Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-04
SENATOR FULTON TESTIFIES
Usual Order of Procedure Suspended
by Request.
TERM IN CONGRESS EXPIRES
Reputation Of Defendant Among Peo-
pie Who Know Him for In
tegrity and Honesty.

Worthington and Galley. of counsel for ex-
Representative Binger Hermann OF Oregon.
the usual order of procedure in Criminal
Court No. 1 was suspended today and the
defense was allowed to put several charac-
ter witnesses on the stand.
Mr.. Hermann became an ex-member OF
Congress when the House adjourned today.
and he spent the last few hours of his
eighth term as a representative for the
state of Oregon sitting as a defendant dur
ing the continuance Of his trial before JUS
tice Stafford this morning.
The request of the defense for a sus-
pension of the regular order called for an
interruption in the presentation of evil
dence by the government. and to this the
United States attorney agreed. the ex-
pressed purpose being to call several of
gress to the witness stand to testify con-
corning the defendants reputation.
Senator Fulton Called.
Senator C. w. Fulton of Oregon was
sworn. and to interrogatories directed by
Attorney Galley. declared he had known
Binger Hermann for more than a quarter
of century.
will you state what Is his reputation
among the people who know him as to in
tegrity and honestly" Mr.. Galley queried.
SO far as l know it. his reputation is
excellent the senator replied.
From 1873 down to the present time
how much have you seen of Mr.. Her
mann?" United States Attorney Baker
asked In cross-examination.
'Oh. have seen him quite frequently"
Senator Fulton said
Asked to specify some persons whom he
had heard speak Of defendants reputation.
Senator Fulton gave the names OF several
men,
when you state his being good In Ore
son. down to what time do you mean?' the
United States attorney wanted to know.
Down to the present time"
Stating that he had summoned the senator
as witness. United States Attorney Ba er
secured permission to let him continue on
the stand. 30 that the senator might not be
delayed In leaving the city, and he proceed
ed to ask Senator Fulton whether he knew
William E. Burke and william G.. Gossliu
in Oregon.
Il cannot say that do replied witness.
Raising Of Objection.
Objection being raised by Attorney
Worthington, the court asked what was
the purpose of the question and Mr. Baker
replied: I'VE wish to refresh the senator's
memory and ask him whether he remem-
bers writing a letter to Binger Hermann.
then commissioner Of the general land Of
flee, requesting the latter to write to United
States Attorney Hall of Oregon to the eff
feet that indictments returned against
Burke and Gosslin be nolle pressed"
Il will say right now that never wrote
such letter" Senator Fulton tnterjected
before the ruling Of the court could be
heard
II will have to ask the indulgence of the
court for a few minutes, them" Mr. Baker
said. in order that We may find the letter.
We do not happen to have 1t here, because
We did not know Senator Fulton was to be
a witness at this time"
'At least, do not remember having ever
written letter referring to Burke and
flied. as a messenger left the court room to
secure the record desired from the files OF
the United States attorneys office
Within a few minutes the papers de-
sired were brought to the court, and the
protests Of the defense against admission
of the evidence desired to be brought out
by the United States attorney precipitated
a spirited argument between counsel, which
was in progress when The Stars report
closed.
Former Messengers to Commissioner.
Richard III. Dalton and Horace Wilcox.
formerly messengers in Mr.. Hermann's Of
flee when he was commissioner of the gen.
eral land office. testified to the disposition
of the mail received from Oregon. The
substance of their statements was that
Commissioner Hermann took all of the
stamped letters from Oregon and answered
them himself, while all letters from other
states went to the chief clerk, to be dis
tributed to the different DIVISIONS OF the
office for attention.
terror Department building and superin-
| tendent of the old post office building IN
which the general land office Is located,
identified receipts from the waste paper con-
tractor four years ago. showing that the
waste paper room in the basement OF the
land Office was emptied on the average
about once each month. 1t was testified
particularly that the paper was carried
away January II, 1903. and again February
%. 1903. Evidence corroborative or that
point was given by Silas Root. clerk In
the Office Of the custodian, and John w.
de Grange. laborer who had charge OF the
paper room in 1903. United States Attorney
Baker stated 1t was his purpose to prove
that part of the books destroyed by the de-
PENDANT were carried away as waste paper
January II. 1908. and the remainder. in
GLIDING the mutilated covers Of the book. on
Several letters from the files of the land
Office were identified as such by j. w. Don
nelly, a clerk In the off1ce of the chief clerk
Of that bureau. He stated the replies. in
been copied In the letter-press books OF the
divisions. but he testified to having
searched the records and failed to find
them. 1t was further asserted the original
letters were Endorsed Answered by COM
missioner" and United States Attorney
Baker offered the files In evidence as indi-
must have been written and copied into the
destroyed books Evidence along the same
general line was given by Anthony F. Rice,
q clerk In division c. general land ONCE.
A. to Copying Letters.
BENJAMIN Sparhawk. clerk In 1902 and
1908 In division p, testified to carrying in
formation to Commissioner Hermann with
reference to the status Of q certain land
case and to hearing Mr.. Hermann dictate
the answer in his presence. In the ordi-
nary course of business of the ONCE. wit
ness said, the answer should have been
press copied in the division letter book.
Walter T. Payne, q land ONCE clerk for
seventeen years. Identified another letter
which was q matter OF record in the Of
dee nles. The Endorsements on the accom-
panyinG jacket, witness declared. indicated
an answer had been prepared by Commits
sioner Hermann.
. several additional letters of about the
same general character were identified by
!. W. Casey another land ONCE clerk, with
the same object namely. to show that the
answers were written by Mr.. Hermann and
copied into the destroyed books
All through this course of evidence the
government was laying the foundation to
later prove the many exhibits added to the
case were of q nature necessarily involved