The semi-weekly messenger., 1908-03-17


Washington, March 13.-Represen-
tative Lilley, of Connecticut, on next
Monday Will face the submarine in
veetigating committee without legal
counsel to advise him. 1t was learned
today that Frank T. Brown and Stiles
Judson, the Connecticut attorneys en-
gagged by Mr. Lilley last night threw
ap their agreement and went home.
They gave as the reason the refusal
of the committee 10 permit examina-
tion or cross-examination Of witness
es by persons other than members OF
the committee, except through writ
ten questions first submitted to the
committee for it's approval. They felt
that under such a restrictive arrange
ment legal talent could not be of
NO assistance to Mr.. Lilley.
Chairman Boutell, of the invesu-
eating committee, in an interview to-
day with the Associated Press made
the following statement
The apparent misunderstanding on
the part of the public to the attitude
of the investigating committee to-
ward Mr.. Iilley-a misunderstanding
which appears TO have sprung from
public statements in which Mr.. Lii
ley has been quoted as dissatisfied
with the prospective course of the
committee toward himself as the
originator of the resolution of in
quiry-is unfortunate 1t should be
clearly understood that the commit
tee is proceeding not only within the
narrow lines laid by the law, but al
so with view and purpose to pro-
tect Mr.. Lilley and to prevent this
investigation from deteriorating into
a laughing stock and farce.
MIR. Lilley objected earnestly to be-
ing compelled TO appear as the first
witness before the committee He
told the committee that he thought
the investigation should proceed
along different lines; that he should
be allowed TO name the order of the
Witnesses and that he thought his
counsel should have the privilege of
examining and cross-examining them
directly. Now the fact Is that if we
had acceded to this desire and plac-
ed witnesses on the stand before
foundation had been laid by the tes-
timony of MIR. Lilley, himself, we
should have been proceeding con-
trary to law, and the witnesses sub
poenaed by the committee could not
only have disregarded the summons
and treated with contempt, but could
have brought action for damages
against the server of the summons,
the sergeant-at-arms Of the house of
representatives, in case the summons
were Obeyed The law surrounding
the process known as subpoena duces
treu1n-which means subpoena re-
qulring the appearance of q person
and the bringing with him of papers
and documents named by the sum-
mons-is very strict. It requires,
among other things, that such a sub
pcena shall not issue until after a
foundation has been laid for the in
vestigaEon concerned; and the only
way to lay that foundation, the only
possible way, vas to place Mr. Lilley
on the stand and have him testify
| wish to state ve.v clearly, as
chairman of the investigating COM
mlttee, that we propose to probe
this painful affair to the very bot
tom; and in doing so we propose to
proceed within the law and with due
regard for the protection of Mr. Lii
ley as a member of the house In
pursuance Of this course, the COM
mittee today decided unanimously to
call on Mr.. Lilley for a list of the
witnesses he desires to have sum
moned and for a full statement in
connection with each witness of the
papers he desires to have that wit
ness bring. AS soon as this list is re-
ceived by me l shall issue subpoenas
dIJRn fCnI1 f0,. oil %
and they will be summoned at once
by the sergeant-at-arms.
The committee has thus placed en-
tirely in the hands of Mr.. Lilley and
his attorneys the question of what
witnesses shall or shall not be called
at this time. and what papers and
documents shall or shall not be pro-
duced The committee will resume its
eittings next Monday ready to swear
and to hear such witnesses as Mr.
Lilley shall have designated"
The committee at itse executiv
session this afternoon, III addition to
deciding to ask Mr.. Lilley for a list
of his witnesses, also reached the de-
cision to allow any one whose name
has been mentioned or will be men
toned during TIVE course Of the in
Eest1gat'Cn to appear before the cont
mittee and make a statement.
Chairman BouteIl will tomorrow
issue ordinary subpoenas for former
United States Senator Marion c.
Butler, of North Carolina, and S. S,
lcNeir of this city, both mentioned
by Mr.. Llley as attorneys for the
Electric Boat Company; c. B. Creecy,
II. w. Creecy and r. F. Sands, all
of this city, and Frlnk j. Lo-d aid
August Erly, newspaper men. The
names of all of these men were
mentioned by Mr.. Lilley in his sworn
statement
An important development Of the
situation tonight is that Secretary of
the Navy Metcalf, the members of
the last years naval board, which
sat in trial on submarine tests off
Newport, and other high officials of
the navy department will be called