Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-15
IN FAVOR OF DEFENSE
Former Commissioners of Land
Office Testify.
TRIAL OF BINGER Hermann
His Predecessors All Kept Personal
Letter Books.
CHARACTER OF THE ENTRIES
What Was Done With the Records at
Close Of Terms of In
cumbents.
TRIAL OF BINGER HERMANN
HARACTER OF THE ENTRIES

Rallying to the defense of former Rep
resentative and former Land Commission
er Binger Hermann. three other incum-
bents OF the commissioners chair in the
general land Office in the years prior to
Mr. Hermann's regime appeared as wit
nesses in Criminal Court No. 1 today
Each OF the three declared he found no
records OF any sort Of correspondence in
the commissioners Office as distinguished
from the divisions of the land Office. Each
also stated he kept personal" letter
books, but only one Of the former COM
missioners. Senator Thomas H. Carter. re-
garded any entries in such books as off,
cial. Senator Carter's books were re-
turned by him to the land office several
years ago. Altogether 1t appeared to be
an excellent day for the cause Of Mr. Her.
mann.
Senator Carter Of Montana. commissioner
In 1891 80, was the first witness to be called
today by the defense. He was questioned
first as to his knowledge OF the character
OF the defendant, and said Mr.. Hermann's
reputation Is excellent. Senator Carriers
acquaintance with Binger Hermann dates
from 1889. A question concerning the sena-
tors recollection of the character of letters
which were copied into his books brought
forth spirited objection from United States
Attorney Baker. and also the final state
ment by Attorney Worthington that he
expected to show by the witness that this
commissioner and prior commissioners of
the land Office kept letter books.
I'VE also mishtto sho SHRDLU PU 50
Regarded as Private Property.
I've also wish to show Mr.. Worthington
continued. that Senator Teller. while Sec
rotary Of the Interior. and Representative
Mondell. while assistant land commissioner,
and many other public men in official life
1r I&I Il
as private property, and carried them away
upon termination OF their respective terms
of office"
Characterization of Senator Carter re-
suited only in the additional statement, so
far as Mr.. Carter's discussion Of the case
with other public men could prove the mat
ter. that confidence in Binger Hermann
seems to be mistaken.
General s. 8. Burdette. commissioner Of
the general land office, 1874, 1875 1876, pro-
duced one letter book which was used by
him while in Office. though only partly
filled during that time. He scheduled the
letters written by him as commissioner to
include "fifty-two referring in one way or
another to affairs in the land office; 112 to
relatives, friends and constituents. and III
relating to the business of other govern
ment departments
Gen. Burdette carried his letter book
from the Office when his term ended.
Two personal letter books kept by Stod-
der NJ. Stockslager during his tearm as as
sistant commissioner Of the land office.
1S85-1SSS, and as commissioner 1SSS-1RS9
were introduced in evidence in connection
with Mr.. Stockslager's testimony. He said
most of his personal correspondence was
upon political and semi-off1c:al matters. He,
too, carried the letter books away from the
land Office when he resigned.
Objection Sustained.
Scott Smith, private secretary to former
Secretaries of the Interior Bliss and Hitch
oil Had
preservation of personal letter books by his
superiors but objection by the government
was sustained, Justice Stafford ruling that
only the customs Of other commissioners Of
the land Office. regarding treatment of their
letter books should be admitted as bea ring
upon the destruction of Mr.. Hermann's
books
Schiller Hermann. son of the defendant.
was recalled, but his proposed testimony
regarding the land transaction, in which his
name was mentioned carrier in the case,
was excluded. He was permitted to say
not one letter ever received by him from his
father. while the latter was commissioner,
passed through the mails In franked en-
yelOpe.