Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-10

into between the TWO parties september
H. 1897
1t was regarded as the most important
feature yet introduced in the trial in
defense of Hyde and Benson. as it tended
to controvert the evidence of secret un-
Outstanding between two Of the defend
ants regarding collision in all or nearly
all of their operations in public lands.
and restricted their joint interests to land
owned by Hyde. in the sale Of which Ben
son was to receive share of the profits.
In explanation of the battered appearance
of the document Mr.. Worthington said
it had been scared In the fire following
the earthquake in San Francisco.
Attorney Birney appeared before the
Court of Appeals today and asked that
the hearing on the appeal from the
habeas corpus proceedings on behalf Of
Benson be advanced. Assistant United
States Attorney Mcnamara opposed ad-
vancing the case. and the court took the
matter under adyisement and will an
nounce its decision later.
"Oear Sir" Letters.
Miss Marian l. Doyle, a stenographer
and clerk in the Office Of F. A. Hyde In
San Francisco in 1899, 1900 and 1901, who
was on the stand when court adjourned
yesterday was recalled this morning. One
of the first subjects brought up was in
relation to a mysterious series Of letters.
which United States Attorney Baker de-
scribed simply as the Dear Sir letters.
Miss Doyle apparently testified on this
point with great reluctance, because she
repeatedly professed to know nothing
about them. but when her memory was
refreshed by the recalling of converse
tons with Mr. Baker and Assistant At
torney General Pugh she said they were
Hyde's private Office and which were
mailed without names added to persons
in Washington. Miss Doyle first testified
that she thought these letters went to
omcials In Washington. but later said
she was not sure about this.
In cross-exam1nation Attorney Worth
ington elected a statement from Miss
Doyle. when, In describing her duties, she
spoke of Mr.. Hyde's CLIENTS
What do you mean Of clients %
queried Mr.. Worthington.
They we're persons who came to Mr..
Hyde's Office when they wanted to secure
land In various sections Of the state" the
witness replied. and she added that it
was part Of her work to choose the base
lands or school lands which were to be
exchanged with the government for the
land the Clients wanted.
Did you ever see written agreement
or contract between Mr.. Hyde and Mr..
Benson" asked Mr.. Worthington.
Yes" replied Miss Doyle.
What was 1t. do you know?'
1T was typewriter. think, and be-
concerning the division Of the proceeds of
the sale Of lands in which they had a
joint interest"
Miss Doyle identified the signatures of
MI Benson and Mr.. Hyde to document
which was worn with age and brown or
dun in color. Her remark that she did
not remember the document being of such
color inspired Attorney Worthington's
comment that the agreement was a relic
of the San Francisco earthquake and fire.
Letters Placed Before Jury.
Many of the letters. which form a part
of the governments documentary evil
dence and which were identified yester-
day by Walter X. Slack as having been
either written or signed by Hyde. Dimond
or Schneider. were read to the jury later
IN the afternoon. Some of the letters
served to show the feeling existing be-
tween Hyde and Schneider after the lat
ters revelations to the government
agents. and others were offered as tend
Ing to support the contention OF the at
torneys for the United States that Hyde
went OUT into the highways and byways
public lands"
Hyde wrote Dimond. his attorney, who
vas then In Washington. under date of
January Is. 1903: will be better off
after Richards comes in than we are now,
II may be well to let the matter rest until
Hermann gets out of office" HYDE shows
Ill feeling for Schneider In a letter writ
ten to Dimond the following day: IT they
VII suspend anything on the mere I'M
supported statement Of a blacknnailer,
why would not my statement In return be
equally elective to release them? It fs
utterly impossible for me to trace all OF
THESE people. and 1t would be announcement
10 trace others. for It would subject me
to almost unlimited blackmail. Try and
md some way out Of it. and by all means
Keep u quiet until Hermann gets out, and
t kees II quiet anyway:" Hyde also refers
ders vivid imagination and his maiienant
spirit this sufficient basis for him 10
make WHO statement he did. which he
never would dare to swear to-" The let
Ter states also that Schneider took ad-
vantage Of ignorant persons and made
representations to buyers OF land.
Read to the Jury.
The paper was read to the jury and
proved to be an agreement between the
t"o ny WHICH Benson was empowered ia
sell lien lands belonging to Hyde in the
Cascade forest reserve. such sales to be
made outside the state Of California. It
was stated in the document that the land
cost approximately $50 an acre; that
profits to be divided should be 'net"-ie.,
less the first cost OF the property, less
interest on money which, it was stated
c. W. Clark loaned to finance the deal
and less one-sixth additional which was
to be Hyde's excess share in the profits
On his part Benson agreed to sell one
third of the property the frst year. one.
third the second year and one-third the
third year any margin remaining unsoId
at the end Of each year to be Withdrawn
from the agreement
Reference to the Dear Sir letters wa.
also made at the opening Of the examina-
ton OF the next witness, Miss Isabella
Kincaid. of Oakland. Cal. who was en-
ployed in Hydes ONCE from April. 1888
10 November. 1897. She said the letters
were dictated to her and they never in
cluded the name of the person to be
addressed Concerning the contents OF
the missives Miss Kincaid said they
usually referred to forest reserves, land