Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-06
in COTTON LEAK CASE
Point Raised by Counsel at the
Trial Today.
RULED OUT BY THE COURT
Effort to Show Ability Of Statistician
to Anticipate Reports.
TESTIMONY BEFORE THE COURT
Mr. Olmstead Recalled to the Witness
Stand-Others introduced by
Government.

The question whether or not Ed
win S. Holmes, jr., as associate
statistician in the bureau of stats
tics of the Department of Agicul-
ture, could have approximated or
anticipated the results of the COM
pleted crop or cotton reports
formed the bone of contention be-
tween the attorneys for the govern
ment and counsel for the defendant
at the Holmes trial in Criminal
Court No. today.
To lay the basis for the important query
referred to in the foregoing the govern
ment recalled Statistcian Olmsted TO the
stand today in the Holmes trial and re-
quired him to explain in great detail the
exact methods followed in the bureau of
statistics In handling the reports OF the
township. county, state and special cor
respondents. Holmes. it was said. handled
these incoming reports and the tabulation
sheets upon which the final report OF each
month was made up. and 1t was brought out
In evidence that it was a part OF his duties
as associate statistician to do so.
"Given the facts that Mr.. Holmes was
familiar with the methods followed by
StatlStlCEln hyOe III pIepdi d1ioA VA Ni'S
cotton crop report. and that he acquired
knowledge of the terminal fluctuations for
the cotton states preliminary to the issue
of the monthly report. could not he nave
very closely Appropriated the result 'er-
haps one or two days in advance" finally
aueried District Attorney Baker
THAT Is about the same question we hao
yesterday" suggested Justice stanord.
YES but / wish to press 1t at this time.
answered Mr.. Baker.
The court accordingly consented to hear
the reasons advanced. and protracted
argument between counsel resulted In the
question being ruled out as improper. JUS
tice Stafford said the decision whether
Holmes able to approximate the fig
ures OF the statistician in advance should
rest with the jury.
In Another Form.
In still another guse District Attorney
Baker sought to get the same proposition
before the jury, when he asked Mr.. Ohm
sted il he had learned Statstician Hyde's
methods. Witness replied:
Eyes. soon after my appointment to the
position of assistant statistcian Mr.. Hyde
explained the credibility usually to be at
tached to the various classes OF reports
from correspondents throughout the coun-
try. and on one occasion during the alb
sence of Mr.. Hyde. I prepared one of the
bureau reports. When Mr.. Hyde returned
he looked over the report and said
But MIR. Olmsted was allowed to go no
further. The objection made OF the defense
was that anything Mr.. Hyde may have said
regarding the accuracy of Mr. Olmsted
conclusions in that report was fnmateriai
The court stated that Mr.. OlmSteds aoHity
to reach such conclusions could not be
taken as proof that Mr.. Holmes could
have covered the same ground.
John d. ProsSer. local manager FOR the
Postal Telegraph Company. Identified sew
eral kilograms produced by the government
as having been received in the New York
office of the company. The originals OF the
kilograms. he said, were destroyed, accord
ing to the rules of the company. six months
after they were filed The substance of the
message was not produced in evidence, and
they were simply marked for Identification
for use at some later stage of the proceed
ings.
Statistician Clark Testifes.
DIR. Charles C. Clark the present associate
statistician. and acting chief Of the bureau
of statistics, was the next witness. and he
went over much OF the same ground as had
the previous witnesses regarding the meth
cd of procedure in the bureau.
He said it was a general understanding
among all of the clerks and employees of
the bureau that the knowledge they OBJ
tained of the business of the office was
confidential and to be kept secret. When
the first suspicion of the so-called cot
ton leak was aroused. the witness stated,
the chief of the bureau declared there was
no leak; that such thing would be i'm
possible, and a letter to that effect was
prepared.
Witness practically reiterated the testi-
mony of Mr.. Olmsted and Mr.. Fessenden
as to the intimate relations existing be-
tween Mr. Holmes and former Statistician
cordial and friendly" and MIR. Hyde was
often heard to praise Mr.. Holmes because
of his worth and ability, and declared he
had a high regard for him personally.
They were often seen in conversation to-
gether.
Dr. Clark identified a blueprint plan of
the offices of the bureau OF statistics. and
indicated the rooms and desks occupied by
Mr.. Holmes and Mr.. Fessenden, Statistician
Hyde and other employees of the department
in 1904 and 1875 In describing the precau-
crop report days, the witness said the office
of the statistician was closed and locked
until the final computations were completed.
No Admittance Sign offered.
A sign reading, Positively no admittance
today by order of the Secretary, was in
troduced in evidence, and Mr.. Clark said
similar signs were placed on the doors lead
ing to the statstician's private office, and
absolutely no visitors were allowed to enter
until the reports in course of preparation
were completed and ready for announce
ment.
A photograph was shown to Dr. Clark
who identified the originals as Edwin S.
Holmes, jr., Moses Haas and Frederick A
signature the name e 5. Holmes r.;
written on the reverse side, but he could
not state in whose handwriting were the
otter words on the card.
The legend which appeared on the back
of the card was as follows: Section of the
c. T Q. Club, Atlantic City. n. j.. Febru-
airy s. 1905" The initials G. T. .. have
been interpreted to mean the Get There
Quick Club Adjournment was taken for
the usual noon recess until 1:3O o'clock.
! DR.. Clark returned to the witness chair
AT the opening of the afternoon session,
and he was called upon to identify the sig
nature of Edwin s. Holmes. jr., to a num-
| Der of checks and letters. Many of the mis-
| sives were addressed to John Hyde, sta
| tistician, then absent in Europe, and in
| them the writer expressed his belief in
| his ability to prepare the crop reports of
| the bureau without the assistance of Mr..
Hyde. The latter was on vacation trip
| and was recuperating, and the letters as
sured him he need not hurry home.
Afternoon Session Yesterday.
Assistant Statistician Fessenden continued
| On the witness stand until the adjournment
| of court late yesterday afternoon. He iden-
| titled as Mr.. Holmes signature the entry
"E. S. Holmes, jr., d. c." on the register