The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-28
HERMANN FACES
ANOTHER TRIAL
IN OREGON NOW
Government Expended
$4,000 Trying for Con-
viction Here.

charges OF conspiracy growing out "a
the land frauds.
BY "A jury cf his peers Hermann was
in Criminal Court no. 1 yesterday de-
clarcd not guilty OF The charge of de-
stroying the official records of the Land
once while he was Commissioner Of the
General Land Office and thus termin-
Rted a trial of ten weeks duration. a
trial which cost the Government more
than $1,000 ard which makes "a record
of more than a million and half OF
words. The Indictment against Her
mann charged him with destroying, in
the month of January. 1903. several
weeks before his enforced resignation as
Commissioner OF the General Land OF
nee. thirty-five letter press copy books
which contained official records of me
General Land ONCE This charge was
uOj denied bv Hermann, bat Inc claimed
that The books were his personal prop
crtv and contained his personal cor
respoudence, but that If any official let
trrs were copied i'm the book it was done
bv mistake He further claimed that 1t
was the custom of the office for the
Commissioner to keep private letter
press copy books
Were Books Official Records?
eminent. the District Attorney charging
that the books were official records and
were destroyed by Commissioners Her
mann FOR the purpose of covering up
his corrections with certain persons IN
Oregon. who have been indicted tried,
and convicted OF conspiracy to dc1Taud
the. Government of public lands and
that the Government could not have
been defraHded without the knowledge
and assistance OF the Commissioner of
the Land Office.
some thirty or more witnesses were
brought here from oregon To substanu-
alto the Governments contention. a
-rsat mass OF correspondence and
records of the Land Office was produced
in court 90 prove that the letters that
were copied i'm the press copy books
Gealt with official matters. And several
officials letters were produced which
tne defense admitted were copied. but
it was claimed that they got in the
books Inadvertently.
Case Of Reasonable Doubt.
While District Attorney Baker clearly
brought out thar Hermann had had
dealings with Puter. the late Senator
drum. and others. and had correspondent
with them about lands which are men
toned iu the indictments found against
Hermann I'm Oregon, yet it was not es-
tabIished except by presumption, that
many of these letters which related TO
official matters. were copied i'm the de-
stroyed letter press copy books. And
this is where the reasonable doubt came
I'm for Hermann's benefit, for the court
iu It's charge said the jury must find
that every statement set forth in the
Indictment must be established, and
that 30 must be shown that the destruc-
tion of the books impaired the records
OF the Land Office, and that they We're
destroyed fraudulently.
10 was not positively established thai
the records of the Land Office had
been impaired or that the books had
been rraudulertly destroyed.
4. :. Wcrthinstou ard II. Prescott
Galley. of counsel for the defense.
fought the case AT every step. and by
their objections shut out much evidence
that the Government sought TO get be
fore tile jury.
Jury's Action a Surprise.
The surprise ct the trial was the ac-
tion or the jury. Friday afternoon at
3.17. when the jury retired, it was ex-
Tccted that a verdict would be reached
some time during Tie evening. hut when
nothing was heard at 10 o'clock Friday
night rumors or disagreement became
rife. And when the court met 1T 10
O'Clock yesterday morning and there
was no word from the jury ROOM
whispers of q hung jury were heard.
the postpouemert of the Hydc-Dimond-
Benson-Schneider land case was in
progress Justice Stafford was informed
u.at the jury desired to have MIN
again repeat his charge. Word was
sent for the jury to come into court
and at 1850 the jurors fled into the
court room and took their seats Fore
man Frank Brown said they had not
agreed on a verdict. but thar several
Of the jurors wanted some further in
formation. THEY wanted TO hear again
the first instruction.
After the court had read this instruc-
ton one of the jurors asked for the
reading of the law as applied to the in
dictment. The court then proceeded to
go over the matter, concluding his re-
marks at 1855 p. IN. Justice Stafford
lunch, and the crowd I'm the court room
naturally expected not TO hear from the
jury until after lunch hour. But they
were mistaken. for in less than fifteen
minutes the jury returned to- the court
room and took their accustomed places.
except that they aid not sit down Her
mann was an attention for the return
OF The Jury was most unexpected. but
the suspense was over I'm a minute. for
Foreman Brown, answering Clerk Haw-
kens query. said "Not guilty"
There was no outburst of applause
nor noisy demonstration. Hermann's
son-in-law was the first to grasp the
defendants hand. and then followed his
trends. Who have attended the sessions
of the court since the trial began. Her
mann ana not display deep emotion He
walked slowly over to the jurors and
shook hands, thanking each one. The
District Attorney and his assistants
shook Hermann's hand and congratu-
lated him.
O.. Crahb president Of the National
D, f.r,