Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-26

IN III was PdoSNu anu IA Gil
storms were mentioned during a
crash of verbal pyrotechnics at the
close OF the summing-up argument
by United States Attorney Baker
to the jury in the trial OF former
representative and also ex-Com-
missioner of the Land Office Bing-
er Hermann in Criminal Court No.
1 this afternoon
The exciting scene was preclpitated
when Mr.. Baker asked whether the jury
had observed counsel for the defense at
the time Mrs. Hermann was asked. in
cross examination, if she had talked with
anyone in regard to her testimony.
Does counsel mean by that to say that
| signaed to the witness while she was
on the stand" Mr.. Worthington interrupts
ed, rising. because If he does only the
presence of the court prevents ME from
resenting such statement as it should
be resented"
mo, but 1 do say that Mr.. Worthington
blushed and appeared confused" the United
States attorney retorted.
1T is falsehood,' Mr.. Worthington an
nounced.
There will be no more of this colloquy
between counsel" Justice Stafford an
nounced. IF objections are to be made
they will be made to the court 1 will
treat contempt Of court any further
references of the Sort
Caution to Jury.
A few minutes later the United States
attorney concluded his argument and JUS
tice Stafford directed a recess until l:45
o'clock. Justice Stafford cautioned the
jury. saying in part:
In view Of the brainstorm which has
just occurred in court I think il advisable
that you do not mention the case among
yourselves during the luncheon hour. but
keep your minds free Of 1t until you have
heard calm statement and have received
1t into your own hands for final disposition
Frauds in Puter Gases.
"This man knew Of the frauds in the
Puter land cases." Mr.. Baker declared
during his argument today, pointing an
accusing finger at Bnger Hermann He
cannot come here and say that Gov. Rich
ards, then assistant commissioner of the
general land office, passed the claims to
patent, and by that means wash his
hands of the whole transaction. and assert
his innocence now that the frauds have
been exposed
cover his tracks. but he had the papers on
his desk, and as commissioner and head or
the bureau it was his business 20 stop a
transaction in which he knew the defects.
Referring to the Hyde-Benson cases, as
they have cropped up during the trial, the
United States attorney said the government
had proved the existence of a conspiracy.
Hermann was the paid tool of Senator
Mitchell, and Mitchell was the paid tool OF
the Hyde Benson combina tion," he asserted.
THE defense has sought to befog the
issue at hand: They knew they could not
come here and acquit this defendant OF the
charge against him. so they made effort TO
try Harlan and Volk, the land ofhce-cler
who have admitted giving advance informa-
ton to the California syndicate. Mr.. Worth
ington attorney for Binger Hermann. has
told you Volk and Harlan are felons. Eolk
is a felon because he expedited THIS class
of cases. Harlan is a felon because he ex-
nedited this class of cases. Hermann is
innocent of wrongdoing because he did the
same thing
MI. Worthington Interrupts.
There is nothing in the evidence to show
the Hyde Benson cases were fraudulent"
Mr. Worthinston nterjected
I'VE differ about that" Mr. Baker re-
piled. Il say that cases wer@s fraudulent il
advance information concerning them was
paid for: if they were expedited for money,
or If the prize a stake was the senator
ship from Oregon.
"What reason did he give for destroying
the letter-press books?, the United States
attorney continued. He said he didn't
want to pay freight on them to his home
in Oregon. | say he destroyed them to
protect himself He destroyed them be-
cause he saw the tracks behind him, and
because he wanted to cover the trail.
why, l tell you, gentlemen of the jury,
if any one could have taken any letters he
chose of the correspondence of the general
land office, answered them and called the
answers personal could have called
them 'Official.' chose. 10 cOnl1 ha
broken up the land office. Yet that is what
you are asked to believe this man did and
to raeoncile that with his declaration the
letter books were personal
1--WE have shown he diverted all the mail
from Oregon to his own desk and the an
swers were copied into the books, and later
destroyed. Thus he took one block of the
mail and answered 1t and CALLED 1t per-
sonal, and at the same time letters of SINH
lar import from other states We're being
answered in the divisions of the land office
and copied into the division books.
One Point Emphasized.
Mr.. Baker also laid great emphasis upon
the fact that the defense had not produced
one division letter book containing copy
of a letter written by Binger Hermann on
the blue letter head of his private office. He
read illustrations from the letter books
of former Commissioners Carter and
Stockslager to prove that official letters
were copied into those personal books
and to indicate the habit of commissioners
of the land office to permit official letters
to be copied not into division books ex-
clusvely
The United States attorney gave an IL
lustration on the blackboard, showing. ac-
cording to his argument, that IL the de-
PENDANT had used penalty envelopes TO the
extent claimed for carrying personal" let
ter through the mails he woula have been
liable to fines aggregating S, 100000.
IF Hermann was here on trial on the
ny,a nf, cling m