Evening star., 1909-04-22
BRIBERY ChARGE MAY FAIL
DEFENSE SCORES VICTORY IN
BENSON TRIAL.
Money Paid Walk Not Admitted in
Evldence-No Proof of It's
Purpose.

The defense scored heavily today in the
trial of John A. Benson in Criminal Court
No D. Justice Gould presiding, when the
court refused to admit in evidence the
money which the government claims had
been paid by Benson to William E. Walk.
one Of the clerks of the general land
Office, to induce him to reveal the contents
|of secret report OF government agents
regarding the land transactions of Ben
son.
This refusal will have the effect, 1t is
said, Of precluding a conviction upon one
count Of the Indictment which charges
the bribery Of one Of two clerks said to
have been bought UP by the defendant.
No Proof Of Purpose.
The court rejected the proffered evi-
dence because the testimony of Walk
failed to show that the money had been
paid for the purpose of securing infor-
nation Of the report as alleged In the
William E. Walk when called to the
stand this morning testified that he had
been. employed in the general land office
for many years prior to 1908. He met
Benson, he said, at the Atlantic building
in the fall OF 1897. where they entered
into the agreement testified to by the
witness Harlan yesterday.
| After acting under this agreement for
considerable time, he became dissatis-
| fed, because Harlan, to whom. ne de-
clared, Benson had been paying the
money under it. and had dealt fairly with
the witness. Thereafter his dealings were
directly with Mr.. Benson.
Witness stated that he had received a
total Of $1,000 from the defendant for ex-
pediting the work in the office In which
Benson was interested. In December
| 1903 the witness received a message from
the defendant making an appointment at
/ the Willard Hotel after he had informed
the secret service agents of his transac-
tions with Benson.
| Did as Directed.
| Walk stated that he made inquiry OF
Detective Burns as to the advisability OF
keeping the appointment. and whether he
| should take from the defendant any
money that might be offered. He was ad-
vised to keep the appointment. and by
all means to accept whatever money was
| rendered.
| He told the detective, he said. that he
/ did not want to act In such manner be-
cause it would be "a dirty, mean trick.
! He was given to understand, he said. that
he should comply with the directions OF
! the detective.
He kept the appointment. witness de-
/ clared, and was asked by Benson regard
| witness retire to an adjoining room,
| where, witness said. he found 500 In cur
rency, which he appropriated.
/ On cross-examination Walk admitted
| tnaI benson never requested MIN ~ Sc
cure the contents Of the special agent S
report Witness admitted he never prom
| ised to endeavor to find out anything
about the report. nor was the money paid
to him in connection Herewith. He de-
clared he did not know for what purpose
the money was in fact paid.
Court Sustains Defense.
United States Attorney Baker then Of
fered the money in evidence. Attorneys
Campbell and Birney objected and the
| court sustained the objection.
The government will conclude its tes-
| timony early Monday morning, at which
| time. it Is expected, the court will be
| asked by counsel for the defense to in
struct the jury to acquit Benson. on the
Plea that the government has failed to
prove its case.
| Should Justice Gould deny this motion
the defense will begin the introduction
| Of testimony.