Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-16
TRIAL DATE FIXED
LAND FRAUD CASES TO BE
STARTED IN APRIL.

Justice Stafford, presiding in Criminal
Court No. 1, late yesterday afternoon de-
cided that the Observation-Disclosures
Schneider land fraud cases must go to trial
ADril %.
Attorney A. A. Birney read to the court
an affidavit from Benson. one OF the de-
PENDANTS. describing the hardship imposed
on the defendants by bringing them the
breadth of the continent for trial. and said
1t would be necessary to bring about 600
witnesses nearly 1900 miles to meet the
evidence Of the government in event it
should attempt to prove all the transactions
set forth in the Indictment and bill of par
ticulars.
Mr.. Birney contended it would take the
wealth of a Croesus to bear the expenses
of the defendants in such a trial. He ex-
planned that Benson had already been
greatly impoverished in defending nearly
fifty civil proceedings, instituted by the
government for the cancellation Of patents
issued to him for the lands described in the
indictments, in addition to losses conse-
quent on the earthquake and fire in San
Francisco.
United States Attorney Baker strenuous
ly opposed the postponement of the cases
until fall, stating to the court that the
defendants had not protested against the
bill of particulars filed in the case until
eight months after it had been filed He
said the protest made in the affidavit Of
Benson and emphasized by the argument
of Mr.. Birney contained the same objec-
tons to trial in this jurisdiction as were
passed upon by the United States Supreme
Court in the removal proceedings which
the defendants carried to that tribunal,
opposing extradition to this district. Mr..
Baker also declared the defendants had
pursued diatory tactics and had succeeded
in Shaving off the trial for more than three
n6c Of Pak
said, to whom parcels of the land in con-
troversy had been conveyed by the de-
PENDANTS are clamoring for disposition
of the cases. so that the land Office may de-
eide the question of their titles
Time Needed to Hear Cases.
Attorney Arthur B. Pugh, who is espe-
cially employed by the government in the
land fraud cases, assured the court that
the prosecution could present it's case to
the jury before the end of May if the trial
is commenced on April %. This would
leave the defense only one month before the
usual summer recess in which to conclude
its side of the controversy.
Attorney A. S. Worthngton of counsel
for the defense told the court, if the trial
is set for April % and the government
should finish al the time promised, and Of
fer evidence of all the transactions set
forth in the Indictment. it would be neces-
sary for the defense to introduce in the
neighborhood of 600 witnesses, whose evil
dence could not be given in the space of
one or even two months. 1T would prob.
ably be necessary when the heated season
had set in Mr.. Worthington said for
the defense to ask that the jury be respited
and the case go over until fall for COM
pletion.'
Justice Stafford gave no intimation
whether he would permit the trial to be
split by a recess of three months, the term
of the usual summer vacation of the Dis
trict Supreme Court.
Attorney r. Golden Donaldson who repre-
sents the defendant Schneider, was also in
court and made similar objections to bring
ing his client and witnesses to this jurisdic-
ton for trial.