Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-05
.TRUTHOF STATEMENTS
Hermann Takes Issue With
Government Witnesses.
FLAT DENIAL OF ASSERTIONS
Particular Exception to Testimony Of
William E. Walk.
AS TO "ANY TRAITORS IN CAMP"
Reading Of Long List Of Letters to
the Jury Concluded-An-
nual Reports.
FLAT DENIAL OF ASSERTIONS
AS TO "ANY TRAITORS IN CAMP"

1
| PENDANT. Binger Hermann accused of de-
stroying letter-press copy books Of the
| government. while on the stand in Grim
inal Court No. 1 today. He took particular
! exception to the testimony of William E.
! Walk, land Office clerk. In which Mr.. Walk
! said the anonymous letter written by "A
| citizen Of the United States" had been
| shown to Commissioner Hermann on two
| different occasions. The jacket Of the let
| ter bore the indOrsement Honorable Com
] missioner has seen this twice." and Walk
| asserted he placed the writing there for
I his own protection
| Mr.. Hermann declared he never saw the
'citizen Of the United States letter until
| 1t was introduced in evidence few days
| ago by the government. Witness also
stated he never saw John A. Benson after
| the conference in California. which was
| mentioned in evidence yesterday. nor did
| he ever meet F. A. Hyde. Referring to
the initial m. H." in letter to George c.
that meant the late Coils p Huntington.
! Mr.. Browneli being especially anxious to
secure the position OF special counsel for
the Southern Pacific railroad.
| Attorney WorthingtOn took up the two
Zabriskie letters, and in general way
| Hermann stated he knew Mr. Zabriskie and
| the latter's brother: that he met them
while studying law az in In California Asked
1
| private files instead Of placing them in the
| Office records, Mr. Hermann said it was for
the purpose Of guarding against the fact
| that information concerning the land frauds
| alleged against F. A. Hyde & Co. was in
possession of the office, becoming known
| to any traitors In camp.
Integrity Of Woodford Harlan.
Witness asserted he had no reason to
| doubt the integrity of Woodford Harlan
| and William E. Walk while he held the
position of commissioner. Both men ad-
| mitted when on the witness stand that
] they were In the pay Of John A. Benson.
What. IL anything. had you to do with
getting Special Agent Holsinger away from
Arizona. before he had seen Zabriskie and
| investigated the alleged frauds being perpe-
| trated by Hyde. Benson and others?' Mr..
| Worthington asked.
II took the kilograms and letters which
came down from the divisions. signed them
| and sent them out. but l have no personal
knowledge Of Holsinger being taken off the
work before he was well started" the de-
| PENDANT answered.
Attorney Worthngton introduced press
! copies of, the telegram which called Hol-
singer on the work in Arizona and Cali
tse pfoed a + nGntass to report
| sought to show that the initials Of division
cfnefs on the massage indicated It's origin
and that it. was signed and sent out. by
I M Hsrmanu 10. routine Way
Extracts From Annual Reports.
Attorney WortAington read a number Of
extracts from the annual reports prepared
| by Mr.. Hermann as commissioner in 1899
| 1900. 1901 and 1902. showing his hostile atti-
| tude toward the methods then In vogue in
lieu lands selections and directing attention
| to the abuses which were possible under the
| then existing timber and stone act and the
| forest reserve law.
Mr.. Hermann declared F. p Mays. Will
! SOrrenson, H. A. Smith, Horace Mckinley,
| La Force, Wells and others Familiarity men
| toned in connection with the cases in Ore
gon were practically strangers to him.
| Some of them. he said, he may have met
| occasionally in political trips across Ore
| gon. but he stated he could remember their
| faces only imperfectly.
At 1890 o'clock adjournment was taken
| until 10 o'clock next Monday morning.
Defendant Resumes Testimony.
Attorney Galley late yesterday afternoon
| having finished reading a long list of Mr.
| Hermann's letters to the jury, the defend
| ant again took the stand. and the court ses-
| sion was prolonged until nearly 4 o'clock
| to permit as much Of his examination as
| possible to be completed. In reply to a
question by Attorney WorthiRgton Mr.. Her
| mann said that he first made effort to Sc
cure copies Of letters written by him while
commissioner at the time the indictment
was reported against him two years after
| he left the general land Office. The letters
introduced In evidence. it was stated. were
| the only ones that could be found
| A personal communication from Mr..
| Hermann to Special Agent LOOMS in Ore
| gon. containing references to official CORE
| spondence, was read by Attorney Worth
.ington. and Mr. Hermann said it should
have been copied on one of the division
letter books
What idea had you that there were let
| tiers of that character copied In the book
| which you ordered to be destroyed" Mr..
Worthington asked.
Not the slightest" Mr.. Hermann re-
piled.
Destruction Of Letter Books
Mr.. Hermann detailed to the jury the cir
| cumstances Of the destruction Of his letter
[ books. for which he is being tried. The de-
| struction he said, took place q few days
before he retired as commissioner of the
general land office. and was conducted dur
Ing Office hours. publicly in Mr. Hermann's
office In the general land office.
Il think ! indicated how to destroy
| Them, Mr.. Hermann continued, 'by simply
tearing the leaves In half, after which they
were taken down to the waste-paper bin
When 1 gave the order turned either to
Mr. Hough. my stenographer. or Mr.. Dady.
| my financial clerk. who was standing by
my side. and said: have no earthly use
for these old books. and it is only an unnec-
essary expense to send them across the con-
tinent They simply contain my personal
| correspondence
This was done in the best of faith and
not to destroy anything regarded
as official. My motive was simply that
| had no further use for them. l had had
no occasion to refer to them during the six
| years they had oeen accommodating They
| had answered their purpose and consId-
| cred them as belonging to me, as much my
property as the coat on my back did It
| in the open day with the clerks all about
me-
Mr.. Baker Objects.
I object to an argument" United States
| Attorney Baker Interrupted.
.The statement is proper SO far" Justice
Stafford ruled.
Il want to bring out that the defendant
saw nothing wrong or criminal in his act"
| remarked Attorney Worthington.
| Il did 1t as innocentiy as I would DESTROY
an old letter from my mother or my wife"
| Mr. Hermann concluded.
Mr.. Hermann next detailed his dealings
! with John A. Benson. who Is to be tried
=! here in connection with the Hyde Benson
DimOnd-Schneider alleged land frauds. Her
mann said he first met Benson about a year
! after he became commissioner Previous
| t0 hat ba uxif