The Washington herald., 1908-04-08


trial on the indictment which charges the
men with conspiracy to defraud the gov
ernment out Of valuable land in the West
was begun in earnest yesterday, the open
ing statement Of the government being
made by Special Assistant Attorney Cen
eral Pugh. and the statement for the de-
fense being made by Attorney A. S.
| Worthington.
The testimony of two witnesses was
heard. that of Ithamar =. Berthrong, a
craftsman employed in the Interior De-
partment. and Former Assistant COM
missioner of the General Land Office John
H. Fimple.
Mr.. Berthrong was called to identify
and testify as to the accuracy Of a map
of California and one of Oregon, which
were placed in evidence. These maps
which were hung on the court room wall,
were marked so as TO indicate the section
where the land involved lies.
As TO the Organization.
Former Assistant Commission Fimple
| testified as TO the organization of the
General Land Office, its divisions, and
officials, the functions Of the same. &c.
/ He was on the stand and was giving
4 testimony along this line when adjourn
ment was taken at 4 O'Clock. He Will
continue his testimony this morning.
Mr.. Pugh. in his opening statement.
which took more than two hours 20 de-
/ liver. outlined in full what the govern
ment expects 10 prove
| that the defendants, during the period
| from October, 1901, 10 February, 1904. at
/ Washington, in the District of Columbia,
/ did unlawfully conspire 10 defraud the
/ United States out OF divers large tracts Of
public lands open to selection under the
/ laws Of the United States. in lieu Of
/ lands within the limits Of forest reserva-
| tons, which had been. and were to be. es-
tablshed in the States OF California and
/ Oregon, BY means OF fraudulent practices.
The possibilities for unlawful specula-
4 tion IN the public lands involved in the
situation thus presented ti1e defendants,
I Hyde and Benson were quick 10 see
They were already engaged in the land
/ business. But under the laws of Cali
foTnia and Oregon, they could not legally
get control of any great quantity Of
school lands. As citizens of California.
| they could each purchase $40 acres of
land, and no more
shown by the Evidence.
'But it will be shown in evidence that
these defendants employed methods
whereby they did obtain from the said
States. in a grossly illegal manner, titles
to large quantities OF land within forest
reservations, and caused the titles so ac-
qulred though fraudulent and worthless,
| TO be relinquished to the United States as
/ bases for selection acre for acre under
the act Of June 4. 1897, of public lands
outside Of forest reservations. paying ST.
an acre for the school lands and selling
the selected lands at from $3.50 10 S an
acre. And 4 IS this schem, that consti-
tutes the chief elements Of the con-
spiracy.
Mr.. Pugh said Il would be shown that
Hyde and Benson had Offices in San
Francisco within a block OF each other.
and these offices were connected by pri-
vate telephone, and that their business
was that of getting school lands in forest
/ reserves and exchanging them for public
lands of the United States.
TAT the same time the application 10
purchase would be signed, the applicant
would, in most eases also sign an assign
nsnt of the certificates of purchase. or
would agree TO convey the land TO Hyde
or Benson said Mr.. Pugh.
Mr.. Pugh said It would be shown that
Henry =. DimOnd, an attorney-at- IN
| San Francisco, was employed by Hyde
and Benson to aid them in their fraudu-
lent business, in the course of which he
visited Washington
Makes "A General Denial.
Attorney WOTthington made a general
denial of the statement of the charges
OF the government, and said that instead
of being IN league, it would be shown
that Hyde and Benson were rivals in the
acquisition Of lands.
They were engaged in. the same line
OF business said Mr. Worthington, "and
they had offices in the same city. but the
evidence will show that they were ar
rayed in court against each other in con-
tests for title 10 public lands.
Even If Schneider was engaged in IL
| legally securing State lands" said Mr.
| Worthington. Mr. Hyde knew nothing
about it. In 1889, Schneider left the en-
ploy of Mr., Hyde, so that the statute of
/ limitations, If nothing else. would re-
| lease Mr. Hyde from the charge of con
/ spiracy with Mr.. Schneider, because the
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