The Birmingham age-herald., 1908-03-14
Counsel Deserts the Congress- man and He Must Appear
 Alone in Investigation
STATEMENTS ARE ISSUED
 BY B0UTELL AND L|LLEY
Chairman of Investigating Committee Says He Will Probe the Affair to the Bottom and Will Call
 Many Witnesses.

Washington, March 13,-Representative Lilley of Connecticut next Monday will N face the submarine Investigating commit | tee without legal counsel to advise him. l It was learned tonight that Frank T. | Brown and Stiles Judson, the Connecticut \ attorneys engaged by Mr. Llley, last N night threw up their engagement and N went home. They gave as the reason the refusal of the committee to permit E examination or cross-ex examination of wit
 nesses by persons other than members K of the committee, except through writ K ten questions first submitted to the com E mitee for it's approval. They felt that
 under such a restrictive arrangement K legal talent could be of no assistance h to MT. Lilley.
 E Chairman Boutell of the Investigating K committee in an interview with the As- M sociated Press made the following state Fl ment
 Fl BoutelIs Statement.
 M "The apparent misunderstanding on the N part of the public as to the attitude of h the Investigating committee toward MT. e eLilley-a misunderstanding which appears Hto have sprung from public statements fin which MT. Lilley has been quoted as IA dissatisfied with the prospective course |AoL the committee toward himself as the |boriginator of the resolution of inquiry-is It should be understood that Ithe committee is proceeding not only M Hwithin the narrow lines laid down by kthe law, but also with a view and pur-
 pose to protect MT. Lilley and to pre- Event this ipvpStiga tior1 from dateriorafiney n
 into laughing stock and farce.
 MT Lilley objected earnestly to being |compelled to appear as the first witness
 before the committee He told the com-
 mittee that he thought the investigation 'Eshould proceed along different lines that |Ehe should be allowed to name the order
 of the witnesses and that he thought his
 counsel should have the privilege of ex- |amining and cross-examining them direct Nly. Now the fact is that if we had &C., Needed to this desire and placed witnesses Tor the stand before a foundation had F.been laid by the testimony of MT. Lilley t,himself, we should have been proceeding \ t,ontrary to law, and the witnesses sub
 boenaed by the committee could not only have disregarded the summons and treat led them with contempt, but could have 2 9,orought action for damages against the f'5eryer of the summons, the sergeant-at- tlarms of the House of Representatives in s,ase the summons were obeyed. The law Isurrounding the process known as sub 1 'ooenae duces tecum-which means a sub- i..ooena requiring the appearance of a per- KI'son and the bringing with him of paper ,SAnd documents named in the summons-is ,Agery strict. It requires, among other t3. hings that such a subpoena shall not is- sSsue until after a foundation has been laid for the investigation concerned, and IE,he only way to lay that foundation, the IEbnly possible way, was to place MT. Lilley pn the stand and have him testify. |E A Painful Affair.
 "I wish to state very clearly, as the Mhairman of the investigating commit- Nee, that we propose to probe this pain Null affair to the very bottom; and in loing so, we propose to proceed within HIhe law and with due regard for the pro- ERecton of MT. illey, as a member of I #he House. In pursuance of this course |@he committee today decided unanimous 'l#y to call on MT. Lilley for a list of wit '{s sesses he desires to have summoned and HOT full statement in connection with Zach witness of the papers he desires to Nave that witness to bring. As soon as tfhis list is received by me shall issue z<ubpoenas duces tecum for all of these Witnesses. and they will be summoned Ht once by the sergeant-at-arms.
 X "The committee has thus placed entire N in the hands of MT Lilley and his Attorneys the question of what witnesses Ihall or shall not be called at this time, Find what papers and documents shall or #hall not be produced. The committee Kill resume it's sitting next Monday, Ueady to swear and to hear such wit Uesses as MT. Lilley shall have desig- Hated"
 K Witnesses Asked For.
 HThe committee, at it's executive session
 Hlis afternoon, introduced document
 Uslsing MT. Lilley for a list of his wit
 esses and also to allow one whose name
 Has been mentioned or will be mentioned
 Airing the course of the Investigation
 appear before the committee and make
 M statement.
 Replying to the statement made by
 hairman Boutell, MT. Lilley tonight
 lid:
 "Referring to the first paragraph of
 e committees statement, I would say
 lat if the investigation does de-
 slop into a farce. the responsibility will m st with others, as I personally begged
 take the responsibility of the investi-
 ltion and to furnish the ablest counsel Mrocurable The committee has denied We this privilege, and from this time on We committee must assume the respon- sility of securing the evidence from the Witnesses whom I have designated and
 HI designate.
 E'Regarding the second paragraph of the Mairmans statement would say that Me legal phase of the matter as express M by the CNairman is directly contrary VI the opinion of eminent lawyers with Mlom I have conferred.
 M Regarding the third paragraph, we We all glad to know that the chairman W the Investigating committee promises M p6robe this affair to the very bottom M'Referring to the fourth paragraph of Me, statement, note that the commit Xte has placed in the hands of myself Md my attorneys the names of witnesses Mlo shall be called at this time. This is
 no value to me without the privilege
 direct examination and cross-exam-