Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-27
GOES OVER UNTIL OCTOBER
TRIAL OF ALLEGED LAND FRAUD
CASE DEFERRED.
Court Grants Motion~of Counsel in
Hyde n-Dimond-Schneider
Hearing.

The trial Of the Hyde Benson-Dfamond
Schneider alleged land fraud cases, which
had been tentatively set for Monday next
in Criminal Court No. 1, before Justice
Stafford. was today. on motion Of counsel
for the defendants, postponed until Mon
day, October p, 1907.
United States Attorney Baker and Special
Counsel for the Government Pugh strenu-
ously opposed the granting of the postpone
ment, claiming that the defendants had by
various technical proceedings already de-
layed a trial of the charges against them
for three years, and that the public inter-
ests demanded a speedy disposition OF the
case. Mr.. Pugh stated that numerous per-
sons who are interested in the lands IN
controversy are ,clamoring to. the land Of
dispose of their holdings. The government
had, he said, been put to the expense OF
ne and d h Seearsd that ns
by the end Of the first week Of June
Attorneys A A. Birney, A. 5. Worthfng-
ton. r. Golden Donaldson of the local bar
Judge ]. c. Campbell of San Francisco and
Attorney Frank F. Vanderveer of the New
York bar who represent in different capac-
tiles the four defendants. urged on the
court the hardship which would be entaifed
by starting at this season a trial which
in all human probab ility could not be con-
cluded before August or September, thus
requiring the court jury and counsel to
sit throughout the warm weather.
Attorney Worthington said that during
the entire course of his practice before the
District Supreme Court he had never known
of such a requirement being placed on
counsel. He also urged as personal con-
sideration the fact that for nearly three
months he has been engaged in the Her
mann trial and has had no opportunity
before last night to even consult with his
client in the alleged land fraud cases.
Half Hundred Witnesses.
Attorney Birney told the court that the
defense would probably have to call o24
witnesses, and charged that the govern
ment had subpoenaed from the land offices
of the states of California and Oregon all
the records and correspondence relating to
school lands for the past thirteen years,
the mere reading of which, he declared,
would consume weeks of the time of the
court.
In granting the postponement Justice
Stafford said he did not consider his per
sonal convenience, for as far as he was
concerned if the government business de
manded his presence in Washington
throughout the summer he would be glad
to stay here. but he was obliged to con-
slider the convenience of counsel and the
hardship which would be placed on a jury
to require it to sit throughout the sum
mer. He said if the case were started it
would be necessary to hold court contn-
uously until a verdict was secured. His
eTnments case in chief, he said. was eleven
weeks, and it was very clear the case would
occupy the time of the court for several
months. He therefore directed that the
trial should be set down for the earliest
date next October that suited the conven-
fence of the district attorney.
Reasons for Request.
Mr.. Baker asked that the third Monday
in October be specified in order that Jail
cases of pressing Importance might be first
disposed of after the convening Of the court
in October.
This disposition of the HYDE Benson-Di-
mond-Schneider case leaves clear the way
for a trial before summer OIL the case of
Mrs. Annie NJ. Bradley, indicted for muir
der In connection with the death of former
Senator Arthur NJ Brown of Utah at the
Raleigh Hotel last December. 1t is expected
District Attorney Baker will shortly ask
the court to name date for the commence
ment of the trial. Attorneys Wells, Hoover
& Wells. local counsel for Mrs. Bradley
stated some time ago that their client would
be ready for trial by May 10.