Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-19
Land Frauds Conspiracy Case
Reaches the Climax.
DEFENDANTS WAIT VERDICT
Justice Stafford Concludes Charge
and Orders Recess.
SUBSTANCE OF INSTRUCTIONS
United States Attorney Baker Com
pletes the Final Summing-Up
Argument Late Yesterday.

The trial OF the -Dlynond-
Schneider land fraud conspiracy case
ended today in Criminal Court No. l. so
far as the presentat ton of evidence. argu-
ments and the courts charge to the jury
are concerned. and at a late hour this
afternoon the jury was celebrating as to
the guilt or innocence of the defendants
Justice Stafford began his charge imme-
diately upon the converting of court at III
o'clock this morning and completed MS
instructions at 1 o'clock. at which hour
the twelve jurors retired and the defen-
dants settled back in their chairs TO
await with what patience or ease they
could the rendition Of the verdict. When
the Jurors filed from the room the court
directed a recess until 3 o'clock.
Justice Stafford carefully reviewed the
Indictment in opening his charge, explain
ing the meaning of each OF the counts W
the Jury, and specifying the acts allesed
in each count which must be found TO De
proved before verdict of guilty may pe
returned against the defendants. singly
or collectively.
THE first question you must consider Is
whether the defendants consplred at an.
the court said: 1.-The next whether they
conspired to accomplish the end alleged
and the next whether. under each count
the overt acts alleged were actually per
formed" Justice Stafford stated to the
Jury also that two other important facts
also must be found. namely. the place
and the time. You must find the con-
spiracy existed and must find some overt
act was committed in the District OF Co
lumbia within the three years next pe-
fore the finding of the Indictment or you
cannot hold the defendants as guilty.
ut is not necessary that all parties
must be in a conspiracy from beginning
to end. Nor, in this case. does it matter
how the titles to the land were obtained
unless all understood this was a part of
the plan. or afterward that all agreed
the titles obtained by alleged fraudulent
means should be foisted off upon the gov
eminent for good titles"
The court charged. however. that the
allegation Of forgery in the securing of
titles could not be held as against Ben
son. and he carefully reviewed the various
alleged acts of each of the four defend
ants. indicating what should be found to
justify verdict against any one or all of
the four. The charge was concluded with
a definition Of the presumption Of inno-
cence attaching to the defendants
throughout the trial and the reasonable
doubt of their guilt.
United States Attorneys Argument.
Throughout his argument yesterday
United States Attorney Baker was pitt
less in his portrayal of the defendants
in their alleged unlawful actions He de-
clared that Benson was the one at fault
for the downfall of Harlan and Walk and
Forest Supervisor Taggart, and Hyde for
the downfall of Forest Superintendent AL
len.
This was in reply to the arguments of
Attorneys Worthington and Campbell that
the agents Of the United States had drag
ged these men in the mire.
Mr.. Baker was interrupted by Attor-
ney Campbell when he said: Benson
went on the stand a confessed criminal. -
Mr. Campbell asked that the remark be
taken down and designated as misconduct
on the part of the prosecuting officer. The
court held the United States attorney was
not justified in using this language. Mr..
Baker continued. calling attention to the
refusal of Benson to answer questions.
The United States attorney pointed out
that a concert of minds between the de-
PENDANTS was all the jury needed to find
from the evidence to establish the con-
spiracy. eff Benson did his part. and
Schneider did his part. l care not whether
they knew each other or whether they
acted under any written or verbal agree
ment. If they acted in this concert of
minds then the conspiracy is established"
Mr.. Baker severely arraigned the action
of Attorneys Worthington and Campbell
in their arguments, in attacking govern
ment witnesses and the methods of get
ting evidence. The United States attor-
ney was again Interrupted by Attorney
Campbell. who declared the government
officer was outside the record. Mr.. Ba-
ker's argument was concluded at $3.50
n clock