Arizona republican., 1910-01-10
ARRAY OF LEGAL TALENT.
History of Case in Which Former Commissioner of General Land Office was Charged With Conspiracy to Defraud Government.

Portland. Jan. 9.-Binger H Herr mann, who for sixteen years represent ed Oregon in the national house of representatives and for several years was commissioner of the general land office will face a charge of conspiracy to defraud the government of part of the public domain in federal court to- morrow. The indictment under which he will be tried was returned in Feb ruary 1905. The conspiracy. it is all legged. was the most stupendous in con- ception of all the oregon land frauds.
 Hermann was jointly indicted with the late Senator Mitchell: former state senator an ex-deputy district attorney. Franklin Pierce Mays: former state representative. Willard Jones: George Sorenson. a professional politician. and H. A. Smith. d eceased Of these. Mays. Jones apd Sorenson were con- victed as charged in September 1906. Congressman Williamson was con victed under another indictment
 Herrman's trial under this indict- ment has been postponed year after year. sometimes at his own request. and sometimes by the inability of Frances J. Heney to conduct the trial
 At the trial of Mays. Jones and Sorenson who were convicted under this indictment witnesses testified that they conspired to have set apart as forest reserve. 100000 acres of land in Oregon and other states. In this state the reserve was to be known as the Blue Mountain Reserve" comprising 15O.OoO acres. The land. according to the witnesses was timbered mostly sagebrush and bunch grass
 The testimony showed that Mays. Jones and Sorenson sought rb benefit by securing 44.000 acres of school lands embraced within the reserve. which they proposed to use as base of exchange for valuable timber land To- cated in other parts of the state The evidence introduced was apparently in tended to show that the trio secured. though flatly in violation of the law. both advance information as to the identity of the government agent who was to pass on the merits of the pro- posed reserve and advance information of the date on which the temporary withdrawal was to be made. and that information on the latter point was given by MT. Hermann. then com missioner of the land office
 Captain Salmon Ormsby, govern men& agent was designated to view the proposed reserve. Ormsby confessed at the trial of Mays. Jones and Soren- son that he reported in favor of the withdrawal and that the consideration to he given him was two sections of school land. Ormsby had a son. Merritt Ormsby. who. according to the testi- mony, talked too much and in a burst of confidence told Daniel Tarpley. one of the men convicted of the notorious IT." land fraud that his father was working on a big reserve scheme in eastern Oregon. Tarpley and Horace Mckinley. another of those convicted in the '11-7' cases. taking advantage of the information, procured dummy entrymen and Tarpley testified that he forestalled Mays and his party to the extent of purchasing through dunn mics 17.500 of the 44,000 acres of school lands to be included in the re- serve. This caused a row
 The reserve was finally established but before this. the act of congress, providing for the exchange of state school lands included in government reserves. for government lands located outside the reserves was repealed. and the fraudulently acquired base" was useless.
 An imposing array Of counsel will defend Hermann against the charge of connection with the con- spiracy and it is predicted that the trial will be long and bitterly fought. Facing each other will be on behalf of the government F. J. Heney special prosecutor, as senior counsel the man who secured the conviction in the previous land fraud cases in Ore son. John McCourt. United States district attorney for oregon. and Tracy Becker. assistant attorney general of the United States.
 Mir. Hermann will be represented by Colonel Warrington of Washington. who secured his clients acquittal of the charge of destroying forty letter copy books. alleged to have been the property of the land office at Wash ington. and former United States Sen ator Gearin of Portland. one of the most astute lawyers in Oregon