The San Francisco call., 1910-02-11
PRAISE HERMANN
AND fLAY WITNESS
Attorneys for Defense Attack
Testimony Upon Which
Case Hinges
Will Be in Hands of Jury Not
Later Than Satur=
day Noon

PORTLAND, Ore, Feb. 10.-Again to-
day the federal courtroom, where
former Congressman Binger Hermann
is undergoing trial on charge of con-
spiracy to defraud the government in
public land matters, was crowded with
spectators, drawn by the battle of keen
intellects.
They were amply rewarded, for Ore
gon's gifted speaker former Senator
John M. Gearin, in display of brilliant
oratory, painted in high colors the
character of the defendant and scared
into the minds of the Jurymen their
enormous responsibility.
Calmly and in strange contrast to
the eloquence of his associates Colonel
B. S Worthington took each bit of evi-
dence, dissected it and, subiecting it to
the keenest scrutiny, explained to the
jury why, in his opinion, it could
do naught but acquit.
Colonel Worthington had not finished
when court adjourned for the day, and
he will take up the thread of his argu-
ment tomorrow, ending by the noon
recess.
The rest of the day will be occupied
by F. ]. Heney, in the closing argument.
The case will be submitted to the jury
not later than Saturday noon.
dedTIn ucCldI cu LHdl Itle due N1O
tain reserve was an old proposition
when, in 1901, the government alleges
that the conspiracy was formed.
MELDRUM'S TESTIMONY CRUCIAL
AS Prosecutor Heney did yesterday,
Senator Gearin today declared that the
whole fabric of the case stands or falls
according to the truth or falsity of the
evidence of Henry Meldrum, ex-sur
veyor general of Oregon. Meldrum
formed between Hermann and Mays In
his office in September, 1901. The
speaker went on at great length to
demonstrate his belief that Meldrum,
Influenced by a hope that the govern
ment would treat him more leniently,
or fearing it would prosecute two re-
naming indictments against him and
send him to prison, had fabricated the
conspiracy story he related in his evil
dence.
The testimony of Walk the clerk in
the general land office. who testified to
giving Hermann the so called Citizen
letter in 1900, which described the
fraudulent methods of western land
specuIators, Gearin pronounced abso-
lutely unreliable because of Walks
consistent dishonesty in other matters
Walk confessed that he had received "a
stated sum per acre for all of John a
Bensons claims he expedited to
patent.
Colonel Worthington followed Sen
ator Gearin and began the final plea in
behalf of Hermann.
Taking up the subject of Meldrums S
testimony upon the truth of which
counsel for and against Hermann agree
rests the whole fabric of the alleged
conspiracy, Colonel Worthington de-
clared there was every reason to dis
credit It.
FEARED PERJURY CHARGE
Meldrum, Colonel Worthington said.
was bound to adhere to the testimony
he gave at Washington in the Hermann
trial there. Already under two other
indictments in connection with miscon-
duct in office, besides the one on which
he was convicted and had served
prison sentence. Meldrum realized that
if he swore differently in the present
case than he did In Washington, he
faced the additional and imminent dan
ger of being indicted, tried and again
imprisoned for the additional crime of
perjury What greater reason" ex-
claimed Colonel Worthington, could
this man. who had already served
term in prison, possibly have for testi-
flying he did?"
Besides the general suspicion Mel
drums testimony was under, Colonel
worthington said he did not consider it
1dO DceH COilObOtdeVu Wy IiAC VIVA eSi"A
evidence the prosecution introduced to
support it.
The speaker said that one act alone
OF Hermann's should compel acquittal.
This was developed, he said, by the
government witness McVain, who tes-
tilted that he (McVain) recommended
only the exclusion of The Dalles wagon
road company's holdings from the Blue
mountain reserve. but that the commits
sioner insisted that the private hold
ings of all persons should be taken out.
do you think any man would cut out
the property of his fellow conspirators
and thus defeat the very object of that
conspiracy