The San Francisco call., 1908-05-31

which resulted in DR.. Edward B. Per-
rims conviction on charge OF con-
spiracy. The affidavit, which admitted
~ was secured by Perrin from Smell
through trickery. purports TO give the
history OF SHELLS connection with the
Perrin case and tells of several al
legged conversations with Burns con-
cerning the nature of his testimony
IN an article accompanying the am
davit these portions Of the document
are construed as confession BY smell
that his testimony was one sided ana
designedly made so at the instance Of
Burns. who had prepared the case Tor
the government.
Furthermore, the article says; Smell
afzrms IN this remarkable document
his belief IN the Innocence of DR.. Per-
rim, and he lays the blame for his Pc
culiar line OF testimony on Detective
Burns. whom he accuses Of having
coached him for the trial"
AFFIDAVIT DISTORTED
These are the particular portions Of
the article on which Burns declares he
will base his action against De
Young He points out that the state
nlents contained IN the affidavit do not
warrant any such construction as is
placed on them, but that. on the con-
trary. Smell admits that Burns always
told him 70 testify 10 the truth when
ever called upon. Burns declares that
Smell was exceedingly voluble and al
ways giving his opinion instead of
sticking TO the facts OF the case as he
knew them, and was always trying TO
protect Perrin Burns admits that he
often told Shell to stop talking so
much and 10 tel the truth without try
ing TO state his own opinion or pro-
f.fa4 "a he q
him to tell the truth exactly and give
ali the facts. In the affidavit Smell
says
I tried 70 give Burns su the facts Just as
they were Of the whole afair. BE said: "Ac-
corcing 10 your statement, you don't think be
project him" He said: what do YOU want to
thar be Is not guilty. He has attorneys or can
get them. 10 defend him, and he viii look out
e oF & ,hs f.,,o, Burns nss tois me naay I umse s
yOu want % be saying be is not guilty. ,r you
don't think be is guilty for. He wont pay he
right that / should leave nothing unsaid In the
matter, even though il is against my own IN
were done and the jury can tell whether he is
guilty not" Burns said: Don't tell those
things that are going TO help Perrin. but be sure
70 tel the truth
Another paragraph of Smells afi-
davit reads:
have always tried 10 tell the truth and have
done 80 70 the best Of my ability. but have
son nor any other person ia securing that land
OF any land. 10 my knowledge. and II Perrin
had not had the bad advice that has been given
convicted
DOES NOT BLAME BURNS
That is practically all the reference
10 Burns the affidavit Contains, ex-
cept for some other reports of CONVEX
sations along similar lines. There Is
no charge that Burns attempted to Sc
cure perjured testimony or that he
ever made any suggestions beyond
warning Smell against giving his opin-
ions and instructing him TO stick alb
solutely TO the truth On such foun-
dation was the Chronicles attack
based.
The history of the Smell afhdavit,
for which the Chronicle quotes Perrin
himself as authority. is an interesting
one Shell was employed by DR.. Per-
rim from October, 1903, until May. 1905.
at about which time John c. Keegan,
now dead. and who. DR.. Perrin now
claims, served two terms in Colorado
for blackmail, became involved in the
case. Perrin claims that Keegan and
Smell concocted a plot TO blackmail
him and that through anonymous COM
municatiOns Smell tried TO sell TO him
for $4,000 mass OF documentary evi-
dence needed by the government in fits
prosecution. but that he refused the
offer. Smell had already brought suit
against Perrin for S200 for services.
and this suit dragged along until last
spring, when an effort was made to
bring about a compromise.
Recently a deal was arranged where
by Smell was 10 furnish an affidavit and
a release Of claims and to receive in re-
turn from DR. Perrin $4,000 Perrin,
who is out on bail pending q rehearing
Of his case by the federal court of ap-
peals. refused TO close the transaction
here and induced Smell and Curtis Hill
yer, SnelIs lawyer. to accompany him
TO Flagstaff Arizona. There the afi-
davit was secured from Smell through
a trick and Smell was arrested on a
charge Of blackmail brought against
him in a secret Indictment HiIlyer
was got out Of the way. Smell is still in
jail and DR.. Perrin is back in this city
with the coveted but seemingly worth
less AFFIDAVIT.
i first took up the Perrin Benson
case under Instructions from Secretary
OF the Interior Hitchcock" said VIII
liam J. Burns yesterday L found il
was Identical with the Benson Hyde
case, and ar the time I arrested Benson
IN Washington he and Perrin were there
attempting TO put through their forest
reserve scheme. Benson had $1,000
with him at the time. which Smell told
me had been paid him by Perrin.
Francis J. Heney already had seer
Perrin,s contract with Benson and
Heney had warned him that il he took
single step under ii he could be SEM
70 the penitentiary. / did not follow
the case thoroughly. after getting some
OF the facts concerning it, l turned
what ] had over to United States At.
torpeys Deylin and Black and the,
made the Investigations, had the in.
dictments found. worked up the case
and tried it."