Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-15
TWO IMPORTANT LINKS
ADDITIONS TO CHAIN OF EVIL
DENCE FOR GOVERNMENT.
Probable Argument to Jury by United
States Attorney in Binger
Hermann Case.

Two important links were added to the
chain of evidence of the governments side
of the Binger Hermann trial after The
Stars report closed yesterday afternoon.
One was when United States Attorney
Baker succeeded In laying the foundation
for what will probably be one Of his most
important arguments to the jury. and the
other when he returned to the principal
issue In the case-the effort to prove the
thirty letter-press books, destroyed by
Hermann at the end of his term as COM
missioner Of the general land Office. con-
tanned official letters to make them govern
ment records.
Frank I. Wood Dana o. Sherman, ]. 8.
Williams and Charles l. Dubois, clerks in
the general land Office. were the witnesses
called to identify documents which were
taken into the court from the files Of the
greater or less moment in the handwriting
of each of the four.
Germane to Real Issue.
Mr.. Dubois, chief of the division Of sur
veys. gave the evidence germane to the
real issue in the case when he read from
several old letter files the words-"Answer-
ed by commissioner" and that Endorsement
he said, in the ordinary course of business
in the office during Mr. Hermann's regime
would serve to indicate that the record of
an answer to a letter would be found In
the commissioners personal letter books
Some of the letters identified related to
correspondence with former Senator Sim
mons of Oregon, and others to a new in
strument proposed to be used at that time
In surveying.
Indication of one of the lines of argu-
ment which will probably be followed by
the United States attorney in the final
presentation of the case to the jury, was
afforded when the government offered In
evidence the press copy of telegram bear
Ing the signature of Binger Hermann, I'M
der date of June %, 1862. The message
was directed to Special Agent Holsinger
at Phoenix. Ariz., and read as follows:
Camera sent you by express, kalispell
Montana. You start there July l. Sus-
pend work Arizona until your return"
Started Only to Be Checked.
According to evidence previously given
in the case. the letters from J. A. Zabris-
kle of Tucson. Ariz., giving information
Of the land frauds, reached the land office
early in May, 1902. and letter directing
Special Agent Holsinger to investigate the
charges made by Mr.. Zabriskie was mailed
to Holsinger, at Phoenix, June Is. The
telegram ordering Holsinger to proceed to
Montana must have reached Phoenix only
two or three days after the letter. 1t Is
said the United StaeS attorneys argument,
from these facts, will be that the investi-
cation in Arizona was started only to be
purposely checked, and the special agent
practically immured in another section OF
the country where his services could not
possibly be of such value to the depart
ment as would have been an immediate in
quiry into the alleged gigantic frauds In
the west, particularly Arizona and Califor-
mia and Oregon.
When court adjourned Justice Stafford
ordered that the Hermann jury be excused
until next Monday morning at 10 o'clock
States attorney probably will complete the
governments side Of the case next week.