The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-26
DECIDES AGAINST HERMANN
Justice Stafford Holds Government
Should Present Its Case.
Prosecutor Declares He VIII Prove
Accused to Have Been Concerned
in COnspiracies.

Taking the ground that he believed the
government should be permitted TO pre-
sent its case, and that the Court Of APP
peals would adjust matters II it found
him to be in error, Justice Stafford yes
terday decided in favor Of the prosecution
two points of law, each of them vital to
the continuance Of the trial OF Represen-
tative Binger Hermann. Both points were
raised and argued AT length during the
course of the trial last Thursday, and at
that time the court reserved its decision
Il do not feel sufficiently certain that
the points taken against the government
are sound to justify me in ruling for the
defense" said the court, FOR il 1 should
do so. 1t might very likely be the end Of
the case. Accordingly I viii not go into
the question whether the grand jury had
before it sufficient information 10 find q
more particular description OF the books,
which Mr. Hermann is charged with de-
stroying. and / shall permit the govern
ment TO show, II it can. conspiracy be-
tween the defendant and persons 20 whom
he had addressed letters which were
copied in these books. for the purpose Of
showing q corrupt motive or purpose in
destroying the books"
With the announcement Of this signal
victory for his side. District attorney
Baker Immediately took up an earnest
quest OF evidence which would tend TO
show that not all Of the letters copied
into the destroyed books were Of nature
personal to Mr.. Hermann.
DIT. Harry Roger who was a witness
last week, was recalled to the stand. and
he testified. while he was acting as
private secretary 10 Commissioner Her
mann, fully s. per cent Of the letters
written at Mr.. Hermanns own dictauon
were copied into the private" press
cOpyboOks. and he also declared almost all
OF the letters so written and copied went
out in the mails in penalty" envelopes
Of the Office.
Joseph r. Bridges, formerly register Of
the Land Office at Roseberg. Greg, de-
scribed a sudden descent made upon his
office by the government investigators,
and he identified a letter written by Mr.
Hermann. as having been taken when his
desk in the Roseberg Office was broken
open.
George Wagner. an employee for a num-
Der of years in the Office Of the surveyor
q
visit made to the surveyors Office by
Bnger Hermann and Representative J.
y. Williamson, when the two remained
in close consultation for long time over
land map with all newly surveyed
township lines upon it. Wagner also
identified a letter signed by the defendant
as having been received In the surveyors
Office in May, 1901
We offer this letter to show that the
copy Of it is the one missing link in a
chain of correspondence in the Land
Office records" said Mr.. Baker, and in
the spirited collOquy between counsel
which followed, the district attorney de-
clared: We will prove Mr.. Hermann to
have been concerned in conSpiraCies. and
we viii also show in other cases he had
knowledge of frauds, which. as Commits
sioner of the Land Office. it was his
sworn duty not only to stop, but to take
steps to punish the offenders"