Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-13

George 2. Smith. walter Murphy; Frank
n. Smith. CIem W. Sheriff. William E.
Edward E. Ward, David Davis and Charles
A. Richardson.
After q long conference in which justices
Stafford. Attorney Worthington. the latter
representing the defendant Binger Her
mann, and District Attorney Baker partic-
ipated, the formal opening statement Of the
case for the government was made by As
sistant District Attorney Jesse D. Adkins.
He described in detail the inner workings
Of the general land ONCE and its various
state branches, and referred to the partic-
ular charge in the Indictment that the de-
PENDANT had. January 30. 1903, DESTROYED
thirty five letter press copy books from the
records Of the land offlce.
TN order to prove the charge I'm the fn-
that before the time Ringer Hermann as
sumed the office Of commissioner OF the
land office only such letters as were marked
Private or Personal" and addressed to
by the incumbent OF the Office. In 1897,
when he was appointed to the Office the de-
PENDANT made a change and directed that
all mail which came from his home state.
Oregon, should be placed on his own desk.
Procures Letter Press Book.
At the same time. or whereabouts. Mr..
Hermann directed his messenger to secure
a letter press copy book ana IN the course
Of his tenure Of offlce these copy books ac-
cumulated to the number Of thirty-ive.
The letters were on all conceivable sub
jects. but Mr.. Hermann answered practt-
cally all of them"
After detailing the particulars of the re-
port on the general laad fraud cases, As
sistant District Attorney Adkins asserted
that the then commissioner Of the land
office, Bfnger Hermann, was severely repri-
manded by Secretary OF the Interior Hitch
report. and the Secretary subsequently de-
manded Mr.. Hermann's resignation.
Mr.. Hermann's resignation was not vol
untary," declared Mr.. Adkins (and Attor-
with an objection. but the statement went
in under an exception). '"The defendant
sent Senator Mitchell to intercede with the
Secretary. but Mr.. Hitchcock was obdurate,
nation should not take effect until Febru-
airy 1. 1908 or moro than one month after
the conversation occurred. The resignation
was written January 49, 1908.
"Only two days before Mr.. Hermann was
to leave the Office he directed the messen-
ger to destroy the thirty-hve copy DOCKS,
said Mr.. Adkins, and he described the
peculiar method followed in the destruc-
ton Of the books In that one-haf Of each
leaf was first torn out and thrown In the
waste paper-and subsequently the re-
remaining portion Of the books was SIM
ilarly treated. b
I'VE will endeavor to show you, gentle
men Of the jury, that the motive of Mr..
Hermann in destroying the books, after his
resignation HaQ DeGn 00uldHQcas was "
cover up any evidence contained In the
correspondence by him with these persons
in the west who were accused OF the land
frauds"
Attorney A. s. Worthington made brief
answering statement for the defense. claim
ing that 1t will be shown all the books
contained private correspondence. He called
attention to the fact that there was no at
tempt at concealment in the destruction or
the books.
Hearing Of Evidence.
When the taking Of evidence was begun
the district attorney presented as exhibits
certified copies of the appointment and res
ignation and oath of office Of Binger Her.
mann.
DR.. Harry S. Refger, now a practicing
physician in Oregon, but in 1903 clerk
and stenographer in the general land office,
was the first witness called. He testified
that he acted as private secretary to Mr.
Hermann for some time, and he gave the
names of number Of persons with whom
the defendant was then in correspondence.
Answering questions propounded by Dis
trict Attorney Baker, the witness said Mr..
Hermann went away one month each sum-
mer, and he described the distribution or
the mail of the office at such times
Objection was made by counsel for the
defense. but Mr. Baker declared his purpose
was to show that In Mr.. Hermann's absense
the daily mail was of such character that
it could be. and was, cared for by other
OiflClaiS OF tHe lauQ ONCE. Inc evidence was
allowed to 30 in. -.
lin the ordinary course of business where
were the letters copied which had been
written at Commissioner Hermann's dicta-
tien%' asked the district attorney.
TN the PERSONAL copy books of the conn
missioner" replied DR.. Reiger.
II desire to offer our exhibit No. Is.
| letter" continued Mr.. Baker. and the mis-
sive was identified by DR.. Reiger as one
written by him while he held the position
as secretary.
Il object to this letter going in evf-
denee." said Attorney Worthington, land
| would like to know the purpose"
ITO show that it concerned official busl-
| ness reterted Mr.. Baker, land will say
| here that we desire to offer in evidence
every letter written by Mr.. Hermann dur
| Ing his tenure Of the office of commissioner
Of the land Office which We have been able
| to procure in the preparation of this case,
whether the letters are of a personal ma
| ture or Of a business nature"
By further questioning the district at
torney brought out the statement that
great majority of the letters written by
| Commissioner Hermann and copied in his
| letter-press books were-sent~ out in
ranked envelopes of the department.
At this point a recess was taken until
1:15 o'clock.