Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-09
HAVE ColloQUy IN COURT
MISUNDERSTANDING BETWEEN
JUDGE AND COUNSEL
Discussion Enlivens Proceedings in
- the Land Frauds Trial-Testi-
mony Yesterday Afternoon.


In addition to the arguments by counsel
yesterday concerning the admissibiity of
certain letters said TO have been written
by the defendant. Dimond, in San Fran
cisco. to Adds B. Browne in this city. and
also certain anonymous letters. claimed
by the government to have been written
by Mr.. Dimond to himself to be used as
the basis for forcing Frederick A. Hyde to
pay him fee growing out of the success
full conclusion of the Aztec land deal. the
end OF the week proceedings in the Hyde
Benson-D Observation-Disclosures conspiracy trial
in Criminal Court No. 1 were enlivered by
"A colloquy between Attorney Campbell.
United States Attorney Baker and Justice
Stafford. AS it afterward appeared the
whole matter was the result of misun-
derstandng. but for a time Storm of no
mean proportions seemed inevitable.
The difficulty started during the eNami-
nation of Gustave Marcus. electrical
contractor of San Francisco. one of the
applicants alleged to have been procured
by Mr. Benson. The witness had ad-
mitted signing the papers in the case.
and had Identified his signature. when
Mr.. Baker exhibited the application blank
to Marcus and asked him what knowledge
he had of an erasure by which the area
$50 acres 20 $50 Immediately Mr.. Camp
bell was on his feet with an objection.
Let see where il was erased. he
said. Il object to that. if your honor
please. unless they show the erasure was
made before the signature was made.
Misunderstanding of Question.
He is asking him question about
what he knows about it. l understand =;
replied Justice Stafford. and to this MIR.
Baker assented. when Mr.. Campbell re-
joined with the remark:
II think counsel knows where the eras-
ureS were made and where the red ink
was put in. from the experience we have
all had with these papers"
Instantly there was a tense pause. JUS
tice Stafford seemed not certain that he
had heard the remark Alright. and he
caused 1t to be reread by the court ste
nographer.
II do not know what counsel means by
that statement Mr.. Baker said.
DO you want to withdraw that. Mr..
"1f the. court thinks it is out of the
way. undoubtedly. but I will show you
what l mean." the attorney replied.
II will not go into that matter at this
time" the court said. II should think you
would wish to withdraw it,
Certainly" Mr.. Campbell agreed. and
Justice Stafford had just ordered the
whole matter stricken from the record
when Mr.. Campbell said: Il did not
understand that there was any" but he
could not conclude the sentence. for JUS
tice Stafford interrupted to say:
I'VE will not go into a trial of coun-
sci here. We will try these defendants"
But If your honor will allow me to
explanation" Mr.. Campbell persisted.
but again he was cut Off Justice STAFF
ford making the declaration. we will
not go into the matter now" Mr.. Camp
hall inc; tod hot ha i,<n to 40
anything out of the ordinary. but there
the matter dropped and the examination
of Marcus was continued the witness
stating that he did not know anything
about the eraSure. He thought he had
applied for a whole section of $40 acres.
Matter Made Clear.
Subsequently it was shown that the
change in question was made in the Of
flee of the state surveyor general. and
that it was an explanation to- that effect
that Mr.. Campbell desired to make. The
matter was So explained to Justice STAFF
ford. and he righted, it in the eyes of
the jury by making a statement. as fol-
blows: 49,
81 think lit is due to- Mr. Campbellsto
explain. to the jury that the correction
he attempted-tO make as to the altera-
ton or deed was perfectly proper
one for him to make. He was simply
-
= Without that explanation it might
be inferred that there was some impro-
priety in what he attempted to do: but
there was none. from his standpoint His
intention was all right
Testimony Late Yesterday.
Just before the midday recess yesterday
and after the jury had been taken to
luncheon there was conference be-
tween the attorneys and Justice Stafford
and United States Attorney Baker an
nounced that he would agree to a stipula-
ton going to the jury that there will be no
claim by the government that the deal
between the Aztec Land Company and
Mr.. Benson and Mr.. Hyde through Mr.
Dimond was in any sense fraudulent nor
connected with the alleged conspiracy:
that the testimony was offered merely 10
show connection between Hyde and Ben
son i'm their business
When court reconvened for the after
| noon session the jury was excluded tenn
| porarily while the attorneys argued the
question OF the admissibility of certain
letters said to have been written by Mr.
Dimond in San Francisco to Adds r.
Browne. in Washington tMr Browne hav-
ing been Mr.. Hyde's attorney at one
time). besides several anonymous letters
said TO have been received by Mr. Dimond
copies of which were sent TO MIR. Browne
ana which. the government expects TO
argue. were written by Mr. Dimond 10
himself to be used as a basis for forcing
the payment OF certain fees due TO him
| from Hyde.
20