Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-21
DRAMATIC FEATURE OF TRIAL
EXAMINATION OF W. D. HAIR
Lam BY ATTORNEY CAMPBELL.
Proceedings Today in the Land
Frauds Case-Further Testimony
of William e. Walk.

fore Justice Stafford in Criminal Court
No l. on charge of conspiracy to defraud
the government Of valuable public lands
in the west. were regarded as of distinct
advantage to the defense. Almost all OF
the morning session Of court was devoted
to cross examination of Woodford ID. Har-
Ian. one of the governments principal
witnesses by Attorney ]. c. Campbell OF
San Francisco counsel for Mr.. Benson,
and Mr. Campbell literally forced series
of admissions from Harlan. one of the
most important of which was the state
ment that it was Harlan who practically
demanded money from Benson and not
Benson who volunteered to pay Tor spe.
cial favors to be secured from the general
land office through Harlan. One specific
instance was adduced when Harlan ac-
knowledged the authorship or a letter 10
Benson in which he stated he Thought
certain services which he had rendered
were worth about $500"
Altogether Mr. Campbell's examination
of Harlan was the most dramatic feature
Of the whole three weeks of the trial. at
one stage Harlan being compelled to ad-
NIT that he had deliberately told false
hoods to Benson in order to secure evil
dence for the government.
William f. Walk. another of the govern
today both at the opening Of court for
the conclusion of his direct examination
and later for crOss-examination.
Examination of W. E. Walk.
The examination of William E. Walk. a
former official in the general land office.
who was on the witness stand during the
last hour of the court session. was re-
sumed this morning. and. under question
ing by United States Attorney Baker
Mr.. Walk canvassed a large number Of
records of the land office, specifying pub
lie lands selections of Messrs. Benson
and Hyde. which. he said. were taken up
out of their regular order and expedited
Asked if he remembered ever having
heard Henry P. Dimond make state
ment concerning F. A. Hyde and John A
Benson. Mr.. Walk said: Not part1eu-
larly. 1 remember that he entered an
appearance as attorney in land Office
cases, and once he gave me list of
about ten cases in which Hyde and Ben
son were interested"
By agreement Of counsel yesterday At
torney ]. c. Campbell. attorney for Ben
son. desiring to examine and compare the
testimony given by Woodford D. Harlan
at hearings in New York and San Fran
cisco. the cross-examination of Mr.. Har-
Ian was deferred until today and when
Mr. Walk left the stand, about IL o'clock,
Harlan was recalled.
How long have you known John A.
Benson" Mr.. Campbell began.
I
said.
[ was he always friendly and liberal
with you?'
Yes"
What was the date Of the letter YOU
wrote to Dir. Benson in November 1902
November 6. 1905, 1 think" and Mr..
Harlan was required to quote the contents
we'll as he was able. and as he told it
the letter informed Benson that the inves-
tiKation in Washington into the land mat
n
And were the statements true or
falser'
Some were true and some were false"
What was your object in thus deceiv-
ing man who had been your friend?'
L wrote the letter under instruction of
Mr.. Burns, secret service agent"
Instructed to Accept Money.
Witness admitted in answering a run
ming fire, Of questions. that he had also
been instructed by Mr.. Burns to accept
any money Mr.. Benson might give him,
and Harlan said there was no mention of
what the money should be for, whether a
Eratuity or not. Mr.. Harlan admitted
that he was simply tool In Mr.. Burns
hands: that he went to Benson and told
untruths because he wanted, to do any
thing he could to aid the government.
"And II you told untruths then, are you
not telling them now?'
mo, l. am willing to do anything can
to aid the government as far as the truth
us your. memory better now or worse
than 1t was when you testihed In New
York before Commissioner Shields. or in
San Franciscan?
thing.n
ATTORNEY Campbell read sections from
the Testimony given by Harlan before
Commissioner Shields and the witness
acknowledged as true his statements at
that time-that he was anxious to do
anything to aid the government: that 1t
was not for him to decide whether tasks
set for him were right or wrong, and
that he did it principally because his
conscience hurt him.
And my conscience still hurts me-"
You had no conscientious scruples. then.
about telling falsehoods to man who
had been your friend for years."
Il thought it necessary to do anything
to aid the government; / thought and
still think IL any mans duty to do all
in his power to assist the government
when violations of thu law are alleged"
Another series of questions drew from
. Harlan the statement that he did not
consider at the time the arrangement
was made. the acts he was to do and did
do were wrong: in a word. that 1t was not
wrong TO advance land cases out of their
regular order.
No Mention Of Money.
AS matter of fact, not one word
about money. about compensation for
what you did or were TO do for him was
mentioned between yourself and Mr.. Ben
son from the time OF your first interview
with him until the last?" Attorney Camp
bell asked,
No. except the statement that 10 cents
An acre was to be paid for lands expedited
to patent" Harlan replied.
Witness said, I'm answer to several Ques-
tions, that Mr.. Benson never agreed to
pay any given sums of money for any
certain service. Harlan acknowledged
sion asking him to come to Washington
with the object of securing an agency to
sell land scrip in thu San Francisco Hills
forest reserve for Benson. He admitted.
further. that he wrote to Benson on or
about April TO- 1915, and asked for $500,
saying that he thought the work he did
prior to that time was worth about that
sum.
The usual recess was taken from 1880
o'clock until 80 o'clock.
Mr.. Campbelfs cross-examination of
Harlan was concluded soon after the
opening Of the afternoon session. Under
further cross-examination by Attorney
Worthngton Harlan stated that he first
admitted his transactions with Benson to
the Secretary OF the Interior after he
had been questioned several times by
Secret Service Agent Burns, the aues-
lions indicating that the officials were
familiar with his conduct.
How long were you retained in Office
after you confessed?" Mr.. Worthington