New-York tribune., 1909-06-22
COMMITTEE ASKS FACTS
IN L4ND FRAUD CASE.
May Look Into Mr. B0napdrte s
Methods of Obtaining E11dence.

Washington June attorney General Wicker
sham by an order adopted by the Senate Commit
tee on Judiciary to-day Is asked 10 send to the SEN
a. all the facts in the possession of the Department
Of Justice relating to the prosecution of Dr E H
Perrin. OF Williams. Ariz-. on the charge OF con-
spirscy 70 defraud the government in Callfornld
timber land cases This information was sealed by
former Attorney General Bonaparte. and the pack
ages which were left in the files Of the Department
of Justice were marked confidential"
Several DAYS ago members of the subcommittee
considering the reappointment of Robert T. Devlin
for United States Attorney for the Northern DIS
trict Of California obtained some information con
ceruing these packages. and requested Mr.. Wicker
sham IN send them to the Senate. He declined to
do so because of the Endorsement on the packages
which he said had been placed there by his Prede-
cessor. and which he desired to respect The oTder
to send the information to the Senate committee
made 10 relieve the Attorney Teneral oi
responsibility in the matter.
Confirmation Of the reappointment OF DeFiln'
who was nominated March %, has been opposed
on account Of criticism of his course in conducting
the Perrin case. The subcommittee which is IN
vestigatins the nomination is composed of Senators
Piles Borah and Overman. 1t was brought out at
one of their sessions that report had been made
to the Department of Justice by ". r Harr. for
merly special attorney in land fraud causes. ana
now an assistant to the Attorney General, bearing
directly on the cases in which Perrin was involved
Perrin was convicted on the charges brought
against him. but on appeal the case was reversed
and renlanded for retrial. The fact was brought
out that the conviction had been obtained by reason
of testimony given by witness named Smell. who
han been in Perrfn's employ, and who was later
accused OF perjury.
The chief criticism of Devlin is that he has de-
cned to nolie prosequi the case against Perrin, al
though the Harr report declares that such action
should be taken Mr.. Devlin has also been crit-
csed fo- failure to obtain the conviction Of Smell
on the charge Of perjury
Some Of the members of the judiciary Committee
went 10 the Department Of Justice, and in their
presence Attorney Genera! WiCkersham opened the
sealed packages and permitted the Senators 70 e1-
anime the report made by Mr. Harr. They did not
sec any Of the correspondence which passed between
the Department Of Justice and Mr.. Devlin.
II was brought out at the session Of the sub
committee to-day that the Harr report declares that
the conviction of Perrin procured by methods
which could not be approved h. the Department Of
Justice Mr.. Harr gave the details Of the indct-
ment Of Perrin. which he attributed 10 statement
made by W. ]. Burns United States Secret Ser
vice operative whose services were lent 10 Francis
J. Heney in gathering evidence in timber fraud
cases This statement, which made to the
grand jury was to the effect that Burns had just
come from Oyster Baay and knew that President
Roosevelt desired 10 have Perrin indicted.
At session lasting more than three hours to-day
the subcommittee discussed the report sena-
tor Borah criticised the action of exAtorney Gen
eraI Bonsparte in sealing the information, and de-
clared that It was evident that Mr.. Bonaparte did
not want TO proceed the line recommended by
Mr.. Harr which called for the dismissal Of pro
ceednEs against Perrin and the prosecution Of Smell
on 2 charge of perjury Mr.. Borah insisted that
the reason for Mr. BonapaTte's failure TO act should
be given TO the committee. and that the subject
should receive the attention Of the full Committee
on judiciary.
When a response has been received from Attor-
nev General WfCkersham to the order made today.
q session Of the full committee will be held. and Il
IS possible that the committee may inquire into
methods Of the Department OF Justice in The RoosA
welt administration in gathering evidence in land
fraud cases.
Baltimore. June 2l.-Charles J. Bnnapzrte. eK-
Attorney General Of the United States was in
formed - night that Attorney General Wickershsm
has been asked 10 send the Senate all the facts
in the possession OF the Department Of Justice re-
lating 10 the prosecution Of DR.. Perrin on the
charge OF conspiracy 10 defraud the government in
timber land cases Nj Bonaparts declined to make
any statement on the case. indicating that he con
sdered that II would not he proper for him to say
anything. under the circumstances.