The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-02-17
Originals of Copies Defend
ant Charged With
Destroying.
Notes of Former Land Office
Commissioner Also
Obtained.
Witnesses Brought This I'm
expected Evidence to
Washington.

Representative Binger Hermann's trial
on a charge of destroying public rec
ords Of the General Land ONCE, which
was brought to a sudden halt twice
last week. will be resumed tomorrow
morning at 10 o'clock. before justice
Stafford and a jury in Criminal Court,
No. l.
1t is charged that while Representa-
tive Hermann was Commissioner of the
Land Office he kept copies Of official
communications In thirty-five letter
press copy books. and in January or
February, 1893. when his resignation was
demanded by Secretary Hitchcock, Of tho
Interior Department. he destroyed the
books. The Government, through Dis
/ trict Attorney Daniel W. Baker and
Irving RittenhOuse. contends that In
( the books were numerous letters which
would convict Representative Hermann
and many of his friends and cOnstitu-
tents In oregon and California Of gigan-
tic land frauds in those States. 1t IS
further ayerred that II was for the
purpose Of covering up his tracks that
Representative Hermann ordered the
volumes destroyed.
Notes of Letters.
The original letters sent to persons in
the West have fallen into the hands OF
the Governments representatives Mr..
Baker has not gained possession Of all
the letters. but nc has the stenOgraphic
notes made by three private secretaries
TO Representative Hermann. Mr.. Baker
now seeks TO introduce these as evil
dence against Representative Hermann
to show the motive which actuated the
latter 10 destroy the records. in viola
ton Of section Ji0S Of the Revised
Statutes OF the United States.
Mr. Bakers first eadeavor TO intro
duce the letters and impute a motive
TO Representative Hermann. was com
batted by Attorney A. 5. WOrthington
senior counsel for the Oregon repre-
sentative. The defense averred that Mr.
/ Baker. IN a bin Of particulars. said hs
/ knew nothing o. the whereabouts OF
the letters or their contents At the
trial he sought TO introduce seventy-twc
of them as evidence against the accused
/ Mr.. Worthingtou charged Infairness
( saying the Government had concocteC
/ a scheme 70 take the defense unawares
Unexpected Evidence.
I Justice Stafford allowed Mr.. Baker q
amend his bill OF particulars. In IN,
amendment Mr.. Baker told OF the con.
tents OF the letters and turned the mis-
sives over 10 Mr. Worthingtou for in
spection. Mr.. Bakers motion 20 amend
/ was followed by an affidavit 10 the Of
/ feet that at the time the original bill Of
particulars was furnished he did no
! know that any of the letters could bt
/ produced in court Most Of the mis-
/ sives. said Mr.. Baker. were brought
( 10 Washington by subpOenaed witnesses
! and Mr. EittenhOuse.
Mr.. Worthington on last Thursday
/ asked for time in which TO go over TIT
{ letters and file a counter affidavit Z,
/ the one submitted by District Attor
ney Eazer- This motion, coupled VIII
3 the illness Of Juror II Clyde Grimes
/ caused Justice Stafford TO continue TN,
/ trial until tomorrow morning. It &
| thought the case will be finished by tn,
| end OF this week.