Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-12
Charged With Conspiracy to De-
fraud the Government of Part
Of the Public Domain.
FRANCIS HENEY PROSECUTOR
Defense Represented by Col. A. S.
Worthiugton Who Denied All the
Charges in the Indictment.

Portland, Or, Jan, 12-With all pre-
liminaries brushed aside the trial OF
Binger Hermann. former congressman,
charged in the federal court here with
conspiracy to defraud the government
OF part of the public domain, began In
earnest today.
The Hear. ye: hear, ye." of the bail
IN had scarcely died away when Fran
els J. Heney arose and began the de-
livery OF his opening address.
The famous prosecutor hewed close
to the line throughout his brief state
ment of the governments case He
spoke calmly, only now and then wax
ing eloquent or indulging In his famed
invective.
The defenscs position was outlined by
Col. A. S. Worthington of Washington
D. c.. who denied as a whole and serl-
atm the charges in the indictment He
went over the long public career OF
Hermann, spoke OF the esteem in which
he was held by those who had had
business dealings with him. OF his
scrupulors integrity in business affairs
and secuted the idea that he had cold
blcodedly and deliberately plotted With
others to defraud the government and
the people In whose interest he had
spent O life of labor.
HENEY'S STATEMENT.
Francis ]. Heney, in opening the pros
ecution of Binger Hermann today,
spoke in part as follows:
'Gentlemen of the jury: We expect
to prove that in 1901 it WAS known in
Oregon that timber spectators were
taking advantage OF the creation OF for
est reserves by securing. advance in
formation as to what land would be in
cluded In the reserves. and by there
upon procuring a large number OF per-
sons to make applications for the school
lands lying within the reserve and con-
vey the aforesaid school lands to the
speculators for small sums.
LAS carly as July, 1901. the time at
which SIR. Binger Hermann became
commissioner of the general la1d Of
flee at Washington, Oregon newspapers
published sensational articles explain
ing these frauds. In September of 1901
the commissioner of the general land
office called attention to these frauds In
his report on the general land office.
"In September, 1901, Binger. Hermann
was in Portland, Or, and there entered
into u conspiracy with Franklin Mays,
w. N. Jones and others to assist them
in the creation OF forest reserve In
southeastern Oregon Mays and Her
mann met in the office of Henry Mel
drum. United States surveyor general,
and discussed the proposition in the
presence OF Meldrum.
Thereafter Hermann returned 10
Washington and Mays and Jones, in
accordance with the suggestions mace
by Hermann procured petitions for the
creation OF the reserve.
In March, 1902, Hermann officially
directe6 Or,nchV SlIDerintendGnt or
forest reserves in oregon to investl-
gate and make report upon the matter
and send him the aforesaid petitions.
In the meantime Mays and Jones had
continued to secure school lanos Wltnln
the area of the proposed reserve. Mays
furnished Ormsby with map outlining
the boundaries OF the desired reserve
''Ormsby recommended the creation
of a reserve to include 1850 acres OF
school lands which had been secured by
NAYS and Jones. These lands were all
secured by employing men at from
80 cents to 81 a piece to sign apphca-
tlons for state school lands in blank.
Each applicant for state school lands
was authorized to purchase 800 acres
and he was only required to pay to the
state 25 cents per acre as the first pay
mcnt. Consequently Mays and Jones
were only required to pay the state
about $12. 600 10 secure control OF prac-
tically $4,000 acres of the best timber
lands In the United States II the OWL
ers OF the school lands wanted to sell
them for exchange purposes they were
worth at that time about 81 per aero
in the open market. Mays and Jones
stood to make a net profit OF at least
81 per acre. They had calculated on
securing all of the school lands witnt'i
the proposed reserve amounting 10
about 15o. 900 acres and of thus making
a net profit OF about S60O.0Oo.
Hermann aided and abetted IN every
way possible He was at that time
standing receptive candidate FOR me
position of United States senator from
Oregon end Nays was a state senator.
and Jones member of the assemoty IN, Lsso
Mays and Jones have already Seen n
convicted. Hermann would have oeen
tried at the same time with Mays and
Jones but for the fact that he had pr Dr.
vlously exacted a promise from Mr.
ueney that he would not be tried IN
oregon until he was first tried IN WASH .,i,
ington, D. c., under another innic,.neu', ~,
in April 1906, VIXEN the San t'rencaSo'
earthquake called Mr- Heney nome.