Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-22
HEARING TAKES / new PHASE
PROCEEDINGS TODAY IN THE
LAND FRAUDS TRIAL.
Attorney for Defense Object to
Testimony Of Clerk Dismissed
From Government Office.

The trial of Frederick A. Hyde. John
A. Benson. Joost H. Schneider and Henry
p. Dimond before Justice Stafford In
Criminal Court No. 1 on charge of con-
spiracy to defraud the government OF
valuable public lands in the states OF
California and Oregon, assumed new
phase this morning. when the attorneys
for the defense interposed most strenu-
Gus objection to the testimony Of James
j. Barnes, q veteran clerk in the gen
eral land Office. Barnes had been con-
nected with the Department Of the In
terror for forty years, until April 30. 1907.
when. with Woodford d. Harlan and
William E. Walk. he was dismissed. 1t
was offered by United States Attorney
Baker to show by Mr.. Barnes testimony
that Frederick A. Hyde had employed
Barnes, just as the evidence produced
Monday and yesterday by Messrs. Har-
Ian and Walk, tended to prove. that Ben
son had used them. to secure the ex-
pediting and passing to title of lands
through the land office.
Barnes was first called to the stand
yesterday afternoon. but was excused
with little more than formal examina-
ton. and again this morning he was
called and required only to answer as to
said he had been on friendly relations
with Hyde for about four years prior to
1903. and many letters Of friendly ma
ture passed between them. Witness was
asked whether he had ever taken a spe-
cial interest in or had been paid for pass
ing lands in which Mr.. Hyde was inter-
ested through the various stages In the
general land Office, but at this point the
objection was made by the defense.
Jury Excused Pending Arguments.
The result was that Barnes was again
excused from the stand, ana the jury
was also taken from the court while the
opposing counsel argued the points Of law
| involved. Special efforts were made by
all of the attorneys for the defense to
sustain the contention that any acts done
by the defendant Schneider. as an en-
ploye of Hyde, could not be held as con-
| Meeting him as an active participant IN
the alleged conspiracy. III this should
be the case Attorney Worthington for
argued, 1T would be equally true that
overt acts by Miss Kincaid and Miss
Doyle and other employees In Hyde's Office
would make them co-conspirators."
ment made by Schneider las offered by
the government yesterday in the Holsin-
ger report) cannot be used as against the
other defendants. because, 1t Is claimed.
no acts by Schneider fell within the three
years prior to the finding Of the indict-
within the period OF the statute of limi-
tations.
Assistant United States Attorney Stuart
Mcnamara replied for the government. He
made the declaration that Schneider was
| "in the concert Of mind which constituted
the conspiracy when he went to Oregon
to secure school lands for Hyde, and that
the scheme thus begun by his acts was
not consummated for months. or years. un-
til the school lands were exchanged, or
offered for exchange. for United States
lands in the general land ONCE.
"a conspiracy is continuous" Mr.. Nc
Namara said.
Concerning Miss Kincaid and Miss Doyle
and other employees of Hyde Or Benson.
the attorney stated that their acts. were
not done with knowledge Of the guilty end
to be accomplished. Mr.. Mcnamara again
referred to Schneider when he declared
that the latter had full knowledge OF the
scope of the criminal character Of the
scheme. which is proved by the fact that
he went to Oregon and obtained fraudu-
lent applications. which were to be the
very foundation Of the conspiracy"
The argument was in progress at the
time Justice Stafford ordered the usual
midday recess.