidence Today.

A. q. King Of Seattle. Wash, the alleged
recalcitrant witness who refused to obey
the summons sent for him, and who was
brought to Washington in the custody Of a
deputy marshal. was placed on the witness
stand In the trial Of former Representative
Binger Hermann at the opening of the ses-
sion Of Criminal Court No. this after
noon.
He described in detail his service for
Franklin P. Mays in securing signatures
to the petition for the creation Of the Blue
Mountain forest reserve, and his testimony
In that respect, as furnishing the connect
Ing link in the transaction, was the princi-
pal point desired by the government
King said he was formerly clerk of Her.
ner county, Oregon. and. he said, he re-
celSed "a per day from Mr.. Mays while
working On the petitions. The original
petitions In possession Of the government
were identified by the witness. He testified
also to certain correspondence with Mays.
w. N. Jones. Forest Superintendent Orms-
by and others. and to acting as guide on a
visit of inspection to the then proposed
reserve, In which Capt. Ormsby was GEN.
trail figure.
Regarded as Important.
The most important testimony Of the day
was promised late during the afternoon
session, when Irving Rittenhouse an at
tache OF the general land office, who has
been actively engaged in preparation of the
Hermann case and the land fraud cases.
took the stand. Mr.. Rittenhouse has been
acting as special assistant to United States
Attorney Baker in handling the immense
quantity of documentary evidence He re-
lated first his duties in various capacities
curing his early connection with the land
once. and rapidly proceeded to a deserip-
ton of the method of handling the mail in
the divisions Of the office
Defense Withdraws Objection.
AS soon as court convened this morning
Attorney Worthington withdrew his obiec-
uon TO the anonymous letter-signed "a
Citizen of the United States"-and by agree
ment OF counsel Clerk Hawken read the
nearly obliterated Endorsement which was
deciphered last night For special atten
ton by Chief was one sentence and 40
go to Walk another
William E. Walk, who was testifyins
when court adjourned yesterday was re-
called to the stand, and, in addition to
Identifying several documents, he gave evil
dence regarding letter written to Binger
Hermann by Senator Mitchell in 1901, in
winch the request was made that the claims
or r. A. Hyde & Co. be made Special" in
the general land office. Witness identified
a list OF the claims accompanying the let
ter as being lin the typewriting Of John A.
Benson" Upon a verbal order by the com
missioner and also by written memoran-
dum witness stated, the cases were made
special.
BY such introduction of correspondence
with reference to expediting the HYDE
Benson claims through the land Office in
19Ol. and the prior offering of the anony-
nous citizen of the United States'' letter
which came into the land office in 1900,
IT was indicated the government Is pre-
pairing to argue to the jury that Mr. Her
mann not only was not investigating the
charges OF fraud preferred against Messrs.
self to make the claims Special
Meeting With Benson.
Under cross-examination by Attorney
Worthing Mr.. Walk was led to relate
meeting with John A. Benson at the
Shoreham Hotel. the visit being made at
the request of thechief of his division in
the land office, Mr.. Harlan. Witness ad-
mitted he entered into an agreement with
Mr. Benson by which he was to receive
payment at the rate of 10 cents per acre
for all lands which he should succeed in
passing to patent for Benson and up to
December, 1903, he said, the contract netted
him about $500. In communication with
Benson Walk used Geographic code and
signed the messages with the initial "v.'
Office, Mr.. Valk?" Mr.. Worthington aueried.
Yes" the witness answered.
Were you ever indicted for your part in
the transactions?"
mo, SIR
And you are aware now that any prose-
cution is barred by the statute of iimita-
tionS?'
Yes"
It was brought out that any documents
which may have passed between Walk and
Mr.. Benson were destroyed some time ago
Mr.. Worthngton drew a negative reply to
his question whether the destruction Of the
obliterate possibly discriminating evidence
Harry c. Robertson was recalled and
cross-examined by Mr.. Worthington con-
corning the preparation of the Puter- Wat
son affidavits
Woodford Harlan also testified he was In
the service of John A. Benson, being asso-
ciated with Mr.. Walk for time in Receiving
eompensat ton at 10 cents per acre for the
mitted having an agreement with Benson
to give the latter advance information OF
the creation of forest reserves.
Proceedings Were Spicy.
The last minutes of the session yester-
day afternoon, following the close of The
Stars report, were more or less spicy, JUS
tice Stafford interfering finally to settle
a strenuous contest between counsel for
possession, over night of disputed bit
of documentary evidence In the case At
torney Worthington discovered an erasure
paper, and William E. Walk, chief ex-
aminer in the land office, declared he not
only did not know what the original
words were, but he had never noticed
the erasure before. On the ground of the
obliteration Of an Endorsement, which. he
said might have changed the whole
tenor of the Jacket" upon which 1t was
placed, MIR. Worthington objected to any
other contents of the paper, "a mutilated
document going into evidence.
Justice Stafford took the paper and ex-
amined It under strong reading glass
with Indifferent success. and the contest
between counsel for possession of the letter
and Jacket followed The court ruled the
object of dispute should be placed in the
custody of the clerk. Mr.. Samuel Nice.
Hawken, from whom the United States at
torney might secure It last evening and the
attorneys for the defense before court
should convene this morning.
From Land Office Files.
The paper in question appeared in the
case when Mr.. Walk took the stand. After
he identified 1t as from the files of the land
office. It was offered in evidence and read
to the jury. 1t proved to be an anonymous
ly written letter, bearing date of January
.. 1850. and signed "A Citizen of the
United States" in which "BinEer Hermann.
commissioner OF the general land ONCE
was informed at considerable length of the
transactions In school lands of r. A. Hyde