The Washington herald., 1907-03-14
WITNESS SCHNEIDER EXCUSED
Need Not Testify in Binger Her
mann CGse.
VIII Stand Trial HimEeIf-Indicted
in Connection with Hyde
and Benson.

The calling OF Joost II. Schneider, Of
Tucson. Ariz.. to the witness stand by the
prosecution yesterday afternoon was one
Of the days sensational features Of the
Binger Hermann trial. Mr.. Schneider. it
is alleged in the Holsinger report, IS the
main source OF the information upon
which the now famous Holsinger report
was formulated.
Mr.. Schneider stands indicted in counec-
tion with the alleged land fraud cases with
Hyde, Benson. and DimOnd. which. as
matters stand now, will come up for trial
April o Attorney r. Golden Donaldson,
appearing for Mr.. Schneider In the present
case, protested against his client being re-
quired TO give any evidence which might
incrlminate himself Mr.. Schneider stated
that he never met Binger Hermann, but
that he had been acquainted with the late
J. A. Zabriskle
He was then shown the Zabriskie let
ters which were introduced at the morn
ing session, and was asked whether he
had dictated them. he was also asked
whether he had written letters 70 or re-
ceived letters from Hermann prior to
July q. 1902 Mr. Schneider asked the
court to be excused from answering these
questions. and the court ruled that he
need not answer any Of the questions re-
Iating to correspondence between him
self and Mr.. Hermann, or between the
latter and Zabriskie The court also ad-
vised him that he need not answer any
questions in reference to his acquaintance
NJ !
Agent H0lsinger. The court finally eX-
cused Mr.. Schneider as a witness in the
case.
Willis c. Hawley, Of Salem. Greg, sue
cessor 10 Mr.. Hermann as representative
in Congress from the First Oregon dis
tuct. testified that he had known Mr..
Hermann since 1854. that ne met thou
sands OF persons in oregon who knew
Mr. Hermann, and that their opinion was
that. Mr. Hermann had not done anything
with wrongful intention.
Witness said he never heard that Mr..
Hermann had been discharged from the
land Office at Roseburg, Greg. in 1874, be-
cause he took UP lands as alleged while
he was filling 2 public office Mr., HaW-
ley denied having told a newspaper man
only a short time ago that 1t was a
Shame AltdL MI. Altl mann oAANltAN N E-NN~
cuted for the land frauds.
w J. MCGEE. now principal examiner
I'm the Land Office, when called by the
prosecution to the witness stand. testified
that the Holsinger report was received
at the Land once November IS 1907 that
IL reached his desk the following day,
and that he read the report the same
evening to Mr., Hermann. Mr. MCGEE
said Mr.. Hermann asked him after he
CICGee) had finished reading the report
what he thought should be done in the
matter, to which he (McGee) replied that
II the statements made in the report are
true one of the most gigantic frauds in
the history Of the Land Office was being
perpetrated In the West
Mr. MCGEE said that he suggested TO
Mr. Hermann that Secretary Hitchcock
be made acquainted with the facts TO
which Mr.. Hermann replied that he was
Commissioner of the General Land Office.
and that he himself would conduct the
investigation. Mr.. Hermann also directed
Mr. McGee, as testified by the latter. 70
prepare a letter to Holsinger instructing
him to make further inquiry as to de-
tails of the reported frauds. Witness said
that he asked Assistant Commissioner
Richards his opinion about the Holsinger
report. which he said he left with Mr..
Richards over night. securing the same
on the morning Of November 20, 1902;
Mr. Hermann again calling for it about 10
o clock that same morning.
In connection with Mr.. A1CGee's testi-
mony the government introduced and
read to the jury the letters OF Commls-
sioner Hermann replying TO letters Of
j. A. Zabriskie. an attorney Of Tucson,
Ariz. acknowledging the receipt of IN
formation from Zabriskie in reference to
Benson's and Hyde's alleged land trans
actions in California and Oregon.