The San Francisco Call. Newspaper, April 2, 1904, Page 7

THE SAN FRA CISCO CALL, SATURDAY APRIL o -5 1904. FEDERAL WITNESSES CALLED BY HYDE AND DIMOND TO REBUT INDICTMENT Damaging Evidence Elicited From Chief Examiner| Valk of General Land Office---Message Is Sent to| an Alleged Tool of the Combine at Washingtoni o GTON. D. ( A HYDE AND H WHO ¥ ' CALLED AS WIT, *CUSED OF COMPLICITY r | -+ mting an e ptheir c e and fencing 69 stowh th omparat 2 results BENSON T0O VALK ceed ve The only n publié's stock of inform jamr E. Valk, prin e General. Land O at Wa n, who is’alleged have jenson's pay, ahd who yesterday let the fact that the defendant Dis ittion -from Benson, s This an Dimond repre me and he is right Just why the defendants yde and Dimond, who are alone in- ved in this proceeding, should have ought out this fact is uncertain. One the Government's representatives, declared last evening that it s evidence of the fact that Benson nd Hyde have parted company in their eferise to the indictment in which they jointly accused and that each of is_looking out solely for his own feoth Johr wever, the General Land office was ssioner of Washington by Mc vogue o} ney @ to the meth- there in expediting lieu iates who are here for Government. e said that approximately 10,000 | tions were on filé in the depart- | the forest reserve act of that and han H. Fimple, the Assistant Com- | questioned at | d also regarding the | M long and 1 evidence t > on file in the Gene tracts of Land Office for the hundreds of small 1 els of land included in the tracts ove the thirty-four counts of The ir d Government s offered th instead of fraudulent, as ment claims. Fimple would | dentify abstract cover- | ng one small section of a vast tract | ent it a fractional client, Hyde, was gro ligned by Uncle Sam. Quick as shot would come the objection from Government Counsel Heney- that an ibstract was no proof of title. \\, b no objection, d Heney 0 y¢ offering the abstract to show t tations made by Hyde in « © obtain the selection, but not | s at the State of Oregon con- * e land to A. S. Baldwin. We offer it,” McEnerney retorted, | | “as the best possible proof that Ore- go onveyed to Baldwin, Baldwin to Hyde and Hyde to the United States.” McENERNEY WONT TELL. It is not the best evidence,” Heney ® The deeds are what you Ar v presump- tive evidence of the fa'm recited and admitted | to show { when he had done so the attor-, i |« to have been with John A. Benson. Here was a loophole for Hyde and Di- mond. “Do you know Fwdwl‘k A. Hyde or Henry P. hlnwnd ver exchange a word of conversa- tion or correspondence with them, or either of them, on any subject?"” “No, sir That DEFENSE WINS A POINT. Are you quainted with John A. asked Heney in cross-exam- ination. “We object,” shouted McEnerney. This witness was not asked anything about Benson.” ““Objection sustained,” the Commis- sioner ruled. Then came Woodford D. Harlan, former chief of the special service &i- | Dimond represents me ! vision of the 'and office, and, as such, charged with the protection of public | domain from fraudulent entry and timber trespass. In that responsible | post, the indictment declaref, he re- ived divers sums of money for fur- | stranger the deed may contain many stipula- tions that were binding on Baldwin, | but do not appear in the abstract. Where are the deeds We won’t teil you, swered coolly Finally the Commissioner got chance rule. “An abstract of title| is wholly insufficient to prove the con- tents of a conveyance,” he said. “Your abstracts may be admitted as proof of their own contents, but no more. Government’s objection is sustained.” Blocked on this line of attack, Mec-| Enernéy next took in hand Marvin M. McLean, a clerk from the land office, | who has been deputized by the Land Commissioner as custodian of the McEnerney an- to voluminous records sent out here for| McLean | the examination. All that yvielded was the information that his papers did not contain the deeds cover. ing any of Hyde for many of the abstracts were also miss- ing, having been filed in other selec-| the same defendant—selec- | tions by tions that are not included in the in- dictment but are covered by the same | abstracts. These documents were still at Washington filed away with the Lean was excused. “Call J. Knox Corbett,” said McEner- ney, but the Tucson Postmaster not being at hand Grant 1. Taggart was sworn. Taggart, who is 74 years old| and who used to be a well-to-do citizen | of Oakland, has for several years been employed by the Government as a su-| pervisor of forest reserves. In this ca- pacity the indictment says he fell a the relinquishments by | his lieu selections, and that | papers relating to the other cases. Mc-! | The | | thering the schemes of the shark: But his lings had been with Benson, vashington, and he, too, was to both Hyde and Dimond “Do you know John