Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-27
LACKING IN INTEREST
Proceedings Today in the Bill
ger Hermann Case.
ONE WITNESS ON THE STAND
Former Private Secretary to Commits.
sioner Testifes.
THE DEFENSE CR0SS-EXAMINEs
Argument as to the Character Of Cues
= tions Concerning Custom
Of Land ONCE. a
THE DEFENSE CR0Ss-ExAMINEs

estihS tHah any previous DAY during the
hearing. Elliott P. Hough. formerly private
secretary to Mr.. Hermann during his In
cumbency of the position Of commissioner
of the general land Office, was the only
witness on the stand during the morning
session.
The government completed Its questioning
and Mr.. Hough was turned over to the de-
tense for cross-examination shortly before
the noon recess. 1t is probable he will
be on the stand all afternoon.
Elliott p. Hough Recalled.
When the trial was resumed this MORN
Ing Elliott P. Hough was again placed on
the stand He was shown a number of
letters received by Commissioner Hermann.
the answers to which. witness said, would
have been copied into the DESTROYED books
In the ordinary course of business. The in
PRODUCTION Of that class Of letters marked
a new Phase In the case. and decided OBJ
1ection was made to one Of them being ad-
United by Attorney Worthington
There was nothing In the bill of par-
ticuiars In reference to these matters" he
SAID, and l cannot see how the govern
ment can expect to show any motive for
destruction of the copy books by bringing
IN great mass Of correspondence"
I'VE will not seek to controvert the fact
that such letters were received by Commits
sioner Hermann In the general land Office"
deny he answered such general class of
books" No
a large number Of the letters were in
evidence, however, before the defense OBJ
1ected to particular one of the lot. and
the United States attorney decided not to
go Into the matter further
branchlng or to new line Of queries,
Hough:
who was the first private secretary to
Commissioner HERMANN"
Il was
Disposition Of Mail.
What was the disposition of the mail
when Mr.. Hermann assumed his position?"
AT first all letters bearing stamps and
addressed to the commissioner were placed
on my desk. and only those marked Per
sonat- or Private were placed on Mr..
Hernianns desk"
Was any change made in handling the
maiIF'
Subsequently all Oregon mail was taken
in to the commissioner"
What happened whsn Mr.. Hermann was
II remember one month when he was
away and I answered all mall and signed
his name and one copyoook was filled with
the Letters showed him that book when
After nrst submitting the question to Jus
dce Stafford at the bench, Mt the request of
the defense. the United States attorney was
permitted to ask the witness 10 refresh his
memory, whether he had not made a state
ment In the United States attorneys ONCE
two weeks ago that he had written letters to
one F. p. Mays at the commissioners die
and some on land office matters.
Mr. Hough answered that he could not re-
member.
Did you know John A. Bensonr' the
United States attorney inquired
mo"
"ao- often did you see him in the com
Once that I can be sure about"
Yes" =. = .r... D.
He came to the once how oftenr-
Probably once week"
Sharp Legal Contest.
The witness. Mr.. Hough, had scarcely
been turned over to Mr.. Worthington for
cross-examination when a sharp argument
arose as to the character of questions
asked him concerning the custom Of the
Office under the regime of previous COM
missioners.
Il offer to show. If am allowed to do
So" Attorney Worthington said. that 1t
has been the custom during the past TWEEN
ty-five years or more for each commits
Eoner going out of Office to take his
personal letterpress books with him, ex-
cept In one instance, and then the books,
outgoing commissioner
Reading from the Indictment, Mr. Worth
ington laid particular stress upon the
words books required to be kept in the
general land Office" and closed his argu-
ment with the statement that he pro-
posed to show 1t was the custom and
therefore, the law of the land office for
each commissioner to keep the personal"
ietterpooks and to dispose OF them as each
saw fit.
United States Attorney Baker argued the
opposite ground. stating the intention of the
government to demonstrate that the books
kept by Commissioner Hermann differed
materially from those of his predecessors
In that Mr.. Hermann had diverted a large
class Of mail from his home state to him
self. which class OF mail would ordinarily
have been handled in the divisions of me
land office. The questioning along that
line was largely restricted by the court.
did the official mail from branch land
omces In Oregon or from special agents in
the field who happened TO be in that state
80 to Mr.. Hermann asked Mr.. WORTH
ington:
No" N: Hsash replied: ''the commits
Sevenal letters written by Mr.. Hermann
to members Of flis family and to personal
and political friends were offered In evf-
was the geaeral character Of many Of the
letters which were copied into the destroyed
books.
1ss.1on This Aftsrnsea-
ContisMing his cross-examannfxon af the
afternoea Dess1on Attorney Werthiuxtoa
secured the aAenfiacaf1oa By Mr.. Houeh
OF nunber of aetaars written 10 the GEM
missionF's son. 6chi1ler Hermann, ana 70
intimate friends Of Ar. Hermann IN Ore.
gon. and the n1sa1ves were married a. ex-
hibits Cor the defenoe and were read to
the jury. Ar. Hs1gA said ths ietfsrs I'm
the natural eo1rO q evsnfs IN fhs COM
missionsa'0 oGAno R0ul1 have ho1a cDpiod
into thu destroyed heaAa.
building 4srm1tz EssusA.