The Birmingham age-herald., 1909-06-22
FACTS CALLED FUR
 IN TIMBER CASES
Perrin Case In Arizona Is to Be
 Cleared Up
PAPERS WERE SEALED UP
Senate Committee Makes an Order Commanding Attorney General Wickersham to Send Papers
 in for Examination.

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 of the facts 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 Attorney 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 sub committee considering the reappointment of Robert T. Devlin for United States attorney for the Northern district of Cali fornia requested MT. Wickersham to send these packages to the Senate. He de- clined because of the indorsement placed on them by his predecessor. which he desired to respect The order to send the data was made to relieve the Attor- ney General of this.
 Confirmation of the reappointment of MT. Devlin has been opposed because of criticism of his course in the Perrin case.
 Perrin was convicted of the charges brought against him, but upon an appeal the case was reversed and remanded for retrial. The fact was brought out that the conviction had been obtained by req son of perjured testimony given by a witness named Shell, who had been in Perrin's employ.
 The chief criticism of Devlln is that he has declined to nolle prosse the case against Perrin. Devlin has been con- demned also for failure to secure the conviction of Shell on a charge of per jury.
 Some of t\ members of the judiciary committee " It 10 the department of jus tice, where tse Attorney General showed them the packages and permitted them to examine a report made by ". P. Harr, formerly a special attorney in land fraud cases, which stated that the Perrin case should be nolle pressed.
 The Harr report declares that the con viction of Perrin was procured by meth- eds which could not be approved by the department of justice. MT. Harr gave the details of the indictment of Perrin, which he attributed to a statement made by W. J. Burns, United States secret service operative, whose services were loaned to Francis J. Heney in gathering evidence in the timber fraud cases. This
 
 jury, was to the effect that Burns had just come from Oyster Bay and he knew that President Roosevelt desired to have Perrin indicted
 At a session lasting more than three hours today the subcommittee discussed the Harr report. Senator Borah criticised the action of former Attorney General Bonaparte in sealing the information, and ; declared that 1t was evident that MT. , Bonaparte did not want to proceed on 1 the line recommended by Mir. Harr, which called for the dismissal of proceedings against Perrin and the prosecution of Shell on charge of perjury. MT. Borah insisted that the reason for MT. Bona parte's failure to act should be given to the committee.
 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 Is pos sible that the committee may inquire into the methods resorted to by the de- partment of justice under the Roosevelt administration in gathering evidence in land fraud cases.