The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-06-22
DEMANDS FACTS
ABOUT TIMBER
FRAUDS
SENATE ASKS THAT ALL lNFOR'
NATION BE FORWA ROED.
Attorney General viii Obey Order and
Pcrjurcd Testimony VIII BE
Investigated.

Washington. June 21.-Attoiney
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. r. B. Perrin of Williams, Ariz., on
the charge of conspiracy 10 defraud
tne government in California timber
land cases.
This data was sealed by Attorney
General Bonaparte and the packages,
when were 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 IT. 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 tine en-
dorsement on the packages, which.
ne 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 SO
as to relieve the attorney general of
responsibility in the matter.
Confirmation of the re-appointment
of Mr.. Deylin, who was nominated on
March %, last, has been opposed be-
cause Of criticism of his course in con-
Quoting the Perrin case The sub
committee Investigating the Devlin
nomination Is composed of Senators
Piles. Borah and Oyerman. It was
brought out during one OF their ses
sions that a report bad been made 10
the department of justice by e. w.
Harr, formerly a special attorney in
land fraud cases and now an assistant
to the attorney general. bearing d.
rectly on the cases in which Perrin
was involved. Perrin was convicted
but on an appeal the case was re-
yersed and remanded for re-trial. 1t
was said that the conviction had been
obtained by reason OF perjured testi.
mony given by witness named c.
/ p Smell, who had been. in Perrin s
employ.
The chief criticism of District At
torney Devlln is that he has declined
10 nolle prosse the case, although the
Harr report declares such action
should be taken, Neither DeYlin has
! been condemned also for his failure
to secure the conviction of Smell on
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 Harr.
They were not shown any OF the cor
| respondence which passed between
the department of justice and Mr..
| Devlln.
1t was brought out before the sub
committee today that the Harr report
| declares Perrins' conviction was pro-
| cured by methods which could not be
! approved by the department OF JUS
/ tice. Mr. Harr gave the details of
the indictment OF Perrin, which ne at
tributes to a statement made by w. j.,
/ Burns. a United States secret service
! operative whose services were loaned
to Francis j. Heney in gathering evi~
dence in timber fraud cases.
This statement. which was made to
the grand jury, that he (Burns) had
come from Oyster Bay and he knew
have Perrin indicted The sub-com
mittee discussed the Harr report.
Senator Borah criticised the action
and declared to his colleagues that it
was evident Mr.. Bonaparte did not
want TO proceed on the line recon-
mended by Mr.. Harr, which called for
dismissal Of proceedings against Per-
rim and the prosecution of Smell on a
charge of perjury. Mr.. Borah insisted
| that the reason for Mr.. Bonaparte's
failure to act should be Giyen.
When a response has been received
from Attorney General Wickersham to
the order made today a session CT the
| full committee viii be held and it Is
possible that the committee may in
Quire into methods resorted to by the
department of justice under the Roose-
welt administration in gathering evi-
| dence in land fraud cases.