A. Benson?" Heney repeated, with the result of drawing out the same objection from McEnerney and the same ruling from Heacock. So Harlan gave place William Valk. Valk is the principal examiner in the acquaintance and at a leged land | to| General Land Office, where he has been | employed since he was a bo, of $1600, the indictment says, found its way into his pockets from Benson’s, as consid=ration for valuable information furnished and other illegal services rendered to the combine. Valk was a| more fertile witness than his prede- cessors. He did not know Hyde, but he had had McEnerney: soon got through with him | and then turned him over to Samuel Kright, one of Dimond’s attorneys. VALK AND DIMOND. “Mr. Valk, do you know the defend- ant, Henry P. Dimond?” Knight asked. ‘Yes, I met him at Washington, where we were introduced by mutual friends in the General Land Office.” McEnerney stopped the proceedings long enough to get a final objection on the record, excepting his client, Hyde, from the effect of any testimony by Valk. Heney argued that, as both Hyde and Dimond were indicted for the same conspiracy, the objection was | not well taken. “When there is proof of a con- spiracy,” Commissioner Heacock said, “then the act of any codefendant is material evidence against all the de- fendants. I shall overrule the objection. The weight I shall giye the testimony | will be considered later.” Under Knight's careful questioning, | Valk told the Commissioner that within a day or two after his introduction to Dimond he met the latter outside the these covered more | vietim to the cash of the alleged land | land office, where Dimond had given 63,000,000 acres, which the se- .mbbem to whom he furnished ad-|him a card, or note, from Benson. tors were seeking to substitute for | vance information of the lands selected | Valk's story was in subsumce as fol- their holdings in fifty-seven forest re- serves scattered all over the West Many of these .electors appeared by their attorneys, he continued, and the tppearances were made by letter simi- @ar to those of Dimond’'s that are set ‘orth in the indictment as having been | for withdrawal for the purpose of cre- ting reservations and at whose in- lows: “Dimond said he was in Washington stance he recommended the inclusion in | to expedite certain land cases and that such reserves of lands in which they|he would prepare a list and try to get were interested. But it was on none|favorable action taken on them by the of these topics that McEnerney ques-| Land Office. tioned him. All his dealings are said | an interest in these cases and assist Times Building, New. York. doings with Dimond, and| | therefore had to be handled carefully. | The sum | He wanted me to take | JRhe10 indles. me to have TRIES T0 SLAY SHIP'S CAPTAIN Fred Romer, Second Officer of Brig Lurline, Goes In- and Runs Amuck TRONED AFTER BATTLE ——— | Vessel Puts Into This Port| and Delivers Maniac Into| Hands of Local Police The little brig Lurline, Altata, Mexico, for Grays Harbor, put into rort late yesterday afternoon with the second mate, Fred Romer, in irons. Romer becanie violently insane three | days ago, when the ship was about seventy miles west of San Francisco. Seizing a large iron belaying pin Romer attempted to kill the captain. The two struggled on the deck, but Captain Forest was no match in strength for Romer, who is six feet tall and im- mensely powerful. Had it not been for the timely assist- ance of the first mate and some of the crew murder might have been done. Romer was overpowered with difficulty and placed in irons and the brig head- ed for this port. Romer was brought ashore last night in a launch and removed by the local police from Powell street wharf to the | insane ward at the Receiving Hospital. The demented sailor's wrists were ter- | ribly swollen through his constant ef- fort to throw off the irons. He has but eve. one A New Boo':, » and Scenes From the Car Windows." Vhy mot? It tells all about the windows of t Pacific overland 1 way to Chicago better get it and have a lnlk with 8. F. Booth, General Agent U. P. R. R., 1 Montgomery s % ) . B : - — | . him in getting them passed. He told me that he had an understanding with | This conversation | Benson and Hyde. took place on F street, Washington, near the General Land Office, in the fall of 1900 or 1901. That's as near | as I can place it. Dimond began i by presenting a card or nofe from: Bensen to me, showing that he was sent to Washington in the interest of Benson, Hy C. W. Clarke, Elizabeth Dimond and so on.” IMPORTANT NOTE. AN “Can you produce that card or note Knight asked. p. Of course it. would not do for such a communication on my person i 1 destroyed it'at once, if I remember correctly I know I did not keep it more than ten minutes at | the most. No;: Benson's name was not signed to the thing. He wouldn’t do that. It