Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-27

Vertrees and Brandeis manifested itseh
in several sharp exchanges.
The demands Of Mr. Brandeis. first, that
Mr.. Ballinger appear as witness to be
examined as part Of the case for the
prosecution" and later that he be re.
quired to appear as the first witness foI
the defense" called out lively discus
sions between counsel and among mem
bers of the committee.
Committee Hopelessly Divided.
The first request was unanimously de-
MED. The second request, made during
the afternoon. was considered in execu.
tive session for forty minutes. at the
end Of which time It likewise was denied
The vote ON the second proposition
stood to A. and was taken to indicate
by many how hopelessly the committee
is divided and as presaging In the end a
majority and minority decision. Repre-
sentative Madison of Kansas, ''insurgent'
republican, voted with the democrats
Senator Purcell OF North Dakota, demo
crat. voted with the republicans Rep
resentative James put the motion that
Mr.. Ballinger be compelled to take the
stand as the first witness on his side OF
the case, and it was on this that the
vote was taken. Senator Purcell declared
that he thought 1t only just, as a lawyer
that the defense should be allowed the
same liberty in calling witnesses and ar
ranging the order of its testimony as
had been granted to the prosecution.
Secretary Ballinger probably will not tes-
tify until toward the end Of the proceed
ings.
During the recess OF the investigating
committee the rooms were turned over
to Commissioner MCGEE Of the land ONCE
the cancellation of the Cunningham
claims. and who had before him yester
day Messrs. Birch and Steele Of the Nor
encouragement syndicate.
Wanted Ballinger on Stand.
When the afternoon session was begun
Attorney Brandeis made another attemp
to have Mr.. Ballinger take the witness
stand at once. He did not think tn,
Secretary should first put other witnessed
before the committee. Mr.. Brandeis alst
said he could not say his case was closet
until after he had had an opportunity
| to examine Mr.. Ballinger.
Mr.. Vertrees replied to Mr.. Brandeis a
some length. He declared that BRANDED!
| and the other counsel were present anG
conducting what would ordinarily be con
| sidered the prosecution only by sufferanct
| Of the committee, and 1t was for thu
committee to determine Its course, ant
| not Mr.. Brandeis. Mr.. Vertrees declared
\ tn0I COUnGel lOF tScCIcldIy LdHHl6SI AoS
offered no objection to the methods o,
the prosecution or OF any OF the so-calleC
evidence they had put in. He ASSERTED
| that 1.-THE other side" had come to thu
hearing with Tips protesting no charges
no charges. but with tongues leprou,
with defamatory accusations" No Oh
| lection had been offered to facts. infer
ences. insinuations or anything else.
Declares President Assailed.
Mr.. vertrees went on to say that no
only the Secretary Of the Interior. bu
the President Of the United States. hat
been assailed in the proceedings. and HI
asked the poor privilege Of presenting
our evidence In that manner which woult
put It most clearly to tho committee fol
final determination The attorney as
serted that the lawyers on the other sid,
had by Labelling nonsense as evidence
so It would call halt and they coult
tunity to present their case in full
been a miserable failure" shouted MT
Vertrees. ''This Is their last chance
| their last hope-that they can get {
man on the stand who cannot by him
self present the case in orderly fashion
so that they can harass him, In TIT
hope that something may be draw
from him TO bolster up q failing cause.
| At 2:45 pm, the committee went int
executive session again to conside
whether Mr.. Ballinger should be callet
! ct this time The committee continued