Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-05

Of the court the regular order OF the trial
was again suspended so that Senator
Thomas II. Carter of Montana might be
called to the stand. Senator Carter was
commissioner of the general land office In
1891 and 1892. and he identified two letter
press books In which were kept records of
the letters written by him while commits
Sioner. The books were left by him In
the land office when his service there ended.
but were subsequently sent to his home
The books remained in a sealed package
for a long time until he accidentally dis
covered them and returned both to the land
office as being documents pertaining to that
Office 1t was agreed Senator Carter will
return to Washington In about one week
so that the defense may have opportunity
to cross-examine him after examining the
contents of the books.
Proceedings Were Lively.
The presentation of evidence more or less
unpleasant to the defendant was the fea-
:ure of lively proceedings yesterday after
noon after The Stars report closed.
Only one or two additional questions
were asked of Senator Fulton. the result
being that he said he felt SATISFIED, from
the exhibit of his own handwriting. which
was handed to him for examination, ne
could infer the purpOrt Of the Hermann let
ter. claimed by the government to nave
been sent by the defendant to Senator Full
ton and by the latter forwarded to the then
United States district attorney for Oregon,
John III. Hall.
do you know from reading that letter
what 1t is about?" Justice Stafford asked
the witness after counsel for both sides
had engaged in spirited debate as to the
admission of the desired evidence
II feel little doubt in saying l can INFER
the subject matter" the senator said.
United States Attorney Baker then asked
the witness to read his own letter OF Octo-
Der 20. 1899. and from that state 10 the
jury the tenor Of the letter from Mr.. Her
lafa oh toA
much argument succeeded in having the
point sustained and the best the govern
ment could accomplish was the getting into
evidence of a major portion OF the letter
written to John Fl. Hall by Senator Fulton
Regarded as Damaging.
Probably more real damage to the case
Of the defendant was done by the testi-
mony of Henry Medium. surveyor general
of Oregon. with an Office in Portland July
I. 1901. until his summary dismissal IN
April. 1903. than by any other single wit
ness yet to appear Medium had been IN
dicted in connection with the land frauds.
tried and convicted and sentenced to serve
, term of three years in the penitentiary.
After several preliminary questions unted
States Attorney Baker asked the witness:
Did you ever receive a letter regarding
Miss Slverstein?'
Yes
what was that about?''
about having her appointed to position
in the Office of the surveyor general
WAS there not another letter referring 10
this same Miss Silverstein?'
Eyes. about the use of her name in max
ing an entry for school land"
What does that mean-the use OF her
name?"
We'll, out in Oregon any one can make
application for half section OF schooi
land by agreeing only to pay $l-2o per acre
for the 80 acres. Much of the school land
was and Is absolutely worthless. but 1t was
then just as well to make application for
worthless land as for good land.
Alleged Peculiar Statement.
The United States district attorney asked
Mr. Medium to explain that peculiar state
ment to the jury. and his reply was to the
effect that the school lands in any event,
in those days. should be located In the I'M
mediate vicinity of a forest reserve Re
uuired to describe visit to his office In
Portland by Binger Hermann In 1901, Mr.
Medium said about half dozen men were
there at first but finally the time came
when he and Hermann, and Mr.. +. r
Mays were alone, and then the map OF the
proposed Blue Mountain forest reserve,
showing all the surveys was called for and
carefully examined
what, If anything was said about an
appropriations" the United States district
attorney queried.
gon as large an appropriation as possible
He also asked me to prepare the reasons.
and make them as original as possible,
which / did and sent them to Washington,
d. C."
WAS there any conversation about the
school land, and II 80, what was it?'
Should Make Good Investment.
Well Mr.. Hermann said IL I had any
friends or money the school lands should
make a good investment l told him was
broke but that my brother-in-law had
some money and would see him. The next
day. however. 1 was compelled to tell him
[ could not come in on the proposition. Mr..
Hermann also said something about the ne
cessity of excluding the settlers and the
stretches of prairie hand, because OF the
very general kick being raised at that time
about aldn grants"
What about the location Of the school
lands?'
.Oh. 1t was understood. of course, they
should be In the Blue Mountain region, but
when men go into deal together. and
they equally understand the proposition
but Mr. Medium was halted by an objec-
ton from Attorney Worthington, which the
court sustained
BY the time that much of his examina-
ton was completed, the witness had been
on the stand for long time past the usual
hour for adjournment Of the court. 1t is
understood the remainder OF his testimony
will be given today.