Los Angeles herald., 1910-02-12
.HENEY SEVERELY
FLAYS HERMANN
TRIAL OF FORMER FEDERAL
OFFICIAL ENDED
CASE WILL GO TO JURY IN PORT
LAND TODAY
Prosecutor Vigorously Attacks Prn-
cipaI Contentious of Defense.
Declares Lack of Remunera=
ton Doesn't Lessen Guilt
ASSOCIATED Pressl


almost half a thousand spectators who
had jammed into the federal court
room, Francis j. Heney brought to a
close today the trial of the case
against former Congressman Blngel
Hermann, charged with conspiring &c
defraud the government of part of the
public domain.
All that remains is the charge to
the Jury, which Judge Charles VOL
verton will make tomorrow
Mr.. Heney's rebuttal argument fol
lowed the conclusion of the analysis
of the testimony and the final plea
for acquittal began yesterday by Col
onel Worthington.
Heney's manner today was full OF
yigor. He attacked with merciless Sc
verify the principal contentious of the
defense Taking up the testimony OF
Henry Meldrum, former surveyor OF
Oregon, which the defense yesterday
assailed. the prosecutor contended that
the defense had placed wrong CON
struction on some of Meldrum's Wash
ington testimony and had placed too
much importance which they had
brought to combat it,
He read a letter from Mrs. Silver
stein, Meldrum's stenographer, VINO
swore during this trial that she had
never talked to Meldrum nor written
to Hermann about purchasing school
lands. In the letter Mrs. Stlversteln
reversed herself and admitted DONG
both these acts.
The aged witness Baumhoer, VINO
was employed in Meldrum's office and
who testified that he recollected noun
ing of the alleged conspiracy meetllS
in Meldrums office in 1901, Heney de-
clared, had simply forgotten the al
legged meeting as he had other details
of his office.
Proved by Hermann
This. Heney asserted, was proved by
the testimony of Hermann himself,
who testified that he had met many
people that day in Meldrum's ofhce'
while Baumhoer had sworn he did not
Every indication, Heney declared
showed Medium was not perJuring
himself when he said that Hermann IL
and Franklin Pierce Mays formed
their conspiracy in his ONCE on thal
day in September. 1901.
The testimony of the witness Soren-
son. which the defense attacked,
Heney claimed was fully borne out by
that of other witnesses. The advocate
ridiculed the claim of lack of knoWl-
edge professed by Hermann While on
the witness stand. that frauds were
being perpetrated in oregon and Cali
fornia school lands. Heney read from
the evidence letters, testimony, news
paper editorials and public documents,
all of which he claimed Hermann nau
seen before the withdrawal of the Blue
Mountain reserve was recommended,
and therefore knew of irregularities IN
this connection.
He declared that Hermann was IN
sincere in his stated policy OF OPPOSE
tion to the creation of reserves, anu
that, on the contrary, he was aVerse 10
their creation except When one was
created in which his friends dld not
have large holdings. Heney declared
that Hermann in his talks with f. T.
NTavs and w. N. Jones must have
known why they wanted this reserve
created, and that Hermann must nave
realized that Mays and Jones placed no
other construction on his talks to them
than did he intend to aid and abet
them in their operations.
The fact that Hermann was not 10
receive intrinsic remuneration makes
his guilt none the less, declared Heney.
Col. Worthington, counsel Tor Her
mann. asserted that the conspiracy
charge had not been proven except py
the uncorroborated evidence of George
an accomplice.
Aid to Defense
The absence of second set of re-
ports from, the geological survey was
utilized bv the defense. In 1902, when
Hermann recommended the temporary
withdrawal of the Blue Mountain re-
serve, the commissioner also requested
that Secretary Hitchcock have sec
0nd examination of the district made
Inv the geological survey. Acting Sec
retary Ryah wrote Hermann that the
work was being done, but no report
was ever made, or If 1t was submitted
the government has failed to produce
the document for the benefit of the de-
fense.
Wortbington discredited evidence OBJ
tained by the prosecution from en-
ployes of the government as being IN
fluenced through fear Of losing their
positions. He cited two instances Where
clerical witnesses for the government
had been instructed to refuse TO give
information.
Counsel ridiculed the testimony OF
Emmet Callahan of Baker City, who
claimed to have talked with Hermann
about the attempt to defraud the gov,
ernment in manipulating the school
lands Of this state, and pointed out lhdt
Hermann had sent Callahan to Presl-
dent Roosevelt and Secretary Hitch
cock, to whom Callahan gave all the
Worthington declared that w. 70.
Volk, a former government clerk VINO
has twice testified in the trials OF Her
mann was induced to do so first be-
cause of his fear that he might lose his
position, and dared not refuse at the
second trial because he feared prose-
cution for perjury.
He said that Volk had been retained
in the government employ until after
the first Hermann trial was over, al
though grave charges rested against
him. Prosecutor Heney then opened
Judge Wolverton announced that
court would convene Saturday morn
ing, the jury having requested that the
courts instructions be given them at
that time. The instructions will require
an hour and half to read.