The Washington herald., 1907-03-27

The substance OF a heaFt-tO-heart talk
between Binger Hermann and Senator
John H. Mitchell in the early winter Of
1904. just after Hernanns return from
Oregon. where he appeared as a witness
in the iand-fraud trials, was related to
the jury in the course OF the trial Of Mr..
Hermann yesterday Harry c. Robertson,
at that time private secretary 10 Senator
Mitchell. was the witness, and be de-
clsred. with no one else in the room but
himself to hear. Hermann described TO
Mitchell the testimony he gave In the
trial OF Mrs. Emma L. Watson.
Mr. Hermann said he had expressed
himself while on the stand as utterly un-
able to remember Mrs. Watson, even
when the governments attorneys sought
70 refresh his memory" ayeTred Robert
son. ''and Senator Mitchell declared be
could remember nothing about the aflda-
Wits of S. A. D. Puter and Mrs. Watson.
except that Puter brought them to him
and he prepared a letter Of transmittal.
Then they both laughed.
S. A. d. Puter testified day or two ago
that Senator Mitchell personally prepared
the afidavits for himself and Mrs. Wat
son. saying the Senator's secretary, Mr.
Robertson, wrote out the Instruments on
the typewriter. Robertson yesterday cor
rob0rated this statement and also pre-
sented his notebook in evidence and read
the original stenographle notes of the af-
hdavits.
Saw Mitchell Get Money.
Referring further to the time when these
were prepared and the Puter
claims (the famous "eleven-seven" cases.
were expedited through. the Land Ohice,
District Attorney Baker asked Secretary
Robertson If he had seen Senator Mitchell
In possession of 3 large sum of money.
Il remember one occasion-it must have
been two or three days after the affidavits
left my hands said Robertson. Il went
to the Senator's room in the Dewey Hotel
and he seemed very nervous ana asked
the house: that he had sent Mckay after
some ehanke. Two or three times he
stopped debating his mail to walk down
to the hotel office and back. Finally Mr.
Mckay came IN and handed 20 Mr. Mitch
ell "A packet OF so gold certificates. nearly
two inches in thickness. The Senator said
to Mr.. Mckay, I thought you We're going
TO run OF with H. and the latter an
swered, jokingly. I had a notion to-
Attorney WOrthingtOn, leading counsel
for Binger Hermann, moved 20 have the
evidence stricken out because, he said. /
there was nothing offered TO show that
this sum OF money was IN any way con
nected with the two $1,000 bills which
S. A. D. Puter testified 10 having used IN
5ribIng Mr. Mitchell, bat Justice Stafford
ruled the evidence might stand. 10 be
weighed by the jury.
WranEIe Over Document.
The afternoon session Of the tl1al ended
with the opposing counsel in the midst
of a bitter wrangle from the possession /
over night OF a disputed bit of docu-
nentaTy evidence. Justice Stafford acted /
as arbitrator by ordering the document /
10 be placed tn the custody of the court I
clerk, Samuel Hawken. from whom the I
district attorney was given permission to /
secure il for the evening. and Attorney /
Worthington to have 1t this morning be- /
fore court convenes.
The letter In question has been identi- /
ied by William r. Walk, principal ex- /
imlner IN the Land ONCE, and when read /
20 the jury it was shown TO be a letter
United States" giving information of the /
alleged extensive land frauds perpetrated /
~ F. A Hyde & Co In reading il, As
llstant Attorney Jesse Adkins inadvert~
sntly included an Endorsement on the
aeket of the letter
The honorable Commissioner has seen
his twice.
I object" cried Mr.. worthington.
There mas been no foundation laid 10
admit that statement"
Walk Made Entry.
District Attorney Baker Immediately
proceeded to lay a foundation. ana BE
ecured the statement from Nr. Walk thar
ie mad made the entry TO protect him
elf" Asked whether any investigation
lad ever followed the anonymous charges
f fraud, which came into the Land Office
arly in 1900, the witness replied in tho
legative
The storm came when Attorney Worth
ngton entered into cross-examination OF
Ir Walk, and succeeded in discovering a
GrtIy obliterated lead pencil fndorseI1ent
bove the honorable Commissioner has
cen this twice" Immediately he argued
or the exclusion of a mutilated docu-
1ert. and as he was so doing. the an
Ouncemcnt came from the district attor-
ey's table that three OF the words erased
ad already been decipheTed.
Justice Stafford took the paper to the
ench and turned a magnifying glass upon
: Then court adjourned, with the ar
.rsrr ont f,s.A .~rF, old l