Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-05
B|NGER HERMANN CASE
Arguments in Regard to Admis-
sion of Evidence.
COURT PROCEEDINGS TODAY
Further Cross Examination of Senator
Fulton.
MR.. TELLER ALSO TEsTIFIEs
Feature Of Session Yesterday After.
noon-wide Field Of Discussion
Line of Examination.
r. TELLER ALSO TESTIFIES

Strenuous arguments for and against the
| admission of further evidence tending to
| show the defendant, Binger Hermann, to
| have been connected with the land fraud
| conspirators and conspiracies. as furnishing
| a motive for the destruction of the letter
| press copy books when Hermann retired as
commissioner Of the general land office were
the feature proceedings today in Criminal
Court No 1.
| At the opening Of court this morning At
| torney Worthington asked permission OF
Justice Stafford to further cross-examine
| Senator Fulton In reference to the facts
brought out yesterday afternoon by the
| United States attorney. Senator Fulton took
the stand and made explanation of the
| Burke-Josslin incident, in part, as follows:
| "Josslin came to my office one day In 1880
| and explained that he and some others had
| been arrested, and stated the circumstances
| OF the case and wanted me to look after
the case. This was before I was senator I
think was in the legislature. / saw Hail
| and explained the circumstance to him.
| Hall said he would look into matters more
fully. and it would depend in large meas
ure on the attitude Of the department at
Washington. did not recollect sending that
telegram. Nothing came Of the case. I
have no recollection of writing the telegram
or the letter. do remember seeing Hall.
Josslin was an old friend of mine did not
act as counsel for these men-merely as a
friend. charged them nothing for what
| did"
| On redirect examination Mr. Baker asked
| II the senator desired to be understood as
saying that Burke and Josslin were never
| indicted.
| II can't say that. but I do know they
| were never tried" witness replied.
| did you not have a conversation with
| Mr.. Hall about the indictment against
them?"
| 81 don't recolIect."
! WAS not Mr.. Hall subsequently removed
from office as United States attorney?",
Did you not write letter recommend
ing the reappointment Of Hall?"
Il never did recommend his reappoint-
| ment and you can't produce such a let
| ter
| Mr. Baker asked the witness to step
| aside while search was made for certain
letter. The senator left the witness chair.
| declaring as he did so that Mr.. Baker
could not produce a letter over his sigma
ture asking fer Halls reappointment.
The United States attorney stated he did
| not say he had such a letter. After a
colloquy between Mr.. Baker and Attorney
Worthington, the senator was excused.
Senator Teller Called.
After this proceeding the defense in
| formed Justice Stafford that Senator Teller
was in court. and asked that, as an ac-
commodation to the senator, the defense be
| allowed to examine him out of the regular
| order. Senator Teller was sworn and testi.
| fed to the good reputation of the defend
ant
| He was asked what was his custom while
| Secretary of the Interior about twenty five
| years ago, as to keeping personal letter.
books, and his answer was that he kept per.
| sonal books in which he had entered some
things relating to public affairs whihc he
| did not think should be spread on the pub
| lie records.
when 1 left the office took the books
| away with me-" Senator Teller declared.
''The books also consisted of letters of q
confidential nature. giving me information
for my personal use concerning the affairs
of the department. There was no regula-
ton requiring the books to be preserved.
custom and usage"
Where did you get the blank letter
books?' United States Attorney Baker in.
quired.
II think 1 furnished them myself. don't
think used public books" the senator re-
piled.
In answer to Mr. Worthington witness
stated that his recollection as to furnishing
the books himself was not entirely clear.
The stationery upon which the letters were
written that were copied into his personal
books, Senator Teller said, was govern
ment paper. Letters from personal friends
regarding the status of cases were put In
the senator's personal books.
The senator cross-examnation said he
had more than three such books.
The senator was shown a letter received
by Mr.. Hermann and asked IL reply to
such letter would have been put by him
in his private letter books He answered
such would depend upon the person
from whom the letter had been received.
Senator Teller was asked what letters he
had directed to be put on his desk while
Secretary.
His answer was 'all letters addressed to
him personally"
Did you receive all mail coming to the
Dem rfm from
Of Colorado?' Mr.. Baker queried.
II presume not" witness answered.
when you took your books away did
that in any sense destroy the continuity Of
the correspondence records of the officer"
the United States attorney asked.
II do not think So" replied Senator
Teller
That practically ended the examination OF
character witnesses for the present, and the
government recalled Henry Medium, for
mer surveyor general of Oregon.
do not answer this question" United
States Attorney Baker directed. and he
opened another wide field Of discussion by
spreading on the record the query:
What did Mr.. F. p. Mays say to you
about the forest reserve and school lands
proposition before Mr.. Hermann came fny
The balance OF the morning session was
devoted to argument for and against the
admissibilty of evidence The government
contended 1t entirely competent to
PENDANT by showing his association with
the men Involved.
Ruling by the Court.
After hearing the arguments of both
sides Justice Stafford ruled the contested
question might be answered. and Mr..
Medium detailed well as he could re-
member it the conv ersation between him.
self and Mr.. Mays in the Office In Portland
on the day Mr.. H9rnfann visited the ONCE,
but before the aster's arrival He said
Mays spoke of ecu ring school lands In
the Blue Mounta ron, and witness de-
clared he and a. ere in the midst OF
an examination u tie surveys and maps
when Hermann ~ ed Testimony pre-
viously given yaE % the effect that Her
mann, Mays AIS IL drum continued ex-
animation of tas aps and conversation
about them.
Re anoniny IF fha aftaruoon oa,sto~