The San Francisco call., 1910-01-29
HfNfY SCORES IN
TRIAL OF HERMANN
Judge Admits Letters Which
Commissioners Failed to Sign
in Land Office
Defense Opens Case With Re-
ports That Referred to
Frauds in Reserves

PORTLAND, Ore. Jan. 2S.-The pros
ecution today rested its case in the
trial of former Congressman Binger
Hermann, charged with conspiracy to
defraud the government.
BY getting before the jury three let
ters signed ''- Commissioner" and
relating to the protests against the
creation of the Blue mountain forest re-
serve, the prosecution scored against
Hermann today.
1t was the custom in the general land
office, when Hermann was commission
er, If letters were not signed to return
them to the files instead of forwarding
them to the individual addressed
Francis ]. Heney contended that Her
mann avoided signing the three letters
purposely, as they were prepared by
subordinates and sent to the desk of
the commissioner prior to Hermann's
return from a trip to Oregon. Later,
as the letters were found without Her
mann's signature attacred, they went
into the files.
DEFENSE LOSES ONE POINT
Against the Introduction of these let
ters the defense has fought hard and
persistently. Judge Wolverton held
that there was a reasonable SUPPOSE
tion that the letter to Secretary Hitch
cock was on Hermann's desk prior to
his return and that Hermann had an
opportunity to see it. One of the let
ters was addressed to Hitchcock and
inclosed protests against the creation
of the reserve by George II. Cattanach,
T. c. Sells and others. The other let
CaII (fof ffon oh o.yfy, ~
that their respective protests had
been sent to the geological survey.
The prosecution hopes to convince
the jurors that by not signing the let
ters Hermann lodged the issue, kept
knowledge of the protests from his
superior, Secretary Hitchcock, and thus
prevented a possible interference in
the plans Franklin Pierce Mays. Will
lard N Jones and H. A. Smith had in
promoting the reserve as speculation
TESTIMONY OF OFFICIALS
w. Scott Smith, private secretary of
Hitchcock, testified that early in 1901
the secretary sent for Hermann and
called his attention to serious leaks
in his department.
The testimony of Assistant Chief
McGee of the forestry department
given in the trial of Hermann in Wash
ington was read by Heney. McGee
said in effect that in November, 1902,
Special Agent Holzinger, who had been
sent to investigate charges made by
j. A. Zabriskie of Arizona and by va
rious citizens of Oregon, reported that
the creation of the Blue mountain for
est reserve involved a series of gigan
tic frauds. MCGEE testified that he had
taken this report to Hermann and that
Hermann had told McGee that the COM
missioner of the general land office
was the person to pass on the report.
DEFENSE READS REPORT
For the defense Colonel Worthington
opened by introducing a mass of doc
umentary evidence, consisting of Off
cial reports made by Hermann and
correspondence signed by him as COM
missioner. These documents showed
that Hermann had on repeated occa-
sions spoken of the frauds in the ex-
change of school lands included with
in the reserves for government lands
located outside the reserves.
Judge Wolverton adjourned court
until Monday.