Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-20

morning session. Both testified at length
concerning the practice, in the general con-
duct of business of the commissioner ONCE,
of copying great majority OF letters
written into the books, which, it is alleged,
were destroyed. The two former secretaries
also declared that during the last weeks OF
the commissioners tenure of Office much
larger proportion of the letters were taken
into the different divisions of the land office
to be copied.
Note Book identified.
At the opening of proceedings before JUS
tice Stafford this morning DIR. Roger was
Immediately called to the stand, and after
a few preliminary questions by United
States Attorney Baker, stenographers
note book was placed in witness hands and
he identified it as one used by him while
serving as Mr.. Hermann's secretary.
1.-The Stenogra phic notes were taken by
you?" Mr. Baker asked.
Yes. sir; letters dictated by Mr.. Her.
mann"
Where were they copied and how sent
out of the Officer
Usually copied in the commissioners let
ter press books and mailed in penalty en-
velopes.'
Mr. Baker then offered the note book in
evidence, but Attorney WOrthington put
series of questions to DR.. Roger, and then
objected to the book going in.
II object because it appears from Wit
ness testimony the stenographic notes do
not show which of the letters might have
been altered in form by the commissioner
before mailing, and the notes do not indi-
cate any particular letters which, after be-
ing written. might not have been mailed at
ALL Mr.. Worthington said
Very WE'LL Mr.. Baker answered
Il withdraw the note book at this time,
and we will offer a number of actual let
tiers to prove what we desire at the proper
time
NJ
Worthington added, that will not OBJ
ject to the contents of the note book being
offered in evidence if the United States at
torpey will make the same statement as he
did yesterday with reference to the Steele
and Simon letters, that he does not expect
to try to prove criminal intent on part of
the defendant by them"
Il will make no such statement Mr..
Baker replied.
Identification of Letters.
The identification of great number of
actual letters was then taken up, but the
proceeding was interrupted before going
| very far when Mr. Worthington brought
out a new point, namely, that Mr.. Her.
mann sometimes ordered letters to be
and the pages cut out and preserved.
| number of questions were asked DR..
| Roger about such practice, but he was
| able to remember only that the copying
of letters anywhere except in the COM
missioners personal books was very
| rarely done.
| I'VE wish to note an additional objec-
ton to the letters being offered, then,
| your honor" Mr.. Worthington stated,
because this witness cannot be sure the
letters about which he is testifying were
| copied into the books or not"
Before disposing of the matter Justice
Stafford personally questioned the wit
ness. saying in part as follows:
| DIR. Roger, in order that / may rule on
| tbiS uneStipp I would like n have
! state whether any of these letters die
| tated to you by Mr.. Hermann and signed
by him were ever copied in the back of
| the letter press books and the sheets cut
| out and preserved
| Il do not think So" witness replied.
Then 1 think the evidence on this point
Stafford said, and the defense was per-
mitted to note exceptions en- bloc to the
Introduction of all the letters.
| The naturalization of letters was contin-
| ued, and more than Seventy-five were Of
| fered evidence and admitted by order
| of the court.
what was the custom of the Office in
| disposing of original letters which came
| into the office and were answered by Mr..
| HERMANN Mr. Baker inquired.
| 1.-The notation Answered by B. H. or
| upon them and they went into the regis
| tration room for fling" DR.. Roger an
| swered.
land what became of the answers?"
| SOpleu iHtO COMMISSIONER lSltei -pIcSS
| books"
Identification Of Letter.
| stenographer's note book numbered
| exhibit Ii was offered DR.. Roger, and he
| identified it as having been used by him
while acting as secretary to Mr.. Hermann.
Under questioning by Mr. Baker he also
identified particular letter referring to
the Blue Mountain reservation, and the
United States attorney offered the letter in
| evidence, stating as he did so that 1t raised
| a vital point in the case.
| I'VE have a right to show the motive of
the defendant in destroying the copy
| books" Mr.. Baker said, land it is our con-
| tention that every letter written by Mr..
Hermann in reference to the Blue Mountain
| reservation is admissible in evidence to
show motive. Every letter is a link in the
| chain. 1 will go further, and say we wish
| to offer the Blue Mountain letters to show
the friendly relations between the defend
! ant and the man or men to whom they We're
| written and, in fact, the criminally init
| mate terms between them; to show con-
| spiracy to defraud the United States, and
| violation of section $40 1t Is vital point
| in the case, and one which will probably
! require considerable time for argument.
II would like to hear brief statement
by the defense before deciding whether
| this is matter which may properly be
| presented at this time Justice Stafford
J announced.
I'VE object because there has been moth
| ing shown to indicate that the defendant
| Will De-called upon mere TO meet cnarSe
| of criminal conspiracy; because there is
| nothing in evidence to show the letter.
| press books contained anything about the
| Blue Mountain reservation, and because 1T
| is impossible to tell from the note book
| whether letter there inscribed was tran
| scribed, copied and mailed" Mr.. WORTH
| ington explained.
| Both Sides Rested.
With this preliminary outline of what
will undoubtedly be another bitterly con-
tested point in the case, both sid g rested.
and it was agreed that full discussion Of TIN
proposition should be postponed. DR.. Roger
was temporarily excused from the stand,
and Elliott P. Hough, private secretary to
Binger Hermann, with the exception OF
eight or nine months, during his entire ten
ure of office, was called as a witness.
Mr. Hough was asked whether he had
written letters, at Mr.. Hermann's dictation
to the late Senator Mitchell. Senator Simon,
Senator Corbett and Messrs. Brownell
Hirsch, Bourne. Barron, Gerlinger. Under
| wood Mays, Ormsby, Loomis, Stratford,
Bridges, Booth Hendricks, Kinnard. Gallo
| way Jones, Allen. Taggart, Mathers.
Tracht and others. He replied generally in