was just signed ‘B, I think. | I know I recognized its source by the | © writing as well as the letter signed to it.” In answer to further questions Valk said the note from Benson did not ask him to use any inmiproper influence, nor had Dimond ever made such a request. Dimond had simply said that he was there in the interest of. certain in expediting them. No, I never had any correspondence with him and never received ‘any money or offer of money from him.” On cross-examination Valk said that the communication from Benson was in substance as follows: “This man and he is all right.” “At that time you had some rela- tions with Benson, had you not?” asked Heney. “We object,” interrupted McEner- ney. The Commissioner gave the at- torney until Monday to present a brief sustaining his objection and the wit- excused until them. ness was The hearing ,will be resumed at 10:30 o'clock Monday morning. bound from | lieu | land selections and wanted me to aid | SCOUTS DRILL WINS APPLAUSE Crowds Cheer the Maneuvers of the Filipinos During Parade at the. Presidio ‘L GAN OFF FOR MANILA Transport Curnefl Casuals and Recruits and a Large | Amount of Army Supplies — The Filipino scouts were the cen= | ter of attraction at the Piesidio yes- | terday. Their drill started at 3 o'clock, nd long before that time the towns- folk commenced to assemble. They | perched themselves on the terminus | platform of the railroad company and! |on every available point of vantage | | and by the time the scouts came dawn | from their camp on. the hillside about | “00«) pecple were in attendance. In the drill proper the scouts were | in khaki uniforms. They went through | the different evolutions and maneuvers ' -7 evidently to the great satisfaction of | the crowd, which repeatedly cheered and applauded them.. Following the drjil the splendid band gave a concert. At 5 o'clock came the full dress pa- rade. For this important ceremony the Filipinos donned their brand new blue uniforms and marched and strutted { about as proud as peacocks. The parade was reviewed by Lieuten- Vait C. Johnson, who took com- the absence of Major Carring- whe had gone to the city to pay | his respects to General Shafter. The parade passed off in first class shape, and in the drill of the manual of arms the scouts made a tremendous | hit and earned the hearty applause that was given them by the spectators. ! There will not be any drills to-day | mor to-morrow, but the scouts will be | on the field again every day next week |at 3 c¢'clock for drill and 5 o'clock for | parade. i The last orders Major Carrington re- | ceived, commanding him to take his | scouts to St. Louis and then retrace his steps to the Philippines, are causing xpressions of regret from' all the offi- ers in his command. Lieutenant John som, in :peaklng of the order yesterday,. said: “We are greatly disappointed | that Major Carrington has been ordered | to leave us on arrival at St. Louis. We are all, both officers and scouts, great- | 1y attached to him. He -has worked hard and iong to bring the scouts to their present degree of efficiency, you see by the work they are doing| here. Major = Carrington is a soldier | and a thorough disciplinarian and takes a tremendous pride in his pres- | ent command. We are all sorry to lose | him. We still hope the order may be | revoked, and fhat he will be able to re- main in u\mman\l during the time uf | the exposition.” | The transport Logan sailed for )lu- nila at 12 noon yesterday. She car-! ried a big load of freight and 275 re- cruits, who were in command of Major | H. H. Benham, First Lieutenants A.| McIntyre and J. G. Langdon and Sec- | ond Lieutenants C. E. Hathaway and J. V. Kuznik. i i ———e——————— Something New. | | The San Francigo “News Letter” for this! week s on sale at ail news dealers on Friday.* e Mrs. McClung Sick and Destitute. Attorney W. D. Grady, who repre- | ! sents Alexander B. Garnett, charged with the murder of Major J. W. Mc- | Clung in Mrs. Elizabeth Hitcheock-"| | Coit’s rooms in the Palace Hotel, filed n affidavit in Judge Lawlor’s court | cesterday that the widow, Mrs. Mec- | Clung, was sick and destitute in San | | Diego-and would be unable to attend | the trial of ‘the case. He therefore | asked that an order be made that she | be examined conditionally before the County Clerk ‘at San’ Diego or other fit and proper person. The matter was | continued till this morning. . | Allcock’s has a fine aromatic odor because it's made of the choicest materials that can be had—it right material. compare it with all other plasters. will tell you which is best. REMEMBER—Aucoct's Plasters o been in use 55 years, have been imitated more than any article ever sold and have made more cares them any other external remeds. donna, opium or any poison whatever. soothe, strengthen and cure. 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