The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-04-03
OLD CASE FROM CALIFORNIA BE.
ING TRIED in WASHINGTON.
CONSPIRACY IS CHARGED
Alleged That Benson, DImond, schne,-
dor and Hyde Tried to Dsfraud Gov
eminent out of Valuable Lands Ii
Western States.

washington, April 1.-The trial Of
the land fraud cases against Freder-
lex Hyde. John A. Benson, Henry P.
Qmond and j. H Schneider inyolv.
IN alleged conspiracy to defraud
The United States government out of
valuable lands In several western
states was begun here today before
Stafford! in the criminal court.
Upwards Of 200 witnesses from IA
states ii the west, where the alleged
fraudulent acquisition Of lands was eff
fected are here for the trial. This
case has been on the dockets Of the
court here and in California for the
past four years. the trial having been
postponed from time to time. One
Of the delays was caused because Of
the lack Of funds to pay witness fees
and ~travellng expenses. An appro-
priation OF 100000 was made by con-
gress at it's present session to v
the cost Of the trial.
It is believed that the trial will con
tinue for at least three months.
The indictments against the four
men charge that conspiracy was
Matched in this city in 1901 to defraud
the United States out Of many thou
sands OF acres Of public lands in the
west. It IL alleged that these men,
operating through the names Of fcti-
tious persons acquired school lands
in Oregon and California by false en-
tries and forged signatures by entries
later transferred with the help Of In
Of subsidized clerks in the
general land Office.
Benson Resisted Extraditlon.
Benson, who is a San Francisco
millionaire resisted extradition from
California as did his co-defendants
who are alleged to have done the act
ual work in the field and later car
ried the case to the United States SUI
preme court unfavorable to the for
mer opinion handed down.
Binger Hermann, commissioner OF
the land office at the time and later
a representatives in congress from
Oregon sent special agents, Helsinger
and .Magee out west to investigate.
The report was submitted to Her.
mann, who, 1t Is alleged. held It up.
Finally it was brought to the atten-
ton OF the former Secretary Of the
Interior Hitchcock by Magee. The
former detailed secret service officers
and attorneys of the department Of
Justice on the case. Their findings
led to the indictments.
The governments side of The case
Is represented by District Attorney
Baker, special assistants in the de-
partment Of justice Pugh and Heney.
The four defendants are represented
by A. 8. Worthington. r. Golden,
Donaldson and A.. A. Birney, Of the
washington DIT dUU d.. VI
OF San Francisco and w. J. Vandevere
Of New York.
All Enter Pleas.
Promptly at the opening OF the
trial three Of the defendants, Hyde,
Dimond and Schneider plead not
guilty and a plea In bar was entered
as to Benson. The attorneys for the
defendants first offered a plea In
abatement and District Attorney Bak-
er filed a demurrer to the plea which
was sustained by Justice Stafford.
Hyde, Dimond and Schneider g
then a~rraigned and counsel for Ben
son entered the plea in bar. The
jurors were dismissed until 1880
while arguments were heard in bar.
It is said that a new panel will have
to be called from which to select the
Jury.