Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-16
DEFENSE CLOSES ITS CASE
Witnesses Testify That Defendant
Bore Good Reputation.
sUR-REBUTTAL FOR TOMORROW
Inquiry One of the Longest in His
tory of Criminal Courts
of District

With the closing by tn, defense OF IFS
case i'm chief at 10 o'clock this afternoon
the end of the trial of former Represeut,-
tive in Congress and former Land Com
missioner Binger Hermann In Criminal
Court No. seemed to he in sight
United States Attorney Baker expects To
hnish presentation of rebuttal testimony
today. and after brief session in sur-rehIit-
tai tomorrow. the case will probably Ice
ready for final argument of counsel and
pi esentation to the jury.
The court sessions today marked tho thIr.
ty-hinth day OF the trial, and the case has
already been one of the longest in the rec
ords of the criminal courts of the District
OF Columbia
several prominent men appeared as
character witnesses for the defendant to
ia! out there We're only indirect references
10 the actual charge that Bnger Hermann
destroyed thirty-fve letter-press COPY
office '' e''e''' '''i'
character" Testimony.
character testimony for the defendant
was offered today by Chief Clerk n. n
Giifry of the United States Senate. Justice
Mchenna OF the United States Supreme
court Judge Lowry OF the United States
Court of Claims. Justice Ashley NJ Gould
of the Supreme Court OF the District OF Co
''''i'o anu III. JOilil MDSDN, the FORMER
confederate guerilla chief Mr.. Gilfry said
he has resided in Oregon since 1852 and he
has known Hermann for forty years In
referring to Mr.. Hermann's reputation for
honesty and Integrity Judge Lowry said
there is none better. Col Mosby said Mr.
Hermann's reputation is "as good as any
body's
Col Mosby was special agent in the
land office service I'm 1902 and he exhibited
two letters received by him while In III.
field from Mr.. Hermann. They were intro
duced for the purpose of showing that all
letters written By Mr.. Hermann We're nor
press-copied.
Justice Mckenna testified he aud Mr.. Ter
mann entered the Forty ninth Congress 10.
sether and that he has known Hermann
since He characterized the defendant,
reputation as good Several clerks from
the land office testified regarding tre
method of recording the number OF letters
received and answered in the different ii
visions.
Justice Gould stated he did not know
what the effect of the Indictment. found
against Mr.. Hermann had been. but h.
SAID there WAS general tone Of surpriS'
among Hermanns friends just after the
action of the grand jury in his
announced
Defendant Again Testifies.
The defendant resumed the stand for a
moment to testify regarding the transac-
ton. previously mentioned in the case. by
WHICH llle SUM Oh S.bttS was transferred
from the account of a disbursing officer
of the land office to the personal account
of Mr. Hermann in the Washington Dan
and Trust Company. whore it remained a.
interest, for about two years. The de-
PENDANT declared the transfer was made by
mistake by one of his subordinates. United
States Attorney Baker also chose the Oppor-
tunity to introduce a telegram signed by
Hermann. which was discovered since Mr.
Hermann left the stand last week. The
message was offered to indicate the init
mate relations existing between hermann
and Willard n. Jones of Oregon. who. the
defendant stated direct examination.
was almost total stranger. The telegram,
dated Washington. July >. 1901. and signed
by the defendant as commissioner, read As
follows:
Understand President approved procla-
nation today"
1t was shown the message was sent col
lect."
Harry ]. Brown, correspondent in Wash
ington of the Portland Oregonian. testified
that Binger Hermann. when commissioner.
was the source of information in the land
office when forest reserves were recon-
mended for creation and when the land
was withdrawn from entry in each case.
Defense Closes Its Case.
The defense closed its case early during
the session this afternoon after reading
into evidence a story published in one
Washington newspaper and one Portland.
Ore, paper, July %. 1902, concerning the
creation of the Blue Mountain forest re-
serve
United States Attorney Baker called Ezra
Nat Hill for cross-examination regarding
his alleged presence in the rooms of SEN
ator Mitchell in the Dewey Hotel on the
occasion Of one of the visits of s. A. ID.
Puter to the senator.
Mr.. Hill previously declared he saw no
m a hn nd and ha r.Iatt, nd L.
ability to fix the date by stating he sent a
Mr. John Burch to the land office to secure
the date of the PuterWatson land patents.
Under cross-questioning by Mr.. Baker to-
day, Mr.. Hill contradicted that statement.
He was unable to identify Mr.. Puter as the
man he saw in Senator Mitchel's room.
Former Secretary Robertson, employed by
Senator Mitchell at the time I'm question.
said he never saw Mr.. Hill in the senator's
rooms, and he contradicted Mr.. HIPS state
ments about the location of articles OF
furniture in the room.
John +. Burch and John T. Burch. father
and son, testified they made no visit to the
land office for Mr.. HILL
Assistant United States Attorney Har-
vey Given described a diagram of Sem
ator Mitchelrs rooms which he had pre-
pared.
S. A. D. Puter was recalled to the
stand for further examination concern
ing the time and place he secured the
$1,000 bills with which he stated he had
bribed Senator Mitchell.
Proceedings Late Yesterday.
At the opening of the session yesterday
afternoon James Casey, a clerk from the
land office was examined. He had with
him many documents from the files OF the
department. His testimony was confined
principally to the facts surrounding an ad-
dition of six and one-half townships to the
Cascade forest reserve.
According to his statement. the extension
of the reservation was made so that George
Sorrenson and some of his friends might
be protected against fire."
The additions as recommended by Sor-
renson included thirty-four townships. and
Senator Mitchell Joined In indorSng the
proposition. 1t was testified that Mr.. Her
mann telegraphed to Senator Mitchell
soon as he had recommended the with
drawal from entry of the six and one-half
to be added to the Cascade re-
serve.
Alexander Britton. a local attorney. who
has practiced for many years before the
land office. testified he has known Binger
Hermann for about twelve years. He con-
sidered the defendants reputation excellent.
Mr. Britton said his opinion as to Mr.. Her
mann's reputation was based partly upon
he had had with former Land
Richards, Representative +.
W. Mondell and Frank B. Kellogg, who is