Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-02
IN BINGER HERMANN CASE
No Effort to Conceal Destruction Of
Letter Books.
TESTIMONY OF GOV. RICHARDS
Evidence Of Disagreement Between
Man on Trial When Land Com
missioner and q Caller.

In continuing the DEFENSE OF former Rep
resentative Binger Hermann, under the In
dictment which charges him with the de-
| struction Of thirty-five letter-press copy
books with intent to impair their useful
ness" Attorneys Worthington and Galley
today devoted particular attention to intro
ducing evidence tending to show unfriendly
relations between Mr.. Hermann and John
A. Benson, one Of the men indicted for con-
spiracy in connection with land deals in the
west.
United States Attorney Baker several
times stated his purpose, in examination of
various witnesses during the trial, to bring
out facts to prove friendly relations between
the defendant and men indicted and con-
victed of land frauds. Thus the two sides
now stand arrayed aginst one another
The defense called Gov. William A. Rich
ards, former assistant commissioner and
later commissioner of the general land of
fee, as its first witness today, and basis
for one argument proposed to be submitted
to the jury. that Binger Hermann made no
effort to conceal the destruction OF the
letter books, was sought to be established
by him. Mr. Richards stated he had been
informed by his messenger that Muller
the head messenger. and one of his assist
ants were tearing up Mr.. Hermann's books
in one of the corridors. Witness stated he
discussed the incident with Secretary Hitch
cock mouth later.
Details Of Puter Claims.
Under cross-examination Mr.. Richards
produced original memoranda covering de-
tails of the Puter claims In Oregon. In in
Producing the documentary evidence United
States Attorney Baker stated he intends to
argue to the jury that Gov. Richards acted
in the dark when he passed the Puter
claims. and that important papers IN the
cases were withheld from him.
Gen. George Hazieton. attorney before the
land Office for John A. Benson In 1897. testi-
fed to being present in the commissioners
Office with Mr.. Benson when a serious dis
agreement occurred between the latter and
Mr.. Hermann. Benson halls from Calfor-
MIA. and he is to appear for trial IN the
same court where Hermann now stands ar
raigned, in connection with Messrs. HYDE.
Schneider and Dimond. ~
LAS nearly can remember an oc-
currence of ten years ago, Gen. Hazieton
said, Hermann seemed to be very severe
with Benson, and questioned the latter
good faith on account Of some failure to
carry out an agreement as to surveys OF
claims. The claims involved land worth
probably $4,000"
This. line of evidence, manifestly in
tended to weigh against the testimony
introduced by the government Tor the
purpose of showing the friendly rela-
indicted, and some of them convicted, for
participation in the land frauds, was
further supplemented by Chris Muller.
the land office messenger who was on
Dubois Of the timber DIVISION general
land Office.
Knew Benson by Sight.
Muller testified he knew John A. Benson
by sight, and said he entered the commits
sioners Office one day just as Benson was
leaving, and he heard Mr.. Hermann say:
D. you, Benson, don't you ever come
in here again with anything like that"
When the visitor had gone, Muller testi-
fed Commissioner Hermann said to him:
THAT Is the great Mr.. Benson Of Califor-
MIA" Witness declared the incident was
impressed upon his memory because 1t was
the only time during Mr.. Hermann's tenure
Of office he ever saw the commissioner lose
his temper or knew him to use profanity
Mr.. Dubois stated the claims in question,
although partially allowed by Commissioners
Iamareaux, Hermann's predecessor, were
finally rejected by Mr.. Hermann.
Money Did Not Change Hands.
Ezra Wat Hill, who gave hi7 occupation
as statistician, was called as witness at
the opening of the session this afternoon.
He testified he was present in senator
Mitchell's apartment in the Dewey Hotel
when the senator and 8. A. d. Puter had an
interview about Puters school land claims
in township II south. range east, Oregon.
"Puter seemed very much excited, the
witness declared.
Mr.. Hill testified he heard no mention Of
money COnS1deraClOn, nor 0i0 lie Seo any
money pass Witness asserted he fixed the
time of the Puter-Mitchell conversation as
being about March 10, 1902, because he rec
objected the Watson claims were passed
soon afterward, and, he said, he sent to the
land office and ascertained the date.
Whom did you send?" United Safes At
torney Baker asked.
IT do not think that is any of your bust
ness" Mr. Hill retorted.
"B tut l would like to know"
'-But think it is none of your business
United States Attorney Baker asked the
court to compel the witness to answer, and
Attorney Worthington Joined in by saying
she defense would also like to have the
query answered.
John E. Burch." the witness then stated.
After Puter had gone from the consulta-
ton with Mitchell, Mr.. Hill said the sena-
tor told him the late visitors name and
declared Puter to be a very influential
constituent of his in Oregon. Hill asserted
he was sitting in a room communicating
with the senator's office. so that he could
see Mr.. Mitchell distinctly throughout the
interview, and he saw no money change
hands.
LIEUT.. YARNEIL ACQUITTED.