Los Angeles herald., 1909-06-22
tBy Associated Press.l

WASHINGTON, June 21-Attorney
General Wickersham, by an order
adopted by the senate committee on
judiciary today, is commanded to send
to the senate all the facts in his pos
session relating to the prosecution of
DR.. e. B. Perrin Of Williams Arlz., on
the charge of conspiracy to defraud
the government in California timber
land cases.
This data was sealed by Attorney
General Bonaparte, and the packages
which We're left in the files of the de-
partment of justice. were marked
confidential"
Several days ago members of the
subcommittee considering the reap
pointment of Robert T. Devlin for
United States attorney for the north
ern district of California obtained
some information regarding these
packages and required Mr.. Wicker
sham to send them to the senate. He
declined to do so because of the in
dorsement on the packages, which, he
said, had been placed there by his
predecessor and which he desired to
respect
The order to send the data to the
senate committee was made in order
to relieve the attorney general of re-
sponsibility in the matter.
oppose heaPpoIntmeht
Confirmation of the reappointment
of Mr. Devlin, who was nominated on
March % last, has been opposed be-
cause of criticism of his course in con-
ducting the Perrin case.
The subcommittee investigating the
Devlin nomination is composed of
Senators Piles, Borah and Overman.
1t was brought out during one of
their sessions that report bearing on
the land fraud cases in which Perrin
was involved had been made by w.
r. Harr. formerly a special attorney in
land fraud cases and now assistant to
the attorney general.
Perrin was convicted, but on an APP
peal the case was reversed and re-
manded for retrial.
1t was said that the conviction had
been obtained by reason of perjured
testimony given by witness named
c. p. Smell, who had been in Perrin's
Chief Criticism
The chief criticism of District Attor-
ney Devlin is that he has declined to
nolle PROSE- the case. although the
Harr report declares such action should
be taken.
Mr.. Devlin has been condemned also
for his failure to secure the conviction
of Smell on a charge of perjury.
Some of the judiciary committee
members went to the department of
justice, and in their presence Attorney
General Wickersham opened the sealed
packages and permitted the senators to
examine the report made by Mr.. Harr.
/ They were not shown any of the corre-
spondence which passed between the
department of justice and Mr.. DeVlin.
1t was brought before the sub-com-
nittee today that the Harr report de-
clares Perrin's conviction was procured
by methods that could not be approved
by the department of justice.
Mr.. Harr gave the details of the in
dictment Of Perrin, which he attributed
to a statement made by w. J. Burns, a
United States secret service operative,
whose services were loaned to Francis
]. Heney in gathering evidence in tim
ber fraud cases.
Desire of Roosevelt?
This statement, which was made to
the grand Jury, was that Burns had
come from oyster Bay and that he
knew that President Roosevelt desired
to have Perrin indicted.
The subcommittee discussed the
Harr report. Senator Borah declared
to his colleagues that it was evident
that Mr.. Bonaparte did not want 10
proceed on the line recommended by
Mr.. Harr which called for dismissal OF
proceedings against Perrin and the
prosecution of Smell on a charge of per-
jury.
MIR Borah insisted that the reason
for Mr.. Bonapartes failure to act
should be given out.
When a response has been received
/ from Attorney General Wickersham TO
the order made today session of the
full committee will be held and it is
possible that the committee may in
ouire into methods resorted to by the
department of justice under the Roose-
veit administration in gathering evil
dence in land fraud cases.