The Montgomery advertiser., 1908-03-14
MR. LHLEY
 IS DISGUSTED Attorneys Withdraw from Investigation. TO FACE COMMITTEE ALONE Privilege of Cross Examination is
 Denied Him.
 - Chairman BouseII says There Is Mis-
TO FACE COMMITTEE ALONE
ChAirman BouteII says There Is Mis- uaderstanding--He Issues Pub- lie Statement Explaining
 Course of the Committee.

WaSntnEtOn, Marcn lS.-ttepFeseutd- tive Liliey. of Connecticut. next Mon day will face the submarine investi- gating committee without legal eoun- sel to advise him.
 It was learned that Frank T. Brown and Stiles Judson, the Connecticut at torneys engaged by Mir. Lilley. last night threw up their engagement and went home. They gave as the reason the refusal of the committee to permit examination or cross examination of witnesses by persons other than mem bers of the committee, except through written questions first submitted to the committee for it's approval They felt that under such a restrictive arrange ment legal talent could be of no as- sistance to Mir. Lliley.
 Chairman Boutell. of the investigat- ing committee. in an interview with the Associated Press made the follow ing statement:
 The apparent mfsunderstanding on the part of the public as to the attt- tude of the Investigating committee to- ward Mir. Lilley. a misunderstanding which appears to have sprung from public statements in which MT. Lilley has been quoted as dissatisfied with the prospective course of the committee to- ward himself as the originator of the resolution of inquiry--Is unfortunate It should be clearly understood that the committee is proceeding not only with in the narrow lines laid down Dy the law, but also with q view and purpose to protect Mir. Lilley and to prevent this investigation from deteriorating into q laughing stock and farce.
 Nr. LfIlexsa Ideas.
 "Mr. Lilley objected earnestly to be ing compelled to appear as the first witness before the committee. He told che committee that he thought the Jn- vestigation should proceed along dif- ferent lines; that he should be allowed to name the order of the witnesses and that he through his counsel should have the privilege of examining and cross examining them directly. Now the fact is that tf we had aceeded to .his desire and placed witnesses on the stand before a foundation had been laid by the testimony of Mir. LiIlay hinSeif. we should have been proceeding con trary to law and the witnesses subpoe- naed by the committee could not only have disreEarded the summons and treated them with contempt. but could have brought action for damages against the server of the summons. the sergeant-at-ar arms of the House of Rep- resentatiyes, in case the summons were obeyed. The law surrounding the pro- cess known as subpoena duces tecum- which means a subpoena requiring the appearance of a person and the bring ing with him of papers and documents named in the summons-is very strict. It requires, among other things, that such a subpoena shall not Issue until after a foundation has been laid for the investigation concerned, and the only way to lay that foundation, the only possible way, was to place Mir. Lilley on the stand and have him testify.
 q wish to state very clearly, as the chairman of the Investigating commit te. that we propose to probe this pain full affair to the very bottom; and in doing so we propose to proceed within the law and with due regard Tor the protection of Mir. IAlley as 8 member of the House of Representatives. In pursuance of this course the commit tee today decided unanimously to call upon Mir. Lilley for a list of witnesses he desires to have summoned, and Tor a full statement in connection with each witness of the papers he desires to have the witness bring. AS soon az this list Is received by me, shall Is. sue subpoenaes duces tecum Tor all ot these witnesses and they will be sum rnoned at once by the Sergeant-at- Arms.
 In Mr. LllIy'a Hands.
 ssThe committee has thus placed en- tirelv in the hands of MT. Ldlley and his attorneys, the question of what wit- uesses shall or shall not be called at this time. and what papers and docu- mcnts shall or shall not be produced Tshe committee will resume its sittings next Monday, ready to swear and to hear such witnesses as Mir. Lillay shall have designated"
 The committed, at It's executiVe seS- ston thts afternoon, in addition to de- ciding to ask Mir. Lilley for list or his witnesses. also reached the decision to allow any one whose name had peen mentioned or will De men tioheu uuI ing the course of the investigation to annear before the committee and make q statement.
 RenIying to the statement made by Chairman Boutell, Mir. Lilley tonight said:
 .sReferring to the first paragraph of ,the committee's statement, would say that if the investigation does develop into A farce, the responsibility will rest y,ith others, as I personally begged to take the responsibility of the tnvesti- gation and to furnish the ablest coun- sei nrocurable. The committee has de- nied me this privilege and from this time on, the committee must assume The responsibility Of securing the evid- ence from the witnesses whom l have desisnated and will designate.
 
 ,ha chairman's statement. I would say that the legal phase of the matter, as expressed by the chairman, is directly contrary 10 the opinion of eminent law vers with whom I have consulted.
 "Regarding the third paragraph. We are all glad to know that the chairman of the investigating committee prom ises to probe this affair to the very bottom.
 ''Referring to the fourth paragraph of the statement. I note that the com nittee has placed in the hands of my self and my attorneys, what witnesses shall be called at this time This is of no value to me without the privilege of direct examination and the privilege of calling the witnesses that will bring out the evidence to the best advant- age"
 To Issue SubpoenaS.
 Chairman Boutell will tomorrow is- sue ordinary gubpoenas for former United States Senator Marion c. Butler of North Carolina and 8. S. McNeir of this city. both mentioned by Mir. Lilley as attorneys for the Electric Boat Com