Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-01
Hearing Begun Today After
Delay of Four Years.
ACTION BY JUDGE STAFFORD
Rules Pleas in Abatement to Be
insufficient.
WITNESSES FROM FAR WEST
Hyde, Benson, Dimond and Schnei-
der, the Defendants, Accused Of
Conspiracy to Defraud.

The trial of the land fraud case against
Frederick A. Hyde. John A. Benson.
Henry P. Dimond and Jobst H. Schneider.
involving an alleged conspiracy to defraud
the United States out OF valuable lands
in several western states. was begun to-
day before Justice Stafford, in Criminal
Court No. /. Upward OF two hundred witt
nesses from fourteen states in the west
where the alleged fraudulent requirement
of lands was effected, are here for the
trial.
The case has been on the dockets Of the
courts here and in California for the past
four years, the trial having Teen post.
poned from time to time. One OF the de-
lays was caused because of lack of funds
to pay witness fees and other expenses.
An appropriation of 10000 was made by
Congress at its present session to cover
the cost Of the trial. 1t Is believed that
the trial will continue for at least three
months.
Hatched In This City.
The indictments against the four men
charged a conspiracy Matched in this city
in 1901 to defraud the United States out OF
many thousands OF acres Of public lands
in the west. 1t is alleged that the de-
PENDANTS, operating through the names OF
fictitious persons, acquired school lands In
Oregon and California by false entries
and forged signatures, the entries later
being transferred with the help or inror-
nation from subsized clerks In the gen.
eral land office.
Benson, who is San Francisco millions
aire ne sisted extradition from California,
as did his co-defendants. who are alleged
to have done the actual work In the nelo,
and later carried the case to the United
States Supreme Court. where decision
unfavorable to them was handed down.
Special Agents Investigate.
Binger Hermann, commissioner Of the
general land ONCE at that time, and later
representative in Congress from Ore-
gon, sent Special Agents Holsinger and
Magee west. to investigate. The report
was submitted to Hermann, who. 1t Is
alleged, held it up. Finally it was called
to the attention of former Secretary OF
the Interior Hitchcock by Magee The sec
rotary detailed secret service officers and
attorneys OF the Department of Justice
on the case. Their findings led to the
indictment of the defendants
The governments side of the case 10
represented by United States Attorney
bdh6T, hTlHuT 1USi1 anu %
Heney. special assistants in the Depart
ment Of Justice, and by Assistant United
States Attorney Stuart Mcnamara The
four defendants are represented by Attor-
neys A. S. Worthington, r. Golden Dom
aldson and A. A. Birney of the local bar.
Attorney Joseph c. Campbell OF San Fran
cisco and Attorney w. ]. Van Devere Of
New York. -
Pleas in Abatement.
he ~R fbn ~f
this morning the defendants each dled
gality of the selection of the grand jury
which reported the indictment. They
claimed that the jury commission whose
duty 1t is to fill the box from which
the names of jurors are drawn, had dele
gated that duty to deputy United
States marshal United States Attorney
Baker demurred to the pleas. urging that
the rights of the defendants were not
prejudiced, even II the power had been
delegated. as claimed. The court sus-
tanned the demurrer and held tho pleas
insufficient.
Attorney r.. Golden Donaldson. coun-
sci for Schneider, asked leave to file q
special plea In abatement in behalf OF
his client, claiming that the latter had
been compelled to appear before the
grand jury and there denied the right
to refuse to testify except upon the
ground that it might tend to incrtminate
him. Justice Stafford denied the right to
file the additional plea
Waive Reading Of Indictment.
The defendants. Hyde, Dimohd and
Schneider, were then formally arraigned
in turn, and each waived the reading
of the indictment and pleaded not guilty.
After the court had disposed OF the
{o oho{o "a
bell and A. A. Birney. counsel for John
A. Benson, filed a plea in bar, based on
the ground that the decision of a New
York court, discharging Benson. was
final. This decision was handed down by
Judge Lacombe in New York, who held
that the indictment charged no crime.
Arguments at length on the plea were
heard from Benson's counsel and from
the government attorneys At Justice
Stafford's order the jurymen were ex-
cused until after the midday recess.
The argument had not been concluded
at 3 o'clock this afternoon. Justice Stat.
ford excused the jury until tomorrow
morning.