Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-13
HARD LEGAL BATTLE AHEAD
RELEVANCY OF TESTIMONY IN
LAND CASE ATTACKED.
Contention That Evidence Offered by
Government Is Barred by
Statute Of Limitations.

AS the trial of Frederick A. Hyde, John
A. Benson. Henry P. Dinond and Joost
H. Schneider progresses each day in Grim
inal Court No. 1. and the line of evidence
adduced by the government relating to
the. alleged conspiracy to defraud the
United States of valuable public lands
becomes more clearly defined, it is made
certain that hard legal battle is ahead re-
garding the relevancy of all of the test-
mony which has been offered to. the pres
ent time. Counsel for the defense have
repeatedly made the objection that all of
the alleged illegal acts. to which fully
half a dozen government witnesses have
so far testified. were committed more
than three years prior TO the finding of
the Indictment and are therefore of no
force and effect because barred by the
statute of limitations.
Admission Of all the evidence has been
secured by United States Attorney Baker
on the ground that it is being offered for
the purpose of showing the practices in
the daily transaction of business by Hyde,
Schneider and the other parties to the al
legged conspiracies: but every question and
answer has been under objection and ex
ception and admitted with the under
standing that the court will. at later
date. hear full arguments on A motion to
strike out all of this character of testi-
mony.
The last hour of the morning session of
court was devoted to the Identification of
land applications and assignments for
which the witness McCusker declared he
procured signers and for which he re-
cefved 81 each from Schneider. 4 recess
was taken from 1880 o'clock until l:30.
Acquiring Title to Lands.
George G. Brown. clerk of the state
land office of Oregon. was the first wit
ness of the day. and he identified a long
list which. he said. had been prepared
in the land office in Salem. Ore. Mr..
Brown stated the list included the loca
ton, township. range. description. area.
name of applicant, name of witnesses.
name Of notary and other details relating
to the sale of great number of sections
OF the state school lands. He described
the methods necessary to be followed In
acquiring title to this class of public
lands in Oregon.
Under cross-examination by Attorney
Worthington Mr.. Brown stated there was
no limit under the Oregon law to the
amount of land which one person could
obtain by assignments of the owners
after titles had been acquired.
Upon the calling of the. next witness,
Thomas McCusker of Portland Ore. At
torney Worthngton had the attorneys for
all of the defendants in a spirited objec
ton to the testimony proposed to be in
troduced. 1t was asked by the defense II
it was intended to show that the de-
PENDANT. Hyde, had knowledge of the
methods pursued in transactions in Ore
gon school lands made by Joost II.
Schneider. and the objections were re-
peated when United States Attorney Bak-
err declared that Hyde would be con-
nected with all acts of Schneider" JUS
tice Stafford overrnled the objections.
and also the objection which has been
many times repeated in the trial by At
torney Campbell counsel for Benson. that
all the acts intended to he testified to by
McCusker were committed more than
three years prior to the filing Of the in
dictment and were therefore irrelevant,
immateriai and incompetent.
Required then to tell his story, Mr. Nc
Cusker said:
Il walked into the store OF friend of
mine, Mr.. Allen. in Portland. in 1893 and
I was introduced to a stranger standing
there. j. H. Schneider, who. Mr. Allen
said came from his old friend Sherman
of San Francisco
Witness produced card given to him
at that time by Mr.. Schneider. and from
which the United States attorney read
Schneider's name and various addresses,
one of them being "IIyde's rancll''
Mr. McCusker. said Schneider arranged
with him to secure number of persons
who would be willing to sell their school
rights" He and Mr.. Allen were to re-
ceive so from Schneider for each appli-
cant whose signature to an application
and an assignment was secured Half of
the money furnished by Schneider 1851
was paid to the signers and the other
half was retained by McCusker United
States Attorney Baker offered I'm evidence
several Of the applications and assign
ments which. witness said. were pro-
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