Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-23
END OF TRIAL NOT IN SIGHT
IN LAND FRAUDS
CASE PROCEEDS SLOWLY.
Ruling by Justice Stafford on Cues
lions Argued Yesterday-Identi-
fication Of Letters.

The trial Of F. A. Hyde. John a. Ben
son. Joost H. Schneider and Henry p.
Dimond before Justice Stafford and a jury
in Criminal Court No. l on charges OF
conspiracy to defraud the government OF
valuable public lands in the west today
entered it's fourth week, and the end is
still far from view. At the opening of
court Justice Stafford gave his decision
on series of questions of evidence which
were the subject of extended arguments
by all the attorneys on both sides yes
terday.
All of the morning session of the court
was dry and uninteresting. as the only
witness was occupied in identifying a
long series of letters which were read tl
the jury in the order of their dates.
There are three questions to be dis
posed of this morning." Justice Stafford
said.
He remarked that the first related to
the admissibility of certain documents
from the files ss of the general laad ONCE
base lands were procured from the gov
eminent by Hyde. Their admission de-
pended upon the existence of evidence
which would tend to show that such
lands were procured by fraud. AT this
stage of the case there is no evidence
indicat ting fraud Justice Stafford said.
"and the documents, therefore. cannot
be used
The second concerned the admission
of the prOffered testimony Of the wit
ness j. j. Barnes to show that Hyde
was engaged in similar fraudulent
practices against the government under
former law.
Not to Prove Intent.
1t was urged if Hyde did employ
Barnes to expedite those cases the jury
would be at liberty to infer that Hyde
had directed Schneider how to procure
the school lands in Oregon, and that he
had something to do with obtaining
Harlan and Volk to expedite the cases
in the land office. The court stated that
evidence of transactions of a similar
nature would be admissible to show the
intent. but in this case that 1t is not Of
fered to prove intent, but to show that
Hyde told Schneider to do things. by the
fact that Hyde himself had employee
similar means in other cases. and hence
1t is not admissible.
The third question was in respect to the
alleged admissions, or confessions, OF
Schneider to show that his connection
with the conspiracy continued to time
within three years OF the indictment
1t was argued by the defendants that
Indicate his participation In the alleged
conspiracy within the statutory period
The court ruled that it Is competent to
supply the evidence that Schneider par
ticipated in the conspiracy within the
three-year period by use Of his own
statement.
The recalling of J. J. Baines to the
stand being thus prevented. Assistant
Attorney General Pugh summoned Benja-
min F.. Allen. formerly forest supervisor
in California. who has also testified
previously. No direct testimony was
asked of this witness. but he Identified
more than two score letters which had
been received by him from F. A. Hyde,
and all were read to the jury. The let
tiers were offered to show the close
business relationship between Hyde and
Allen and to indicate the guiding hand of
Hyde behind all of the movements to
create forest reserves in California.