Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-28
CLAIMS H0UGH is HOSTILE
RULING BY JUSTICE STAFFORD

Private Secretary to the De-
fendant-other Proceedings.
A direct and strongly sustained attack
by United States Attorney Baker upon the
credibility Of former Private Secretary
Elliott r. Hough as a witness, was the
| feature of today's proceedings in the trial
| of Representative Binger Hermann in Grim
inal Court. No. I. The question regarding
Mr.. Hough's testimony arose after Attorney
Worthington finished cross-examination OF
| the witness and the government had begun
Its redirect questioning Objection was TAX
en- by the defendants counsel to the United
States attorney asking Mr.. Hough about
statements he had made before the grand
jury, before representatives of the govern
ment, and before Secret Service Agent
Burns and that precipitated Mr.. Bakers
attack. He said, in part:
Il claim he is hostile Witness and to
| illustrate I will call attention to his state
ments under direct examination, In which
he described the visit to Commissioner Her
mann by Mr.. Benson, in which he declared
the visitor merely said How do you do? or
something like that. and let 1t go at that
And then on cross-examination witness re-
| to describe a quarrel between Mr.. Hermann
and Mr.. Benson on that occasion. We de-
clare this witness has offered testimony on
the stand. which was decidedly at variance
with his statements on other occasions and
we claim the right to cross-examine him
| to test the reliability of his evidence"
Attorney Worthington again gave voice
to another objection, but Justice Stafford
took the whole matter out of the hands of
counsel for the moment and asked the
United States attorney the following ques-
| tom
You wish to say you put this witness on
the stand relying upon statements he made
| to the government, which were contra
dctory to statements he made In giving EVIL
dence here"
Yes Mr.. Baker replied.
And 1t Is your desire to question the re-
liability of his testimony to with
| draw 1t 30 far as possible from the jury?"
Yes"
Examination Proceeds.
Il think then the examination may pro-
ceed," Justice Stafford said. This witness
constantly disregards the instructions of
the court and of counsel, and he must an
swer the queries as put to him
How many letter books did Judge Lam
oreux use while he was commissioner"
the United States attorney asked.
More than one" Mr.. Hough replied
AS many az ten?'
"Oh! no."
"Ffve?
Il do not think So l remember only that
he wrote very few letters
How long was he commissioner
= -Four years" ......
Witness stated he put In the copy books
all Of the letters dictated to him by Com
missioner Lamoreux, nearly all of which
were of a personal nature. Commissioner
Lamoreux made no dstinctior as to the
mall answering only such letters
addressed to him personally, while Commits
sioner Hermann took all of the mail from
Oregon.
Did you not state before the grand jury
in reply to question asked by Mr., Beach
| that prior to the time Mr. Hermann came
into Office the letters received would always
be taken to the division to which they APP
pertained?" Mr.. Baker Queried. The .ques-
ton was reread several times. and witness
finally stated he could not remember just
what he had said. - .-r s,-
ibid you not make a statement to. Mr..
Rittenhouse and Special Agent Burns that
1t was by Mr.. Hermanns direction you
marked the letter books 'personaP21
Where was that?" Mr.. worthington in
| Room 1877 Interior Department." the
United States attorney replied.
/ Reading from a series of typewriter
notes. the United States attorney asked
Mr.. Hough whether he had made several
statements quoted to him before Assistant
United States Attorney Adkins a couple Of
weeks ago. The answers generally were
that witness did not know or did not re-
member"
The final outcome of the apparently con-
Trajectory testimony of Mr.. Hough regard
ing the visit Of Benson to Mr.. Hermann's
office was that witness suddenly remem
bered distinctly that Benson had called
twice.
when did your memory become refresh
ed about this matter?' sharply queried the
United States attorney.
II can not say" witness replied. except
I have been thinking a great deal about
I w r. BENSON
On cross-Examination.
In taking the witness for recross-exam-
ination Attorney Worthington: said that
he, too, wished to show contradictory state
ments by Mr. Hough. mot to impeach his
honesty or truthfulness. but to show his
memory to be defective" and some Of the
ground already covered was gone over
again in slightly different manner.
Have you received any compensation or
benefit or promise Of either from the de-
PENDANT or any one representing him as re-
ward from any testimony you might give
at this trial?' asked Mr.. Worthington in
mo, sir" Mr.. Hough promptly responded.
Mr.. Hough Excused.
The examination of Mr.. Hough was final
ly concluded early during the afternoon
session of the court, and Christian H. Null
Ter, a messenger in the general land office,
was called When Mr.. Hermann was COM
missioner, witness said. he was chief mes
senger and ne described the method of dis
trbution Of incoming mail. saying the COM
missioner gave orders that all mail from
Oregon should be placed on his desk, which
order was obeyed during his tenure of Of
fee.
Mr.. Muller said he often press-copied
Mr. Hermanns mail after 1t had been
signed, but he could remember no occasion
when he had taken letters written on the
.blue" paDer of the commissioners prl-
vate office to any one of the divisions OF
the land Office there to be made a matter
Of record.
For the first time since the trial began the
actual destruction of the copy books came
into evidence before the jury. Mr.. Muller
stating the order to destroy the thrty-five