Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-23
HAS ITS DAY IN COURT
Argument for Defense in Bin
ger Hermann Case.
Mr.. WORTHINGTON SPEAKS
Expectation That Trial Will Ena
Next Friday.
EVIDENCE OF GOOD CHARACTER
Counsel Points Out Value Of Certain
Testimony-Alleged Influences
of Petty Graft"
Mr.. W0RTHINGTON SPEAKS
EVIDENCE OF GOOD CHARACTER

Argument for the defense in the trial OF
Binger Hermann was begun at the opening
Of the session today in Criminal Court No.
by Attorney A. s. Worthington In his
first statements Mr.. Worthington did not
touch upon the actual charge that Mr..
Hermann destroyed thirty-five letter press
copy books Of the records of the general
land Office upon resignation from the COM
missionership, but devoted himself to dis
cussion of the evidence Of the good char
acter of the defendant. He declared great
weight should be given to the testimony
concerning the excellent reputation of Mr..
Hermann. 1t is expected the statement OF
the defendants side of the case will con-
sumo two full court days, and the final
summing up by United States Attorney
Baker and the charge by Justice Stafford
all of Friday, SO the case will go to the
jury Friday evening.
MIR. Worthington ridiculed the tenor of
the evidence relating to what he termed
IAN effort to blacken the character of the
defendant by drawing up differences of petty
graft which could not be substantiated."
The position taken by Mr.. Hermann
with reference to the division of Clerk Rob.
ertsons salary was a perfectly natural
one the attorney continued. You have
seen the enormous amount of business this
defendant had to transact. too much for
one man to care for. and was it not to be
supposed the arrangement should be made
to pay Robertson a fair compensation and
the balance of the money to another man
to assist him? That is what Mr. Hermann
said was the case. and there is no evidence
to contradict him..
Alleged Lack of Testimony.
Mr.. Worthington also declared there was
no testimony to show the defendant as re-
ceiver of the Roseburg (Ore.) land Office
in 1878 was dismissed for violation of the
law incident to taking up land claims when
in the public service.
Questions which the government intro
duced along this line absolutely failed of
affirmative answer" counsel asserted and
claim the queries were unfair because
they were simply calculated to place an in
ference before you.
Taking up the actual question at issue,
Mr.. Worthington read a series OF prayers
for Instruction to the Jury granted by the
court and he laid great stress upon the
ground that the jury must find for the de-
PENDANT unless they believe. beyond rea-
sonabie doubt, the letter press copy books
were required to be kept by the usage and
custom of the general land office; that
they contained copies of official letters, and
that the copies were required to be kept
for purposes of reference In connection
with the business OF the office.
MIR. Worthington argued the custom of
the land office was just the opposite from
the contention of the government. and that
each succeeding commissioner treated as
personal and private" the letter books
kept in his own office, and he quoted from
the testimony of former Commissioners
Burdette and Stockslager. and Senator
Teller former Secretary of the Interior.
At Afternoon Session.
For the first time since the trial began,
except on the day when she appeared as a
witness in her husbands behalf, Mrs. Bin
ger Hermann occupied seat alongside Mr..
Hermann at the defendants table at the
opening of the session of the court this
afternoon. MIR. Worthnston continued his
argument, devoting considerable time to a
review of the various classes of letters
which went into the destroyed books.
He took many actual letters to illustrate
his contention that mo sane man could
have had intimately personal communica-
tions such as correspondence by Hermann
with members of his family and close
friends, copied into letter books which were
to remain of record in general land office
for all future time
Mr.. Worthington made calculation on
the blackboard by which he sought to show
If Mr.. Hermann had written letters at the
rate OF thirty per day. as claimed by the
government, at least 1855 letter books In
stead of thirty five would have been requlr-
ed to contain them.