The Washington times., 1908-04-01
LAND FRAUD TRIALS
STARTED At LAST,
TO COST $2IO.OOO
San Francisco Attorney
Who Prosecuted Graft
erS Assists Baker.

After nearly four years delay the
Hyde Benson - DImond-Schneider land
fraud cases we're called for trial today
before Justice ST. ford. Of the Criminal
Court
The charge upon which the defend
ants We're brought TO this jurisdiction.
after bitter preliminary legal contests
in the State courts of California, and
the United States Supreme Co'.rj. is
conspiracy to defraud II United States
cut of valuable tracts OF public lands
IN the West On February ]. 19Of in
dictments were returned against John
a. Benson, Frederick A. Hyde, Henry
a. Dimond. and JoOsty Schneider.
Trial was first set about a year aga.
but through lack Of funds 10 pay wit
ness fees and ct-,er costs, the case has
been twice postponed. Various witnesses
were brought from the West and ia1er
dismissed here afser receiving travelling
expenses. because of insufficient appro-
prlation to carry on the trial
Case Cost Sz1o,ooo.
IN this way alone. probably $4,000 has
been paid out iiythe Government. Near
ly Sl00,0OO has Jeen expended in y -ose-
cutting the case through various courts.
Congress has Just appropriated S60.O0O
to meet the trial costs About 800 wit
nesses in all win be summoned by the
prosecution and defense.
The original Indictment charges the
defendants with various fraudulent
schemes. used. IL Is alleged, in scqUes-
trating valuable tracts Of the public
domain The dummy entry systen- .
and use OF fictitious names are said 70
have played an important part in uIeir
operations.
Caught in District
Schneider was in the District Of Co
lumbia when the indictments were re
turned. and Hyde and Dimond gave bail
in California for their appearance here.
Benson was arrested in New York, but
successfully fought extradition. Later
he was arrested in Washington. A ru-
NOR that Schneider would turn States
evidence was denied by one of the at
troneys for the defendants today.
The trial will continue probably for
three months. Francis J. Heney, OF Ore
gon. who recently has been employed
fn The San Francisco anti-graft cases,
will assist District Attorney Baker. and
Arthur 3. Pugh, special assistant from
the Department Of Justice, in prOsecuI-
ing the case for the Government.
Pleas in bar and pleas in abatement
followed each other in rapid order this
morning. They were al swept aside on
objection Of the District Attorney. The
defendants. Hyde. DimOnd, and
Schneider were arraigned and charged
with conspiracy 10 defraud the Gov
eminent by the fraudulent acquisition
of public lands, and pleaded not guilty.
The defendant Benson. although in
or 1. To
A plea in bar on behalf Of Benson was
fled as soon as the court was called 10
order. Pleas in abatement were filed
for all the defendants alleging irregu-
larities in the grand jury proceedings
at which the defendants were indicted.
The plea in bar set forth that the deci-
sion OF a New York court before which
Benson appeared after his arrest, dis
charging him. was final
District Attorney Baker, who is con-
ducting the prosecution with Assistant
Attorney General Pugh and Assistant
District Attorney Mcnamara, immedi-
ately drew UP a demurrer 10 the pleas
on the ground that they had been filed
tee late in the case that they did not
show any injury 10 the defendants. and
t::at in any event they were filed too
late. Justice Stafford sustained the de-
murrer Of the district attorney
Counsel for Henry =. Dimond gave no.
tice that he would ask for a Separate
trial for his client The request of
counsel for JOost Schneider, that he be
allowed 70 interPOse a special plea in
abatement on the ground OF irregulari-
ties in the grand jury proceedings. was