Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-20

the affirmative, and when asked where, in
the ordinary course of business. letters to
them would have been copied he stated:
I'm the commissioners private letter
books"
large number of letters were also iden-
tilted by witness as having been written
by him and signed by Mr.. Hermann, as
commissioner, and most OF them, PROBABLY
copied in the personal letter-press books
At the hour for noon recess attorney
Worthington made a strong plea that the
afternoon session of the court should re
devoted entirely to reading the letters INTO
evidence, because, he said, it was very I'M
portant that he be present at the SENATE
this afternoon during the final presenta-
ton of the case of his cl ent, Senator Snoot
Justice Stafford ruled, however, that there
has already been so much delay IN tne
Hermann trial that he could not assent 10
any other possible loss of time to meet the
convenience of counsel.
Necessarily Government Records.
Upon the opening of the afternoon ses-
sion Assistant United States Attorney
Jesse Adkins proceeded to read to the
jury the letters of Binger Hermann. The
first was addressed to J. w. Rowland
Portland, Ore, under date of February
20, 1900; the next to Senator John
Mitchell; another to John II. Hall, then
United States district attorney, Portland:
Greg, and a long list to other citizens or
The point sought to be established by
this means by the government is that
the letters themselves will be shown to
be upon official business of the land office
and the letter books containing copies of
them were necessarily government rec
Ords
Rapid Progress Made.
rand progress was made in the case
after The Stars report closed yesterday
afternoon, and more was accomplished in
the way of examination of witnesses than
during all of the week preceding. Attorney
A. S. Worthington was repeating the open
ing statement of the case from the stand
point of the defense when The Star went
to press yesterday, and as he concluded no
| time was lost in calling witnesses TO the
stand
ut is true the books were destroyed, Mr..
Worthington said, and with his saying 1t
became evident the defense Will make no
effort to combat any evidence the govern
ment may seek to offer to prove that the
thirty-five letter press books were first
mutilated and then lost entirely to the land
office files by act of Mr.. Hermann. But, But,
he went on to say, I'VE will seek TO prove
to YOU (the jury that the books contained
the records of this defendants private cor
respondence, and as such were his prop
erty Mr.. Hermann came down to the time
when he was about to leave the office of
commissioner of the general land once,
and he had either to destroy this accumu-
lation of books or else cart them away
with him.
Along Lines of Previous Hearing.
Following identical lines with the opening
of the previous hearing, United States At
torney Baker then offered in evidence the
commission of Binger Hermann, as COM
missioner of the land Office, bearing date OF
March o. 1897; his resignation, dated jan
uary 49, $685. the acceptance by Secretary
OF the interior Hitchcock of that restgna-
ton January p, 1908, and the oath of office
taken by Mr.. Hermann when he assumed
the position as chief of the land Office.
W. G. Steele, a real estate operator OF
Portland, Ore, was called as the first
witness Under direct examination he said
he has known Binger Hermann about
shown three letters, marked as exhibits
No. 81, 50 and 81 in the case, and ne
identified them as letters written to him by
Hermann when the latter was commits
sioner.
How did you receive the letters?" the
United States attorney asked.
Through the regular mails" Mr.. Steele
I'm what sort of envelopes were they?"
"In official franked envelopes OF the land
Office"
Attorney Worthington Objects.
Mr.. Worthington intefposed an objection
and said he had heard no intimation Of an
intention to file the envelopes as exhibits
| in the case. The United States attorney
answered that the envelopes were not in
evidence and question by him to Mr..
Steele brought out the fact that the latter
On cross-cxamination Attorney Worthing-