The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-06-22
Senate Secured Access to Re.
port Sealed by Former At.
torney General
SPECIAL EXAMINER FAVORED
ENTERING A NOlLE PROsEOu|
Nothing Upon Which Charge AGAINST
Him Could be Sustained Except the
Statement Of q Secret Service Man
More Light Demanded.

adopted by the senate committee on
judiciary today is commanded to send
to the senate all of the facts in the
possession Of the department of JUS
tice relating to the prosecution of DR..
e. B. Perrin Of Williams. Ariz.. on the
charge of conspiracy to defraud the
government in California timber land
cases.
This data was sealed by Former At
torney General Bonaparte and the
packages which were left in the files
of the department of justice, were
marked Confidential"
Several days ago members Of the
subcommittee considering the re-
appointment of Robert T. Devlin for
United States attorney for the nor
thern district of California obtained
some information concerning these
packages and requested Mr.. Wicker
sham to send them to the senate. He
declined to do so because! Of the en-
dorsement on the packages, which he
said had been placed there by. hls
predecessor and which he desired to
respect. The order to send the data
to the senate committee was made 80
as to relieve the attorney generol of
responsibility in the matter.
Confirmation of the re-appointment
OF Mr.. Devlin who was nominated on
March ~ last, has been ~eppoAsd be-
cause OF criticism ofahfs. COURSE ;.etn
conducting the Perrin case. Tie SUBJ
committee which is investigating the
Devlin nomination is composed of
Senators Piles, G. Borah and over
man. It was brought out during one
of their sessions that a report had
been made to the department of tus-
tice by w. R. Harr, formerly q spe-
cial attorney in land fraud cases and
now an assistant to the attorney gen.
eral bearing directly upon the cases
In which Perrin was involved.
Perrin was convicted of the charges
brought against him, but upon an ap-
peal the case was reversed and re-
manded for re-trial. The fact was
brought out that the conviction had
been obtained by reason of perjured
Testimony given by q witness named
Smell, who had been in Perrin's en-
ploy.
Questionable Methods. :;
The chief criticisms Of District At
torney Devlin is that he has declined
to nolle PROSE- the case against Per-
rim. although the Harr report declares
that such action should be taken.
Mr.. Devlin has been condemned also
for his failure to secure the convic-
tion Of Smell on carge Of perjury.
Some Of the members of the judici-
ary committee went to the department
of justice and in their presence At
torney General Wickersham opened
the sealed packages and permitted the
senators to examine the report made
by Mr.. Harr. They were not shown
OF the correspondence which passed
between the department of justice
and Mr.. Devlin. :.
1t was brought out at the session
of the subcommittee today that the
Harr report declares that the convic-
tton Of Perrin was procured by meth
ods which could not be approved by
the department of justice. Mr.. Harr
gave the details Of the indictment Of
Perrin which he attributed to q state
ment made by w. j. Burns, a United
States secret service operative whose
services were loaned to Francis j.
Heney in gathering evidence in tim
ber fraud cases. This statement
which was made to the grand jury
was to the effect that he (Burns), had
just come from Oyster Bay and he
knew that President Roosevelt de-
sired to have Perrin indicted.
At a session lasting more than
three hours today the subcommittee
discussed the Harr report. Senator
Borah criticized the action of Former
Attorney General Bonaparte, In seal
ing the information and declared to
his colleagues that it was evident that
Mr.. Bonaparte did not want to pro-
ceed on the line recommended by Mr..
Harr, which called for the dismissal
Of proceedings against Perrin and the
of Smell on charge of
perjury. Mr.. Borah insisted that the,
reason for Mr.. Bonaparte's failure to
act should be given to the committee
and that the subject was one which
should receive the attention OF the
full committee on judiciary.
When response has been received
from Attorney General Wickersham
to the order made today a session of
the full committee will be held and It
Ia nOssiblo that the committee NAV