Show PLAN FOR APPEAL IN HERMANN CASE PORTLAND Or Jan 17 Foundation Foundation has lias been laid for tor appeal to the United States slates supreme court should BInger Binges Hermann Her Herr land mann office commissioner ex-commissioner cb be convicted A o of obI of f bI being the a general genera e party to the conspiracy of ot the Blue Mountain forest reserve This was as accomplished Saturday when the defense raised a constitutional point as as to what evidence should be allowed to KO go to the Jury regarding statements statements statements state state- ments of alleged co coconspiratOrS The defense contends that Hermann i has the right to be confronted confronted con con- conI I fronted with witnesses and that Franklin Pierce Mays now under sentence who made the alleged declarations to Dan W W. Tarpley rity y Georgo e lo Horace i G. G Mc Mc- sf Kinley and S. S A. A D. D Puter that money was as needed to put through the proposed reserve is not present not under oath and rand cannot be examined The he prosecution wants to present wit- wit Besses nesses leadIng leading actors In other land fraud trials who trIals who will testify that Mays Maya told them of the need of money for those fellows at Washington It Is the contention of ot the defense that tha such statements should not go to the Jury especially since Mays Maya Is no not available for examination |