Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-18
WILL GO TO JURY TOMORROW
TRIAL OF LAND FRAUDS CASE
VERY NEAR THE END.
United States Attorney Baker Makes
the Final Summing-Up Argument
This Afternoon.


jury by Justice Stafford. which will be
Benson imond- Schneider land frauds
| conspiracy case. which has been on trial
in Criminal Court No. 1, since April l.
was closed today both by the government
and by the defense. Attorney A. s.
Worthington required all of this morn
ing's session for the final argument or
behalf of the defendants and United
States Attorney Baker made the CLOSING
| argument for the government this after
noon.
| In opening Attorney Worthington laid
| particular stress on the fact that the
| jury. to find any of the defendants guilty
must first find the existence of one gen.
eral conspiracy; that the individual acts
of the several defendants. no matter what
their character, unless directed to one
common end, did not constitute a con-
| spiracy. The attorney carefully defined
what would have constituted a con-
spiracy.
1T would not matter at all if Hyde had
written the name of Elizabeth Dimond
even. the expert Sherman testified
he did" Mr.. Worthington continued: sc
long as the other defendants were not in
/ y,
not parties to the conspiracy
The attorney exhibited to the jury all OF
the applications secured by Schneider in
| Oregon and sworn to before the notary
Don Alexander The exhibits were all
fastened to one long board, and Mr.
| Wort hington asked the jurors to note the
| obvious fact that all of the signatures
were written by different persons, and
were not ''forgeries" by one person. as
the government has contended in many
| cases.
Attorney Worthington Makes Point.
Mr.. Worthington made the point in IA
vor of Henry P. Dimond, as opposed to
the contention of the government tina,
Dimond was the author of the anonymous
letters. that the names of Adds B
Browne. Alexander Britton, Jocst H
Schneider and of Dimond himself where.
ever they occurred in the letters were
misspelled.
1T was utterly Impossible that Mr. Di-
mond and Mr.. Hyde could have been en-
gagged in a criminal conspiracy Mr.
| Wort hngtOn declared. The government
cannot hope to show by the most intricate
chain of reasoning that there was any
secret, underhand way of having case:
approved in the general land office. Every
case that went through that Office was
perfect as to it's form. Not one of the
| letters passing between Hyde and Dimond
while the latter was in Washington, con-
tanned any such reference as that Dimond
| should see a tool in the land office. There
was no one with whom he even attempted
or suggested an improper act to get a
case through the land Office
| In conclusion MIR. Worthington sai6
| the government had gone into the case
| in the belief that Hyde and Benson were
in partnership. with Dimond their at
torney and Schneider as chief clerk ir
their land department. and he said: 1T Is
this absurd and preposterous condition
which you must find existed If you are
to find a verdict of guilty.
Dramatic Intensity Injected.
More of dramatic intensity was injected
into the proceedings yesterday afternoon
than at any other time during the twelve
weeks of the trial. Attorney Joseph c.
Campbell. counsel for John A. Benson
consumed all of the afternoon in his
closing argument. and he was severe in
his criticism of the methods employed
| by William J. Burns, secret service agent
to get evidence against Benson and the
others, declaring that Burns had held the
| threat of prison stripes over Harlan ano
! Walk and thus compelled them to DE-
liberately falsify to Benson in an effort
to entrap him.
Mr. Campbell also created a profound
impression as he spoke of the solemn
! character of the duty devolving upon the
jury in deciding the guilt or innocence OF
! their felow-men. Again several of the
jurors and the defendant Benson were
moved to tears as the attorney pictured
the devastation of the San Francisco
earthquake and fire. which. Mr.. Camp
bell said destroyed practically all OF
Benson's papers upon which be depended
in great measure for his defense, as well
as most of his real and personal property
in the city. Mr.. Campbell closed by re-
ferring to the meager evidence upon
which the government has sought to
prove that Henry P Dimond wrote the
anonymous letters