The Washington herald., 1907-04-27
HERMANN JURY OUT.
Foreman Reports Body I'm
able TO Reach Agreement.
MEN LOCKED UP FOR NIGHT
Former Land Commissioners Charged
with Destroying Thirty-five Letter.
press CopyboOks said 10 Have Con-
tanned OmciaI observation-disclosures
Contends Books Personal Property.

The trial of Binger Hermann. former
Commissioner Of the General Land ONCE,
who on February p last entered a plea
Of not guilty 10 an indictment of viola
ton of section sos Of the Revised Statutes
came 10 an end yesterday. Justice Stafford
delivering his charge TO the jury at
O'Clock, and the latter retiring at $3.50 for
elaboration.
AT 10 o'clock last night, when the
foreman of the jury reported that they
were unable 10 reach verdict, the twelve
turymen were locked up for the night.
Mr., Hermann was charged by the gov
eminent with destroying. approximately,
thirty-fve letter-press copybooks, the
property of the General Land Office, and
therefore Il portion of the official records
OF that branch of the government. The
prosecution at the opening Of the trial
stated to the jury that It would show that
Mr.. Hermann destroyed these books a
short time after his resignation was per-
emptoriIy demanded by Secretary Hitch
cock. 1t was claimed by the government
at the time that it had come TO the
knowledge Of Secretary Hitchcock that
the investigators of land frauds In the
West made reports showing systematic
scheme was in existence in connection
with land grants, but that this report was
not brought to the attention OF the Secre-
tary. It was alleged by the government
that Air Hitchcock asked for Mr. Her
manns resignation, and that the latter
was handed 60 the President, but that
before this was accomplished thirty-hve
letter-press copybooks We're destroyed,
which, It was claimed, were the property
Of the government. paid for with govern
ment money. and intrusted 20 the care of
Mr.. Hermann The government further
claimed and endeavored TO prove that the
motive Of Mr.. Hermann in destroying the
books after his resignation had been de-
manded was to cover up any evidence
contained in correspondence by him with
certain persons in the West who were
accused Of land frauds
Contention OF the Defense.
The line Of defense pursued by Attorney
A. S. Worthington was 70 the effect that
the letters copied in the books Were Of a
personal and strictly confidential nature,
and that The law did not require Mr.. Her
mann to allow the government 10 exam
inc into his private correspondence and
affairs
IN order to prove its contention the gov
eminent had cited many witnesses. some /
Of them having been convicted in connec- (
ton with land frauds OUT West; clerks in
general land Office. former Secretary
Hitchcock. and former associates of Mr.
Hermann In the Land Office The govern
ment further offered In evidence the ac-
tual letters which il claimed were copied
into The destroyed books and which il
was claimed were on government business.
and not on the private business Of Mr..
Hermann. To the admission of these
letters as evidence Mr.. Worthington at
the time noted an exception. These let I
tiers. at moments thought proper by the
prosecution, were read 10 the jury The
prosecution also introduced evidence.
Through witnesses, intending TO connect (
Mr.. Hermann with land frauds committed
IN Oregon by others than himself directly.
IN addition 70 attempting 10 dlsprove
the official character of the letters Of
fered in evidence by the government as
being official correspondence of Mr. Her
mann. as land commissioner, Mr. Worth I
ington made strong efforts to discredit
the testimony OF such government wit /
hesses as had been convicted in connec-
ton with land frauds. and whom. it was
claimed were not reliable, by reason OF /
inducements held out TO them by the
prosecution.
Many Character Witnesses.
The defense introduced the testimony Of !
a great number OF Senators, Representa-
80 4f,r
United States Supreme Court. and bust /
nesss men who had known Mr.. Hermann /
for many years, all of whom testified TO
his high standing in Washington It was
also shown by Mr. Worthington IN the !
course of the trial that Mr. Hermsnn's /
resignation was not demanded by Seere- /
tary Hitchcock on account OF the formers /
connection with unlawful land deals, as
charged by the prosecution
The attention OF the jury was particu- /
larry called TO the fact by Mr.. Worthing-
ton that Mr. Hermann on many Occa- /
sions had called Mr.. HitchcOCk's atten- 4
ton TO the defects of the act of Congress I
public lands. and advised that /
immediate steps be taken TO remedy the /
law, This. Mr.. WorthingtOn argued, was /
done by Mr.. Hermann to protect the I
government against wholesale land frauds /
which were being committed against the 4
United States. When Secretary Hitchcock (
became aware Of the seriousness of the |
it was contended by the de- /
Tense. he saved himself by blaming every /
thing on Mr. Hermann.
Justice StafOrd's charge to the jury
was complete, concise. and clear. The I
charge covered every phase OF the trial i
and was characterized by those who 4
heard it as one of the best charges ever [
made to any jury by a member of the +