Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-12
MATTER OF NOMENCLATURE
OF ALLEGED LAND
FRAUD CASE.
Witnesses Questioned as to Certain
Names and Their knowledge
Of Joint Agreement.

The alleged INSTRUMENTATION of the
names "Zabriskie' and "Steece" by the
defendant. Dimond, while he was on the
witness stand in San Francisco, was the
feature of the proceedings today in the
trial of Messrs. Hyde. Benson. Dimond
and Schneider in Criminal Court No. 1, on
charge of conspiracy to defraud the gov
eminent of valuable public lands in the
west That the government expects to
set great store by the use or misuse of
the foregoing names by Mr.. Dimond was
demonstrated by the persistence with
which United States Attorney Baker pur-
sued the point, three of a total of four
witnesses on the subject being called be-
fore the jury this morning.
Walter X. Slack, who was formerly a
clerk in Hyde's office in San Francisco,
was on the witness stand once more this
morning, and his further redirect exam
ination by United States Attorney Baker
while in Hyde's office. had charged
against the joint account of Hyde & Ben
son all Of the expenses of Henry T. Dl-
mond. not only while the latter was In
Washington. but before he departed from
San Francisco. Witness could not say
whether or not Mr.. Dimond knew how
this charge was made.
&&SSSSA>NSs
The final recross-examination of Slack
hinged upon what knowledge he may
have had concerning the settlement
of this joint account, and particularly
whether he could say that Benson had
refused to settle the account; that Hyde
had entered suit and that this action is
still pending in the courts In California
Attorney Campbelrs questions apparent
ly indicated that there was such a case.
but Slack could not so testify "of his own
knowledge
Irving Rittenhouse, a clerk in the land
Office, who has been detailed to assist in
all phases of the land fraud cases during
the past three or four years, testified that
Mr.. Dimond, while on the witness stand
in San Francisco, had pronounced the
name of Schneider's attorney, Zabriskie.
name of Special Agent Steece as STAGE
and the name Of Susan Dickinson. clerk
in Hyde's Office. as Ann Dickinson. This
was offered as basis. together with the
similar testimony of Secret Service Agent
William ]. Burns, who testified April "a
for the introduction of anonymous let
ters which the government expects to
claim were written by the defendant Dr.
mond to himself as a means of forcing
Hyde to pay certain fee which Dimond
had earned
What Prosecution May Argue.
From these same letters. if sufficiently
proved, the attorneys for the United
States hope to argue to the jury that
Mr. Dimond had knowledge of much of
the alleged fraudulent nature of Hyde's
business.
Still further testimony concerning the
names "Brokasky,' "Stave'' and Ann
Dickinson was secured from John Nc
Phaul. an attache of the land office. who
stated that he was present in the court
room in San Francisco and heard Dimond
so pronounce them.
On cross-examination by Attorneys
Campbell and Worthington it was estab-
lished that all of Mr.. Dimond's letters
including also the alleged anonymous
letters. of which the government has pos
session, were voluntarily surrendered by
Mr. Dimond.
Mr. Campbell read from the record OF
the testimony at the San Francisco hear
ing. asking Mr. McPhaul If it was not
fact that Mr.. Dimond was questioned con-
corning the name of Schneider's attor-
ney, and that Dimond replied:
II do not recall exactly. except that 1t
had b sound"
Question as to Names.
Whether Attorney Heney the govern
ment examiner, had not suggested DO
rasky," and Dimonds attorney inter-
rupted with a correction, pronouncing the
name Zabriskie, and Dimond finally re-
piled that the name was something like
that. Mr. McPhaul replied that the in
cident occurred about as related. He in
sisted. however. that this was the sec
ond time Dimond had testified on the
point, and that on the first occasion he
had used the name as "Borasky or BRO
hasky'' of his own volition. although the
stenographer in transcrfbing the record
had not so spelled 1t. Similar testimony
was given by the witness concerning the
use Of the name "Steece" or STAGE" by
Dimond.