Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-12
IT WAS |NV0LUNTA AIRY
Binger Hermann's Resignation
as Land Commissioner.
E. A. HITCHCOCK TESTIFIES
Former Secretary of the Interior in
Court Today. 49, --
FAMOUS HOLSINGER REPORT
Document Admitted in Evidence and
Read to the Jury-Progress
Of Trial.
E. A. HITCHCOCK TESTIFIES
FAMOUS H0LS1NGER REPORT

A statement to the effect that Binger
Hermann's resignation as commissioner of
the general land office in 1908 was demand
ed practically to avoid abrupt dismissal was
made in evidence in the Hermann trial In
Criminal Court No. 1 today by E. A. Hitch
cock until recently Secretary of the In
terror The famous Holsinger report CIV
ing the details of the alleged Hyde-Benson
Schneider Dimond land frauds. was also
produced in evidence and read to the jury.
Former Secretary Hitchcock was called
to the witness stand at the opening OF
the session of the court this afternoon.
Mr. Hitchcock stated he was appointed
Secretary of the Interior Department IN
1899. and became acquainted with Blnger
Hermann. then commissioner of the gen.
eral land Office, a bureau of the Interior
Department at that time.
Have you a paper known as the Hol-
singer report?' United States Attorney
Baker asked.
yes" Mr. Hitchcock replied.
When he produced it the paper was
marked as an exhibit.
DO you know the circumstances lead
ing up to the resignation of Mr. Her
MANN?
Yes"
will you state them?"
Objection was made, and the query
was re-phrased. -,
Was his resignation voluntary OF hVoi-
untary?'
Involuntary
Where did you get the Holsinger re-
port?'
First knowledge of Report.
81 sent to the land office for it. Ny recol-
lection is I sent directly to Mr.. Hermann.
/ first gained knowledge of the existence
of the report probably two or three days
or one week after it reached the land office
information came to me that affairs In the
land office might not be just right Dob
lection was made by the defense to the
last statement and the court ruled 1t might
go outD ., NJ, ,1
mann about two days after he received the
Holsinger report, former secretary
Hitchcock said he asked Hermann for his
resignation. Senator Mitchell appeared ana
interceded for Hermann, Mr. hitchcock
said and the affair eliminated when the
senator presented Mr.. Hermanns reSigna-
tion, bearing date of February 1, 1898,
which was finally accepted as satisfactory
conclusion.
WAS anything said in your conversation
with Senator Mitchell about the posslbiity
of Mr. Hermann being dismissed United
States Attorney Baker asked.
LAS | recollect it," said Mr.. Hitchcock.
about January 10 Senator Mitchell came IN
and | believe 1 then told him the matter or
Hermann's resignation had been pending
for a month, and IL it WIS not forthcoming
Immediately a dismissal would result
United States Attorney Baker then Of
fered the famous Holsinger report In evil
dence, and 1t was read to the jury
Records Produced in Court.
According to the request of the defense
i'm connection with the examination yester-
day of Melvin j. McVean, formerly clerk
in the forestry division Of the land Office,
United States Attorney Baker produced in
court this morning practically all of the
records of the land office bearing upon the
creation of the Blue Mountain forest reser-
walton and the preliminaries thereto MT
Mclean was attached to the forestry al
and Attorney Worthington led the witness
into a detailed explanation of the meaning
and effect of the various entries
Albert A. Tanner. former law partner OF
the late Senator John Mitchell from 1889 Il
1905 was the next witness. Asked regard
ing the character of the practice of the
firm, Mr.. Tanner said, general law bus1
ness" but the next question OF the unltec
States attorney brought out the statement
that the firm practiced extensively before
the land office in exrediting cases etc
Requested to na-le some or their clients
the witness mentioned John A. Benson OF
California, who, he said paid Zee or &'ot
for legal services in connection with case
involving lands in the state of Washington
objection by the defense TO the line of evil
dence being sought from Mr.. Tanner
brought out the statement by United
States Attorney Baker that 1t was expected
To show by documentary evidence that Mr.
Hermann must have known Senator
Mitchell was not acting solely as senator
from Oregon when land cases for residents
of other states were brought by him before
the department.
Objection by Defense Sustained.
The objection was renewed on the ground
there was nothing to indicate Mr.. Hermann
knew Senator Mitchell was acting as paid
counsel before the department for outside
parties and Justice Stafford ruled witt
the defense, thus excluding letter written
by Benson.
Subsequent questioning developed the fact
that Mr.. Benson voluntarily promised the
firm the fee of $500 II early action was Sc
cured on his land case, and the charge
stated was not made by Mitchell & Tan
ner. The fee was paid in two installment<
of $50 each.
MIR Tanner added hat the 500 fee pait
by Benson was placed with the receipts OF
the firm OF Mitchell az Tanner and was di-
vided between himself and Mitchell at the
end of the month. Such is said to be prac-
tically the testimony which convicted Sen
;itor Mitchell in the Oregon case.
Testimony Late Yesterday.
After The Stars report closed yesterday
the government called Benjamin F. Allen
forestry superintendent during Mr.. Her
manns regime in the land Office. and III
identified a number of letters written tt
him by Hermann. Most of the missive
were in the nature of acknowledgment b,
the commissioner of gifts of grapes, or
anges and other fruits sent to him by Mr.
Allen from California. Witness said, a.
we'll as he could remember. all letters h
ever received from Mr.. Hermann came II
''franked' envelopes of the department.
S
FINDS BUTCHER,S CLEANER