The San Francisco call., 1909-06-11
Senatorial Inquiry Believed to
Be Inspired Attack on
Burns and Heney
Assistant U. S. Attorney Black
Says Perjury Was Not Rea=
son for New Trial
Attorney Generals Deputy Will
Report on Investigation
Made on Coast

Neither the United States district at
torney-s Office nor William J. Burns is
disturbed over the senatorial inquiry
into the trial and conviction Of DR.. F.
B. Perrin in connection with the land
fraud cases. IN some quarters there is
a disposition 10 attribute the activity
in behalf Of Perrin 10 Patrick Calhoun
and others who have endeavored to
embarrass Eeney and Burns in the
graft prosecution. In other quarters
it IS believed that Perrin has been able
TO enlist the sympathy Of Senators
Borah and Tillman. who emerged some
what tarred from their association with
land operators.
IN dispatches sent out from Wash
ington it has been stated that the re
appointment of Robert T. Devlin as
United States district attorney has been
held up pending an investigation by the
judiciary committee Of the senate.
Charges Filed by Perrin
The charges which Perrin has filed
ere to the effect that his Indictment
was forced by William J. Burns and
that his conviction was obtained
through perjured testimony given by
Charles p Smell. Devlin has gone 10
Washington TO appear before the sen
ate committee.
Included in Perrin's statements is
the charge that President Roosevelt
desired his Indictment in the expecta-
tion Of duplicating the late Senator
Morgan. A report on the whole mat
ter has been made TO the attorney
general by William P. Harr. one of his
deputies. who came TO the coast for
the purpose OF looking into the matter.
It appears that the prosecution of
Perrin was conducted by Assistant
United States Attorney A. P. Black.
Perrin has been granted new trial
by the United States circuit court and
is now out on bail He was tried joint
Iy with John A Benson. IN the case of
Benson the appeal was denied
Black Does Not Worry
Black referred yesterday to the
record in the case to uphold his posi-
tion.
II am not worrying about the Per
rim case" said Black Il did what
rega rded as my duty and what I still
hold TO have been my duty. The
case was referred 10 me by Mr.. Devlin
] believed that Perrin had committed
an act that warranted an Indictment.
] placed the matter before the grand
jury He was indicted. L then pro-
ceeded 10 prosecute as I would any
other caes.
Evidently the jury thought the
prosecution warranted, as it brought
in a verdict Of guilty. The new trial
was ordered by the circuit court Of
appeals. not. as has been stated, be-
cause II believed there had, been per-
jury, but because it held that Judge
de Haven had erred in not admitting
into the evidence certain contracts.
The court was divided TO /. with
Judge de Havens opinion making it
2 TO ,
Burns Little Concerned
Mr.. Burns had very little to do with
the case. ] don't believe we had more
than IS minutes conversation over the
matter He came into the Office one
day and said that he had heard that
Benson and Perrin had been gathering
A good deal Of land by fraud. He
stated that man named Smell could
tell us about it one day Smell came
into the office. He was either intro
from him. heard SHELLS story and
had him commit It TO writing. I spent
about six months working out the de-
tails in order TO familiarize myself
with the case.
Il am satisfied that this Office did its
duty The contract between Benson
and Perrin is in itself illegal By its
terms Perrin undertook to provide ap-
rlicants for land which he intended
10 get for himself Under the law this
I'm itself is a fraud upon the govern
ment. for an applicant must make
sworn affidavit that he wants the land
for his own use. Each such applicant
is limited TO go acres. while Perrin
set out 10 get tract of $4,000 acres.
Wrong Addresses Given
IN court we produced the applica-
ton blanks signed by persons who
were not TO be found at the addresses
given. II was testified that some of
the addresses were vacant lots. In
one instance an application had been
fled under the name of Samuel D.
Brewer, the address being given as 7Os
Capp street That was the address of
Osesr sues. a special examiner of the
pension bureau, and he testified in
court that no such person as Brewer
had lived there
Perrin testified during the trial that