Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-23

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for Henry =. Dimond. and Attorney A:
A. Birney. for John \. Benson, moved
the court for the discharge of their re-
| spectve clients. Justice Stafford in
| structed Clerk Samuel McC. Hawken to
enter the desired order.
The scene when the jury returned for
| the last time was one Of the most
dramatic of the entire trial. Even
| though the long wait through seventy
four and one-half hours since the case
was. first given to the jury. last Friday
afternoon, had given rise to the general
belief that nothing but disagreement
could be expected. the air of the court
| room seemed changed with a subtle fore
cast that something more than mis-
trial was about to be announced.
Report Of the Foreman.
| There was absolute silence as the clerk
| complied with the Formally of calling
the roll. Then. by direction of Justice
Stafford. Clerk Hawken took up the in
dictment count by count and asked the
| stereotyped questions concerning each of
| the defendants in turn.
Gentlemen of the jury. what say you
! as to the defendant Frederick 4. Hyde?
DO you find him guilty or not guilty under
| the first count of the Indictment" said
| he
Guilty" responded Foreman Dent. His
voice was scarcely audible.
What say you as to the defendant
John A. Benson?
Not guilty"
What say you as to the defendant
| Joost H. Schneider"
Guilty"
what say you as to the defendant
Henry 7. Dimond?'
Not guilty"
And so these questions we're repeated
as to each of the forty counts of the in
dctment To each came like answers
tv-ni +
counts were exceptions. because they con-
| cerned Benson alone. The latter's at
torney. Joseph c. Campbell had secured
| a ruling by the court that these counts
| should be eliminated.
| Both related to the alleged knowledge
| of Benson of the fraudulent methods en-
| ployed by Hyde in getting titles to land
| in Oregon and OF the forgeries of sigma
| lures employed to the same end. This
| ruling in effect declared that Benson
| could not have known of the facts claim
| ed, and the jury followed Justice Stat
| ford's direction by returning verdicts of
not guilty in each.
Jury Is Polled.
At the request Of Attorney A. S. WORTH
| ington. on behalf of Hyde, and Attor-
ney r. Golden Donaldson, on behalf of
Schneider, the jury was polled the
| first count Of the indictment. All twelve
men answered to their names and pro-
nounced the single word Guilty" thus
| establishing that there was absolute
agreement in the conviction of the two
men.
| 1t was stated the motion for a new
trial made for Hyde and Schneider will
be argued at the opening of the fall
| term Of court in October. In the mean
| time a motion granted in arrest of Judg-
ment will obtain.
| 1t is expected Hyde and Schneider will
| start the return journey to their homes
| in San Francisco. Cal. and Tucson, Arz..
respectively this evening.
Congratulations were the rule of the
hour after the announcement of the YER
| dict yesterday afternoon. Many were
the Fluctuations heaped upon United
States Attorney Baker and Assistant At
| tOrney General Pugh for their able con-
duct OF one OF the most complicated
Eases in the history Of Jurisprudence in
| the land.
| Similarly the successful Defendants
Benson and Dimond. were the recipients
Of many hearty handshakes and best
wishes for the future. They were prac-
tfcally strangers in a strange land when
| the trial began but If the congratulations
shOwered upon them might be taken as a
criterion, both have made many friends
| during their enforced presence in the city
| Scarcely less happy at the end of the
case than Benson and Dimond were the
twelve men who composed the. jury.
With the exception only of the famous
Star Route proceeding this was the long
est trial in the history Of the criminal
courts of the District of Columbia. 1t
was one OF the longest on record any
| where in which the members of a jury
| were held continuously under confine-
ment They were permitted during the
| eighty-three days since the trial began
to communicate with members Of their
families only in the presence of one Of
| the officers Of the court.
| Justice Stafford heartily thanked the
| jurymen for the sacrifices they had made
and for their faithfulness throughout the
| long ordeal.