Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-13
TESTIMONY WAS
ABRUPTLY ENDED
Trial of Representative Binger
Hermann Begun.
ATTORNEYS DEBATE POINTS
Exclusion of Witnesses Subject Of
Spirited Discussion.
TWO EXCEPTIONS AGREED UPON
Assistant District Attorney Adkins
Presents Case for Prosecution,
Mr.. worthington for Defense.
ATTORNEYS DEBATE POINTS
TWO EXCEPTIONS AGREED UPON

NIL -" Va tA4AES SV4A AVA ASSASAoSs
The proceedings in the Binger
Hermann case in Criminal Court
No. I came to an abrupt close late
this afternoon as result of an OBJ
lection made by the attorneys for
the defendant to the introduction of
certain letters which the govern
ment had claimed were written by
Binger Hermann, while he was
commissioner of the general land
Office, relating to official business
and by his direction copied into
some OF the thirty-fve letter-press
copy books, which he is charged
in the indictment with destroying.
1t Is of record that in the Indictment Mr..
Hermann Is charged with the destruction Of
certain letter-press copy books. After the
indictment was found the attorneys for
the defendant asked the court to require
the government to give 1t a bill Of partic-
ulars showing what the government ex-
pected to prove. The government fur
n,shed this bill of particulars, and in 1t
stated that the letter-press copy books de-
stroyed by the defendant contained the let
tiers, some of private nature and great
many of an official nature. and no better
description of the books or contents could
be given.
When the prosecution began introducing
It's testimony today the district attorney
offered to put in evidence several letters
which he claimed were written by the de-
PENDANT on oi-.cial business and copied in
the letter-press books, and also stated that
he had a great many other letters of
like character which he would introduce
IN the case to show that the books were
matters, all tending to show the fraudu-
lent intent of the defendant in destroying
the books.
Attorney Worthington Objects.
Attorney Worthington. for the defendant,
objected to the Introduction of the letters,
because. he said. no intimation of the ex-
istence of such letters was given him in the
bill of particulars. and for that reason no
notice was given to the defendant that he
would have to meet the Introduction of
such evidence at the trial The district at
torney contended that such letters were
competent to show the official nature of the
records destroyed. -r-.
following a statement by Justice Stafford,
partially upholding the contention Of the de-
PENDANT. the district attorney moved that
he be allowed to amend the bill Of partic-
ulars. Attorney Worthington again object
ed, on the ground that it would be practi-
cally new charge against the defendant
and thereby put him in jeopardy twice.
against the constitutional provision which
says that no man shall twice be put in
jeopardy for the same offense.
The court then adjourned until tomorrow
q uyh fch inn Nxyf11 Eao
plfcatfon of the district attorney to amend,
and will then probably pass on this vital
point in the case.
Introduction Of Testimony.
District Attorney Daniel w. Baker be-
gan the Introduction of testimony on the
governments side Of the case. Mr.. Her
mann, former commissioner of the gen.
eral land Office, Is charged with violation
of section 54OS of the Revised Statutes
OF the United States, which make II a
crime to destroy public records. Only a
little testimony was taken, however, be-
cause the opening statements of Assist
ant District Attorney Adkins and Attor-
ney Worthington consumed SO much time
that the noon recess hour was reached be-
fore the examination of the first witness
was concluded
The governments attorneys and counsel
Tor the defense engaged in a spirited de-
pate about noon as to the exclusion of wit
nesses. Mr.. Baker contended for the ex-
ciusion OF all witnesses with the exception
OF irving Rittenhouse. The District at
torney insisted to Justice Stafford that II
was essential to the governments case for
Mr.. Rittenhouse to remain in the court
room because he had been Of material as
sistance tn preparing the whole matter for
trial.
Mr.. Rittenhouse was at one time private
secretary to Mr.. Hermann. when the latter
,x,1fn -
also acted as private secretary to District
Attorney Heney during the time Mr. Heney
was actively engaged in the expose Of the
land frauds. Mr.. Rittenhouse was per-
mitted to remain In he court room and the
same privilege was subsequently granted to
Schiller Hermann. son Of the defendant.
Statements by Attorneys.
Assistant District Attorney Jesse D. Ad-
kins. In his opening statement Of the gov
ernment's case. outlined the plan of prose-
cution and explained in detail the workings
Of the land Office and the granting of land
patents to citizens in western states. He
said Mr.. Hermann kept letter-press CODY
DOCKS containing correspondence emanating
from his private ONCE as commissioner, and
ne declared great majority Of the letters
would be shown to have been on oficial
business of the department. Thirty five COPY
books accumulated during Mr.. Hermann's
connection with the land Office. 1--WE will
these books short time after his resiena-
ton was peremptorily demanded by Secre-
tary Hitchcock.
1T came to the knowiedy: o. Secretary
Hitchcock that investigators of land frauds
IN the west made report showing a sys-
tematic scheme was in existence In con-
nection with land grants. but that this re-
port was not brought to the attention of
the Secretary. Mr.. Hitchcock asked for
HERMANN resignation. The resignation
was made to the President. But before
the resignation took effect the thirty-flve
copy books were destroyed. We will show
you that these books were government
property. paid for with government money,
and intrusted to the care OF Mr.. Hermann"
Attorney A. g. Worthington then told the
jury what the defense would be- He said
the letters copied in the books were of a
personal and strictly confidential nature.
and the Law did not require Mr.. Hermann
to permit the government to see his pri-
vate correspondence.
Twenty talesmen were summoned to
court this morning in order that the one
vacant seat which remained yesterday at
the adjournment of court could be filled
Only five of them were examined.