Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-01
OPENING BY THE DEFENSE
Introduction of Testimony in Favor
of the Accused.
BIG AUDIENCE IN ATTENDANCE
Pr secution Submits Evidence OF Gov
William A. Richards-Transfer
of Department Clerk.

Interest in the trial of former Hepre-
sentative Binger Hermann In Criminal
Court No 1 today seemed to be revived
by the opening of the defense, more per-
sons being present in court than curing
any other session since the trlai began.
The defense devoted practically all OF the
morning to attempting to contradict por-
ton of the testimony Of Henry Meiorum'
one of the governments witnesses. The
government also consumed portion of the
morning in introducing its maj eVidehce
left over from last week
At the opening of the morning session
Gov. William A. Richards, former assistant
commissioner and later commissioner OF
tho general land office, was recalled to the
stand nv United States Attorney Baker tie
Terrified that on one occasion when Com
missioner Hermann was absent on leave
aud no was acting commissioner he or
dered William E. Walk. one or the cierhs'
transferred from the forest DIVISION W .,ae
contest division. When Mr HeI aad ais.
turned, Gov. Richards SAID, he seeneo "'
pleased at the change had
asked on cross-examination why he haa
transferred Walk. Mr.. Richards deciareu
the clerks actions both In ana out vi ane
ONO had not been calculated to inspire
confidence and it was thought a change
would be for the good of the service
Telegram From the Files.
Irwin Rittenhouse also resumed the stand
for a moment to Identify telegram taken
from the files of the land office. The
message was from Senator Fulton to COM
missioner Hermann. and testimony con-
corning its existence was secured from 'he
senatnr when on the stand. The telegram.
dated Portland, Ore. October !, 1879 was
as follows: .. w
prosecution instituted here against w:
F.. Burke and others. some persona PERSONA
friends charging conspiracy TO uelrau"
government by filing on timber ianus- Dc
PENDANTS willing relinQuish and prosecuting
attorney willing in that event dlsnnss IL
you advise. Won't you request taI , %,ss'is-
sal. Answer I. w
A Jacket accompanying tie telegram m
dIcating IL was answered October =. 1893,
was placed In evidence, ana with tue ar
nouncement that re Will reserve the risht
to place one more witness on the Staho anu
To introduce the complete correspondence
in the Ueideke case United States Attorney
Baker stated the governments case TO Do
complete.
Miss Mazda Silverstein of Portland. Ore,
was the first witness called by the defense
She stated she received letter from Herr!
Medium, former surveyor general or
oregon. in reference to position IN the
land office She went to see him, but was
Informed there was no position available
and she never saw Medium. again MISS
Silverstein also declared she never heard OF
A
use of her name for making entry upon
school lands.
The defendants son. Schiller Hermann,
testified regarding the visit to Henry Mel
drum by himself and attorney GatleY. Wiz
ness declared Meldrum lad said Singer
Hermann was innocent and that he would
come out on top as he always did
Ignorant of Invitation.
Was Medium invited to visit Mr.. Her
mann at Mr. Gatley'S residence Mr..
worthington queried.
NO. | know of no such thing, witness
replied
Taking the witness for cross-examina-
ton. Mr.. Baker asked several questions
as TO whether Mr.. Gatleys telephone num-
bers, house and office. had not been fur
nished to Medium, but drew replies I'm the
negative each time.
Policeman Charles A. Brennan of the
tenth prerlnct testified to meeting two men
on Euclid street between nth and 18th
streets at ii .45 o'clock the night of Feb
ruary IL. 1901. and to directing them to
the home of Mr.. Galley, 1907 Euclid street
He stated one OF the two men referred TO
a memorandum on which the number 1907
Euclid avenue written, and said 1t
must be right. because the clerk al the
hotel had given the number Witness
further declared the two men first asked
for the residence of Mr.. Hermann, but
subsequently mentioned Mr.. Galley as
Hermann's son-in-law, and that led TO them
being directed to the Gatley nome
Mrs Binger Hermann was the next wit
ness She described the arrival of Meidrum
and another man at the house the night or
February l6. and said she sat the stair
way listening to the conversation.
Overheard a Remark.
Did you hear Mr.. Meldrum say Mr..
MAYS was in tie Office in Portland once
when Binger Hermann came in and shook
hands all round and then went out? /"
queried Mr.. Worthington.
Yes | heard that remark, Mrs. Her
mann replied
Did you also hear him declare the gov
eminent wanted him TO testify Hermann
and Mays were in his office looking over a
map and talking about the then proposed
Blue Mountain reserve!
Yes"
Did Meldrum not also say he was a
pretty old man TO go to McNeiils Island
but ne would go down before he would
swear 10 a lie against Binger Hermann
Yes ne said that, too.
Or, cross-examination Mrs Hermann was
asked about the incident In the restaurant
In Portland when her husband stopped at
another table and talked to Mr.. Ritten-
house and the Messenger Muller She said
Mr. Hough Mr.. Hermanns former private
secretary, was also sitting at the table with
Rittenhouse and Muller
Christian Muller, the messenger. was also
positive Hough sat at the same restaurant
table though his recollection on every other
incident Of the day In question was shown
to be indistinct
Attorney II. Prescott Galley. son-in-law
of the defendant. was sworn as a witness.
He also denied ever having invited Meldrum
TO visit Mr.. Hermann at his home. or that
he even suggested such thing gave
Meldrum his house address.
Condition Of Nathaniel Mckay.
With a view probably. to preparing the
way TO argue to the jury that Nathaniel
Mckay. proprietor of the Dewey Hotel,
could not have gone down into the city to
get change for one both of the 81 900
bills for Senator Mitchell. as one of the
government witnesses testified he did. the
defense called Attorney Henry C. Under
wood and Edgar NJ. Cologne. The former
was attorney for Mr.. Mckay and for the
Dewey Hotel Company. and the latter book
keeper at the hotel.
Both stated Mr.. Mckay was in feeble
health from January, 1902. until his
death. July 10. 1902:
Attorney Galley was recalled and gave
testimony tending further to impeach the
witnesses Weldrum and Sorrenson.
Ordered to New York City.
Brig Gen. Albert l.. Myer recently pro-
NOTED from colonel of the 18th Infantry