Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-07

Elmer H. Catlin, machiniSt, 1909
ODD street northwest.
Elmer II. Jett clerk, 700 10Th
street northeast.
Nearly all of todays session of Crmina
Court No. ! in the trial of F. A. Hyde
John A. Benson. Henry =. Dimond and
Joost III. Schneider for alleg ed conspiracy
to defraud the government of public lands
in the west was devoted to the opening
statements of the attorneys for the United
States and for the defense. The opening
for the government was made by At
torney A. B. Pugh. special assistant tc
the Attorney General. and it included
a complete resume of the so-called Land
frauds it is promised to prove them
Attorney A. S. Worthington. who Is as
ISOLATED with Attorney r. Golden Don
aldson in the defense of F. A. Hyde, con-
sumed about one hour of the afternoon
session of court in setting out the inn
portant evidence which will be adduced
in Mr.. Hyde's behalf.
Counsel for the defendants Benson. Di-
mond and Schneider reserved their open
ing statements until the conclusion of the
governments case in chief. Mr.. Pugh
began his address Immediately upon the
converting of court at 10 o'clock. and he
concluded at 1905 o'clock
A recess was taken at that hour until ]
o'clock. so that Mr.. Wort kingdoms re-
joinder might have no interruption.
Attorney Worthington Speaks.
Following Mr.. Pugh's address, and upon
the converting of court for the afternoon
session. Attorney Worthington made his
statement for the defendant Hyde. He
briefly outlined the non-contested facts
in the case relating to the methods of the
sale and purchase of public lands. the
formation OF forest reserves and the
selection of lieu lands.
MIR. Hyde has for years been engaged
in the real estate business in the selec-
ton and marketing of school lands, and
he Is still In that business" Mr.. Worth
ington said; ''and you are not to take this
fact, which Is admitted, as evidence that
he was in this business Illegally.
In respect to one very important phase
of the indictment, we differ very mate
rally rally from from the government 1t is al
were engaged together in defrauding the
United States of its public lands, that
they conspired to this end and it is true
that you must find that they did so con-
lieve they gained possession of the lands
Them
Mr.. Worthington declared the defense
would strenuously contend that the titles
to former public lands held by his client
were not invalid and fraudulent as the
government hoped to prove. but that they
are perfectly good titles which cannot be
successfully attacked.
Defendants Were Rivals.
Instead OF being in league as the at
torney for the United States has told
you." Mr.. Worthington continued I'VE
will show you that they were absolute
rivals
They were engaged in the same line of
business. and they had offices in the same
city. but the evidence will show numer-
Gus instances when they were arrayed in
court against each other in contests TO,
titles TO public lands So bitter was the
rivalry. in fact. that on one occasion. upon
the opening of a new land district Mr.
benson chartered special train to reach
Hyde" vi VI
The attorney also declared that Mr.
schneider was employed by Mr. HYDE ms,
as rahchman and occasionally as clerk
and anything Schneider NAV have a.
was entirely outside the knowledge NJ bis
employer. "'1
Even if Schneider was engaged in H.
legally securing state lands Mr.. Worth
ington added. Mr. HYDE knew notb;r,
about IL In 1899 Schneider Ieft the en,s
ploy of Hyde. so that the statute of lni
tatfons. II nothing else, would release Mr.
HYDE from the charge of conspiracy with
not found until 1904"
Upon the conclusion Of Mr. Wortbine
IONS address. Attorney Pugh read the
statute authorizing the creation of forest
reserves. '
An actual beginning in the case was
made by the calling of Ithamar p .Rer
throng. a craftsman In the general land
office. as the first witness He stated he
mad assisted In preparing a map of the
Nf f<,r 1t
he identified a map hanging on the wall
OF the courtroom as the map in question
Outline of the Charge.
The opening statement to the jury for
the government. including a complete ex-
position Of the conspracies alleged
against Hyde. Benson. Dimond and
Schneider. by A. B. Pugh, special assist
ant to the Attorney General. occupied al.
most the entire session of court this morn
ing. Mr.. Pugh said:
This is an indictment under section
$40 Of the Revised Statutes charging
Frederick A. Hyde John A. Benson. Joost
Fl. Schneider and Henry p. Dimond with
conspiracy to defraud the United States
out of large tracts of public land
the statute declares that If two or
more persons conspire either to commit
an offense against the United States or
to defraud the United States In any
ihdhiiSi VI ioi any purpose' ana one or
more of such persons do any act to effect
the object of the conspiracy, all the par
ties to such conspiracy shall be liable to a
penalty of not less than $1,000 and not
more than $4,000. and to imprisonment
not more than two years.
The indictment charges generally tina,
the defendants. during the period from
October. 1901. to February. 1904. at Wash
ington In the District of Columbia, die
unlawfully conspire to defraud the United
States opt of divers large tracts or the
public lands, open to selection under the
laws Of the United States In lieu of land.
within the limits of forest reservations
which had been and were to be estab.
lished In the states of California and Ore
gon. by means of fraudulent practice
Possibilities for Speculation.
-sibilities for unlawful specu-