Los Angeles herald., 1910-01-29
SHOWS HERMANN
KNEW OF FRAUD
DOCUMENTARY EVIDENCE IN
TRODUCED AT TRIAL
GOVERNMENT SCORES POINT
AGAINST DEFENDANT
Letter of Protest to Be Submitted to
Hitchcock Unsigned So as to Be
Kept from seoretary-Prose-
cution Rests
Associated Pressl

Associated Pressl
PORTLAND, Ore, Jan. 2S.-The
prosecution today rested its case in
the trial of former Congressman
Binger Hermann, charged with con-
spiracy to defraud the government,
and without loss of time the defense
began the introduction of testimony
Not sufficient progress had been
made when court adjourned to dis
close the line it will follow, further
than that one of the points will be an
attempt to prove that Hermann as
commissioner opposed the creation or
extension Of forest reserves unless the
lieu land act should be repealed or
materially modified
BY getting before the jury three let
ters signed Commissioner, and relat-
ing to the protests against the crea-
tion of the Blue mountain forest re-
serve, the prosecution scored today
against Hermann. 1t was the custom
that when letters were not signed they
were returned to the files instead of
being forwarded to the individual ad-
dressed. These three letters concerned
protests against the reserve, one lay
ing the protests before the secretary
of the interior. Inasmuch as Hermann
did not sign the communications, they
were filed instead of being dispatched.
II Is Illb COulSullOu VI Il IsillClS D.
Heney that Hermann avoided signing
the letters purposely, as they would
be returned to the files and the pro-
tests would not go to Secretary Hitch
cock, who would, perhaps, block the
creation of the reserve.
w. Scott Smith, private secretary of
Secretary of the Interior Hitchcock,
testified that early in 1901 the secre-
tary sent for Commissioner Hermann
and called his attention to serious
leaks in his department. Hitchcock,
the witness testified, told Hermann
that such procedure must be stopped
or the secretary would himself take
| measures to stop it.
Smith was the last witness to be
called by the government, and after
the testimony of Assistant Chief Nc
Gee of the forestry department given
in the trial of Congressman Hermann
in washington, D. c., had been read
Prosecutor Heney announced he had
no further evidence to offer at this
time.
McGees testimony at Washington
was to the effect that in November,
1902, Special Agent Holzinger, who
had been sent to investigate charges
and by various citizens of oregon, re-
ported the creation of the Blue Noun
tain forest reserve involved a series
of gigantic frauds. MCGEE testified he
had taken this report to Hermann and
that Hermann had told MCGEE the
commissioner of the general land Of
flee was the person to pass on the re-
port For the defense, Col. Worthing
ton opened by introducing a mass of
documentary evidence consisting Of Of
fetal reports made by Hermann and
correspondence signed by him as COM
missioner. These documents showed
Hermann had on repeated occasions
spoken Of the frauds in the exchange
of school lands included within the
reserves for government lands located
outside the reserves. Also that Her
mann had in several instances opposed
the creation of the new forest reserves
or the extension of the boundaries of
those already established, and that
Hermann indicated he would continue
his opposition until the lieu land law
had been repealed or amended so as
to provide the land within reserve
could be exchanged only for land Of
like character outside Of the reserve.
The defense was still engaged in the
submission of documentary evidence
when Judge Wolverton adjourned
court until Monday.