Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-28
Government Rests in the Binger
Hermann Trial.
Mr.. BAKERS ANNOUNCEMENT
Probable Destruction of Certain In
portant Letters.
EVIDENCE OF MRS. s. A. D. PUTER
Explanation Of Land Withdrawals
Visit From the Defendant-Re-
calcitrant Witness Fined.

calcitrant Witness Fined.
| At the opening of Criminal Court No.
| this morning United States Attorney Baker
| gave definite assurance that the govern
ment will rest case In chief against
former Representative Binger Hermann
| today. Only three witnesses remained to
| be heard in full when court convened. Mrs
| 8. A. D. Puter. John W. Rowland and
Irwin Rittenhouse. William e. Walk, Wood
ford Harlan and Melvin J. McVean were re-
called for a brief additional examna ton
McVean has been on the stand nine differ
ent times during the seven weeks of the
trial.
Yak and Harlan were the first to take
the witness seat this morning. and each
was finally excused after brief eiabora tion
Of testimony given yesterday. Mrs. s. A. D.
Puter was then called the purpose of the
government beng to show the probable de-
struction of and fruitiess search for GER
tain letters which Mr.. Puter testified were
written to him by Binger Hermann. Dur
Ing all OF her testimony Mrs. Puter spoke
in SO low q tone that all questions and
answers were required to be read to the
| jury from the stenographic notes of the
court reporter. Mrs. Puter said she had
made search in the attic of her home in
Berkeley, Cal, for the papers desired In
the case. but without success. She could
not give the time of the search, but said 1t
was in response to letter from Former
United States Attorney Heney.
Did you ever destroy any papers?'
United States Attorney Baker queried.
Yes, Mrs. Puter replied. "a year ago
last January l was having the attic made
over into room and found several boxes
filled with papers and documents. l didn't
know what they were. but. thinking they
could be Of no value, 1 threw away the
boxes and their contents
Had No Assistance.
who helped you make the search?' Mr..
Worthington asked. it being his only ques-
ton in cross-examination.
mo one" Mrs. Puter answered. She was
thereupon excused from the stand.
| Melvin ]. Mcvean made explanation of
the land Withdrawals desired by J. n. Will
hanson in connection with the Blue noun
tain reserve. He was instructed to prepare
map of Oregon showing the withdrawn
Of land when the Blue mountain reserve
was proposed and the lines of the reserya-
ton as finally created.
John w. Rowland chief clerk in the Of
flee of the surveyor general Portland,
Greg, described the visit made to the office
In 190l By Binger Hermann and to the lat
ter's meeting there with Henry Meldrum,
the surveyor general, and Franklin Pierce
Mays. He also spoke about prepa ring maps
of number of eastern townships in Oregon
at the request of Mr. Mays and Willard ".
Jones, and to exhibiting the township plats
in the surveyors office to Forest Superin-
tendent Ormsby. He identified blue prints,
maps and tracings from the governments
exhibits as being the ones prepared by him.
One of the blue prints was fastened upon
the wall of the court room and explained in
detail by Mr.. Rowland to the jury.
On cross examination Attorney WOrthing
ton asked Mr. Rowland whether he had not
| made number of statements concerning
the persecution, not prosecution, of Mr.
Hprmann.' about being "unPStinnRd
day for six weeks in the United States at
torneys office about the visit to the sur
veyor generals Office by Binger Hermann"
etc. but witness could not remember the
statements imputed to him.
Anxious to Return Home.
Mr.. Rowland said he was very anxious to
return to his home in Portland when he
was first dismissed as a witness by the
government and he said he might have
made almost any remarks to convince the
defense it was not necessary to subpoena
him. When the defense declined to let him
60. Mr.. Rowland said. he determined to tell
the whole story to the United States attor-
ney, and did SO. Before that. witness said,
he withheld his knowledge of the meeting
between Mr.. Hermann, Mr.. Mays and Mr..
Meldrum
Irwin Rittenhouse was then recalled, and
after identifying number of letters taken
from the files Of the land Office lie related
the fruitless search made for answers to
the letters in press copy books of the vari-
Gus divisions of the land Office
Mr.. Rittenhouse described. with great at
tentiOn to detail. his visit to Portland, Ore,
in 1904 when Mr.. Hermann approached him
and Chris Mueller in hotel dining room
and talked with them for some time.
He questioned Mueller until he found
that the pages torn from the letter press
copybooks followed the same course in the
Office other waste paper the witness
said. He also asked me if had my note
hookS in which I took dirt9tion "a her
ing as his secretary, and when 1 told him
l thought l had he replied: Well. all the
letters Z wrote were personal letters. were
they not?' l answered did not think so.''
Question Of Credibility.
Resuming his story at the beginning of
the afternoon session, Mr.. Rittenhouse said
he made notes of the occurrences and the
substance of the conversation On the day
of the meeting with Mr.. Hermann.
After stating his acquaintance with Elliott
P. Hough and Special Agent Burns. witness
said he was present on an occasion when
Mr.. Hough made a certain affidavit.
Objection was made by --ttorney Worth
wished to impeach Mr.. Hough's testimony
upon certain points. 1t was agree& the
government wished to attack Mr.. Hough's
credibility, and Justice Stafford ruled the
examination might proceed. Exhibit No.
l52 was produced and Identified by Mr..
Rittenhouse as the affidavit signed and
sworn to by Mr. HOugh in the presence OF
himself and Special Agent Burns
in his AFFIDAVIT did not Mr.. Hough say
the letter books In MIR. Hermann's office
were marked personal at the direction Of
the commissioner queried Mr.. Baker.
He did," Mr.. Rittenhouse answered.
The United States attorney then offered
in evidence a paragraph in the affidavit
which contradicted evidence given on the
stand by Mr.. Hough.
United States Attorney Baker late this
afternoon announced the close Of the gov
ernment's case in chief. reserving the right
to recall Gov. Richards and to introduce
some minor testimony.
Contempt Of Court.
Following the regular session yesterday
afternoon. after the jury In the Hermann
case had been excused. Justice Stafford or
dered that A. G. King. the recalcitrant
witness from Seattle. WASH. be produced
in court King refused to obey the SUBJ
poena of the District Supreme Court to
come to Washington to give testimony as
witness for the government in the Her
mann trial, SO he was brought here in Gus
tody Of Deputy United States Marshal Isaac
]. Crabtree of Seattle. Consequently the
witness-prisoner was required to answer for
contempt Of court.
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