Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-13
REPORT BY HOL SINGER
More Facts Regarding 1t Stated
in Court Today.
TRIAL OF BlNGER HERMANN
Gigantic Land Frauds in California
and Oregon.
EXAMINER MCGEE TESTIFIES
States Disclosures Were Submitted to
Defendant, Who Said His Office
Would Investigate.
MCGEE TEsTIFIEs

cfohcE tiic 8cHcIdl OihCo, HI SiihAiifoA
Court No. today. w. J. MCGEE now prin-
cipal examiner in the land Office, but for
merly contest clerk in the special service
division. declared the Holsinger report was
received In the land office November IS,
1902: reached his desk November 10, 1902,
and the same evening he read the report to
Commissioner Hermann.
when I had finished reading Mr.. Her
mann asked me what thought about 1t
and what / thought ought to be DONE" Mr.
MCGEE continued.
Il said IL the statements made in the re-
port were true one of the most gigantic
frauds in the. history of the land office
was being perpetrated in the west and
be notified"
To this. the witness declared, Mr. Her.
mann seemed to take umbrage. asserted he
was commissioner Of the general land
office and the land office would conduct its
own investigation. Mr.. MCGEE said the COM
missioner, directed him to prepare a letter
to Mr.. Holsinger instructing him TO make
further inquiry as to details of the frauds.
"On the way back to my desk I stopped
to see Assistant Commissioner Richards
and asked what he thought about It," Mr..
McGeeoadded. r--'rN
Again Called For.
The report was left with Mr. Richards
over night and Mr.. MCGEE secured it the
morning OF November 90 1902 and about
10 o'clock Mr.. Hermann again called for
1t.
In connection with the examination of
Mr.. MCGEE the government introduced
and read to the jury the letters of Com
]. A. Zabriskie. an attorney of Tucson.
Artz, acknowledging the receipt of infor-
nation from Zabriskie relative to the land
transactions Of John A. Benson and F. A.
y6n in ro1 In
United States Attorney Baker was pro-
ceeding to intarrogate the witness, MCGEE,
regarding any search he may have made for
the original Zabriskie letters in the files of
the land ONCE, when Attorney Worthington
admitted the letters were in possession of
the defendant. and that they never had
been in the files of the land office. The
labriskie letters were produced, one of
them bearing date of April %, 1902, and
/ the other Nay II, 1902, and were read into
evidence.
Alexander Britton of the local law firm of
Britton & Evans was the first witness this
morning. He testified that representing
certain clients he called upon Commission
er Hermann about December 8, 1902 in ref
erence to the report the lieu lands selec-
lions" In California were to be withdra wn
but Mr. Hermann refused to give him any
Information.
Regular Order Interrupted.
The regular order Of proceedings was
sion this afternoon to permit the defense
to present as a character witness Willis
c. Hawiey of Salem, Ore, successor to Mr..
Hermann as representative in Congress
from the first Oregon district. Mr.. Hawley
said he has known Mr.. Hermann since 1884,
most Of that time merely as a private citi-
/ zen knows one in public life. During the
last campaign, however, witness said ne
met thousands of persons who knew Mr..
Hermann, and the general opinion seemed
| to be that Hermann had done nothing with
| wrongful intent.
DO you know Mr.. Hermann was dis
| charged from the land Office at Roseburg,
Ore, in 1874 because he took up lands
while holding a public position" United
| II never heard of it," Mr.. HawIey re-
| piled.
Ibid you not say to newspaper man
J only short time ago that it was a shame
these people in Oregon should be prosecuted
| for the land frauds?'
II never made such a statement.
In concluding the examination of Mr.. Nc
| Gee, United States Attorney Baker asked
| the witness (because of the alleged implica-
| ton sought to be cast by the defense that
the land office was insufficiently provided
| with funds and mem whether 1t was not
| force of the land office to various points
| and to various work as exigencies de-
manded. =
/ Mr.. MCGEE answered affirmatively.
| Joost n. Schneider Called.
| Another epochal milestone was reached in
| the trial late this afternoon, when the gov
eminent called Joost H. Schneider of Tue
| son. Arizona to the stand. According to the
Holsinger report. which was read yesterday.
| Mr.. Schneider was the fountainhead of in
formation on which the report was based.
| Mr.. Schneider. however. stands indicted in
| connection with Messrs. Hyde Benson and
Dimond in the land fraud case which is set
| for trial in the same court April - next.
and Attorney r. Golden Donaldson. counsel
| for Mr.. Schneider in the pending case APP
peared in court to protest against the wit
| ness being compelled to give any evidence
| which might tend to incriminate himself.
| Preliminary interrogatories directed at
Mr.. Schneider brought out that he had
| been acquainted with ]. A. Zabriskie,. now
dead. but never met Binger Hermann. He
| was shown the Zabriskie letters. which
were introduced this morning. and asked
| whether they had been written at his dc
tation. He was also asked whether he
had written letters to. or received letters
from, Binger Hermann prior to July "a
1902. All OF these queries Mr.. Schneider
asked the court that he be excused from an
| swering.
not answer any of the questions relating
| % correspondence between himself and Mr.
Hermann, between Zabriskie and Hermann
and in reference to his acquaintance with
Benson. Hyde. Dimond and Special Agent
Holsinger. Mr.. Schneider was then finally
excused as a witness in the case.
MI. Hitchcock's Story.
Former Secretary Hitchcock was in the
midst of his testimony when The Stars
report Of the trial closed yesterday after
noon, but the remainder of his direct ex-
animation and cross-examination did moi
materially change the story concerning the
| demand for Mr. Hermann's resignation
| The Holsinger report had Just been read
| to the Jury, and United States Attorney
Baker was endeavoring to gain the full
Impressions of the witness regarding thai
document when Justice Stafford interjected
Q query.
Did or did not Mr.. Hermann call your
attention to the Holsinger report before
YOU knew Of 1t from other sources?" the
"He did not" Mr. Hitchcock answered.
-"What, IL anything, did the Holsingei
report have to do with your demand FOL
Mr.. Hermann's resignat4onT' the United
States attorney then wanted to know.
"A great deal.
"Was your attention ever called to the
st. Gabriel forest reserveT'
Gross ExtravaganceA
The former Secretary replied afhrma
lively, and then described what he re
rarded "A the eross extravagances inciden