The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-04-30


With all these facts before the peo-
pie, Senator Bailey came before the
Democracy OF Texas an the spring OF
1906 as candidate for reelection
20 the senate OF the United States
and campaigned the state from end
10 end and was nominated by about
100000 votes In the Democratic pri-
marles
second Investigation.
when the legislature convened al
Austin IN January, 1907, charges
we're again preferred against Senator
Bailey. A committee composed OF
seven members was appointed by the
house and committee composed OF
seven members was appointed by the
senate TO investigate these charges.
After the senate committee was
organized received phone message
from the chairman OF the committee
requesting me to come to Austin and
represent the senate committee In
the investigation went to Austin
and appeared before the committee,
| stated TO that committee that |
had voted for Senator Bailey in the
primaries. had attended the state con-
vention and participated IN his nom
nation and that regarded him as
the nominee OF the Democratic party
OF Texas. but that had not made
up my mind as TO the truth or falsity
OF the charges to be investigated
The chairman OF the committee in
the presence OF the whole committee
informed me that It was the desire
OF every member OF the committee
that accept and serve as the attor-
ney OF the senate committee during
the Investigation. stated TO them
that II they proposed 10 have full,
fair and honest investigation OF the
charges and they desired my service
not as an attorney for Mr.. Bailey nor
as an attorney for the persecution.
but as the adviser and attorney OF
the committee 20 seek out and de-
yelop the truth as It might appear,
would accept the position, otherwise
would decline II: that / understood
Mr.. Bailey had selected his own at
torneys and that Mr.. Cooke would
doubtless select his attorneys and
that | would not be put In the posi-
ton OF being made the attorney OF
either. but that was willing 10 serve
the senate committee in the develop
ment OF testimony and in advis-
ing the committee in all matters
deemed necessary.
With this understanding accept
ed the employment OF the senate
committee as a lawyer and as an at
torney and undertook the discharge
OF my duties as such and discharged
those duties throughout that long
and tedious trial to the best OF my
ability. did not seek this position
and did not accept 1t with any de-
sire for political notorlety. | never
suffered myself to be interviewed by
a newspaper reporter during the
whole trial and never expressed my
self on the question OF the guilt or
the innocence OF Senator Bailey on
any charge,
Fair and Correct.
While many OF the incidents and
details OF the trial were not satlsfac.
tory TO me. | believe the result was
as fair and correct as could have
been obtained under the evidence.
There was nothing proved from
which any fair-mlnded man could
conclude that Senator Bailey had
been guilty OF official misconduct,
malieasance In office or that in any
wise disqualified him from holding
the office OF United States senator
A majority OF the committee exon
Grated Senator Bailey and acquitted
him OF all blame. The minority re-
port filed by Messrs. jenkins and
McGregor reported the evidence pro
and con on each charge, but made no
as to the guilt or innocence
OF Senator Bailey. Judge Robertson
filed separate report conourring
in the majority report and adding
that he believed Senator Bailey had
been indiscreet
After the investigation closed 1
returned home with the determine
tIon not to make my opinion known
as to the guilt or innocence OF Sem
a'cr Bailey until bad re-read and
examined all the testimony. After
the evidence was published and I
obtained copy carefully reviewed
the whole record aud feel that am
IN "a ,sn,twhfx nanvnreanf ,sith all Aha