This expression on the part of Mr. Hermann had the effect of reassuring my confidence in our position, and I was much pleased over the result of my interview.
At 10 o'clock the next morning, on the third day of the trial. Judge William Galloway, of McMinnville, ex-Receiver of the Oregon City Land Office, was called to the stand for the purpose of identifying the final proof papers of Emma Porter, and also to connect Emma L. Watson, who was in the courtroom, as the person who had filed under the assumed name of Emma Porter.
He was positive in his identification of the title papers, but could not swear that the lady who was pointed out to him as Emma L. Watson was the one representing herself as Emma Porter at the time of making final proof. He admitted, however, that there was a striking resemblance between the two.
H. F. Coleman, a clerk in the General Land Office at Washington, D. C. identified all the original homestead papers connected with the twelve claims in township 11-7 as having passed through his hands in their routine course.
Colonel A. R. Greene, Special Inspector, Department of the Interior, was then placed on the stand to identify the papers as those intrusted to his care by the General Land Office. While he was on the stand, Judge Pipes, of counsel for the defense, objected to the line of testimony on the ground that it did not tend to connect the defendants with any overt act as charged in the indictment for conspiracy, and it was at this juncture that the Special Assistant to the Attorney-General made his debut in the case with such dramatic results.
No sooner had Colonel Greene left the stand than the name of Binger Hermann was called as the next witness for the Government. Instantly there was a craning of necks as the well-known Land Commissioner ambled along in his suave way and with uplifted hand, promised to tell the truth, the whole truth and nothing but the truth, so help him God.
Mr. Heney assumed charge of his direct examination, and after some preliminary questions handed Congressman Hermann for identification a letter that had been addressed to him while he was Commissioner of the General Land Office by Senator Mitchell, and was asked if he had any recollection of ever having seen it before. After examining the letter judiciously through his glasses, the witness declared that he could not recall ever having seen the letter before, although he recognized the signature as that of Senator Mitchell.
Mr. Heney thereupon handed him a second letter which met the fate of the first. He then asked the distinguished witness if there was anyone with Senator Mitchell and Mr. Puter at the time they called upon him in Washington for the purpose of expediting the patents to the twelve entries in township 11-7. to which Hermann replied that they were accompanied by a woman.
The witness was then asked if he could identify the woman as one of those sitting in the courtroom.
Hermann returned an evasive answer by stating that inasmuch as he had only met the lady in his office but once, and she had made no impression on his mind, he was unable to say whether the defendant was this woman or not.
He was then handed a third letter, also written by Senator Mitchell, upon the same subject, but its introduction in evidence was objected to by the defense on the ground that the writer was not present in court. As Mr. Heney had failed in his effort to have the ex-Land Commissioner identify them, they were temporarily withdrawn.
Judge Pipes then inquired why they had been submitted, to which the Government attorney responded that he expected to identify them by Mr. Hermann, but failing in this, had decided to withdraw them until Senator Mitchell could arrive, for whom, Mr. Heney stated, he would wire to Washington at once.
Mr. Heney hoped to have Mrs. Watson identified by Mr. Hermann, as he also anticipated that the ex-Commissioner would identify the letters in question, for the purpose of connecting her with the signing of the affidavit at Washington at the time of having the patents expedited. It will be understood, ofPage 144
