The San Francisco call., 1910-02-03

HERMANN IS BADLY
WORSTfD BY H[NFY
Prosecutor Forces Admission OF
at Least Indifference to
Land Frauds
Defendant Compelled to WallOp
His Friend. "UncIe joe" to
Save Himself

PORTLAND. Ore Feb. During
a severe cross examination of the
defendant. Prosecutor Francis j.
Henev apparently scored in the
Binger Hermann trial today. Through
the day there were sharp exchanges
between the defendant and his inter-
rogator One OF these occurred when
Heney asked Hermann if the reason
why the latter had said that he had
not read an article in u Portland paper
telling how frauds in school lands were
perpetrated was in order TO keep from
admitting he did not know that there
was fraud in the creation OF the Blue
mountain reserve. The defendant half
rose from his seat and almost shout
ting answered that there was not a
word of truth in such a statement.
'I don't like your insinuations. Mr..
Heney" Hermann Numbered, you are
trying to influence the jury
HENEy SCORES POINT
During the cross examination the
prosecutor showed that the former
commissioner of the general land office
could have prevented speculation IN
proposed forest reserves by the simple
expedient of ordering Withdrawals of
lands and making Investigations after
w
then making the withdrawal. He
showed that during the investigation
and before the withdrawal the specula-
tors, informed of the proposed reserve,
swarmed into the territory and took
the unappropriated public lands or the
school lands.
This policy on the part of the COM
missioner, Hermann admitted under
pressure. would have been as effective
amending of which he repeatedly urged
in his annual reports. saying that gi-
gantic frauds We're being perpetrated
in the west under the lieu land statute
and the timber and stone act.
Heney laid bare Hermann's record in
congress after leaving the Office of com
missioner. Hermann admitted he did
not introduce bill to change the tim
Der and stone act, but that he did
devote his time to a measure for the
modification of the lieu land law, which
died in committee.
The prosecutor wanted to know why
Hermann did not make a speech on the
timber and stone act. Hermann went
into details regarding the delays Incl
dent TO obtaining recognition from
Speaker Cannon TO make a speech in
the house. Although supposed TO be
in good standing with the speaker at
given recognition and outlined the pro-
cedure now known as "Cannonisra.''
Heney introduced and read TO the
witness a letter from Secretary Hitch
cock to Hermann, telling of repeated
rumors of fraud. Hitchcock wanted to
know why the discoveries of fraud
were being made by outsiders and not
by the officials whose duty it was 10
guard the public's interest Pressed by
Prosecutor Heney, Hermann admitted
that the fault lay in a great measure
with the character of the special agent
DEFENDANT TRAPPED
Late in the day Heney went into the
matter of Hermann's political aspira-
tions. To questions on this subject.
Hermann said he had never been more
than receptive candidate for United
States senator from Oregon.
Heney introduced a letter at this
point purporting to be from Hermann
TO George c. Brownell, an Oregon poll
tician, saying that in reward for efforts
writer would see c. p. Huntington of
the Southern Pacific company in
Brownells behalf.
Hermann said in reply to oues-
tions, that he had never been very
friendly with Huntington Henev in
stantly followed this assertion of Her
manns with another letter, said to
have been written by Hermann 10
Brownen, in which the writer declared
that Huntington was a warm friend of
the writer's and always called on him
when passing through Washington.
D. C. The subject of Oregons senatorial
campaigns was still under consideration
when court was adjourned until tomor-
row