Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-06
LETTERS BEFORE THE JURY
Effort to Connect Defendant Di.
mond With Alleged Conspiracy.
GOVERNMENT NEARING CLOSE
Arguments by Defense for Acquittal
by Order of Court to Come
Next Week.


Meeting link in the chain of circumstances
laid around Frederick A. Hyde. John A
Benson. Joost II. Schneider and Henry p
Dimond in the alleged public lands con-
spiracy. on trial in Criminal Court No, l.
the government today placed in evidence
large number of letters which were
written by Mr.. Hyde and by Mr.. Benson
to Mr.. Dimond while Mr.. Dimond was In
Washington in 1901 and 1902 1t was
agreed by the attorneys that Mr.. Di-
monds letters. in possession of the de-
Tense. should be read at the same time 60
that the jury might gather a clear un-
derstanding of the significance of the let
tiers and answers.
Practically all of the correspondence OF
1901 and 1902 related to the Astic forest
reserve and to the acquisition by Benson
Of large area of restricted and unre-
stricted land in that territory. in which
deal Dimond acted as Benson's agent
and attorney.
1t is the theory Of United States Attor-
ney Baker and Of his assistants. who are
conducting the trial for the government.
that this correspondence will go a Ions
way toward substantiating the allegation
the conspirators and that he acted as the
representative in the east for, Hyde and
Benson with full knowledge Of what the
prosecution AYERS Is the illegality of the
transactions in the public domain
On the other hand it is understood that
the defense is prepared to put forth the
argument that the so-called Astic deal 10
matter entirely outside any of the al
legged overt acts upon which the indict-
If
ticulars are predicated.
Opening Of the Sixth Week.
The trial today entered into it's sixth
week. and the jurymen, having been UNI
der guard and greatly restrained in their
daily exercise for thirty-fiye days. are
having a particularly hard time trying to
look interested in the mass of technical
and documentary evidence with which
they have been bOmbarded since the trial
began.
1t is expected the government will con-
clude the presentation of It's case in chief
on or before next Wednesday. and the
real struggle of the trial will then be
precipitated in the arguments which will
be advanced by Attorneys Worthington.
Campbell. Wander Veer. Birney and Don
ALLISON for the four defendants. asking
that the case be taken from the jury and
the defendants discharged by Justice
Stafford on the ground that the alleged
conspiracy has not been made out.
The reading of the letters of Hyde.
Benson and Dimond. together with sew
eral other letters written by outside hold
ers of the Astic property. with whom Mr.
Dimond's negotiations were conducted.
which formed q. part of the same tehaAn
of correspondence, consumed all of this
mornings session of court Justice Stat
ford ordered. the customary luncheon re-
cess from 1890 until 30 O'clock
Application for Habeas Corpus Writ.
The case, in so far as it's affects the
defendant Benson. reached a critical
point this afternoon when Attorney Bir-
ney appeared before the Court Of Appeals
and argued the habeas corpus writ by
which it is brought to secure the dis
charge of Mr.. Benson because of the de-
cision of Judge Lacombe OF New York
city. who held in the course Of extradi-
ton proceedings. that the offense charged
against Benson was not a violation OF
the law. Assistant District Attorney
Stuart Mcnamara appeared on behalf OF
the government and based his argument
against issuance Of the writ on the
ground that there was no trial Of the
real issue before Judge Lacombe: that 1t
was merely an extradition proceeding.
Mr.. Birney's contention was that the
hearing in New York had the effect OF
placing his client once In jeopardy and
that there should therefore, be no second
trial for the one alleged Onense. Mr..
Birney was in the midst OF his argument
when The Stars report closed.
The opening hour Of the afternoon ses-
sion of Criminal Court No. I was devoted
to reading into evidence one of the let
tiers which passed between Mr.. Dimond
in Washington and Mr.. Benson in San
Erancisco in the years 1901 and 1872.