Los Angeles herald., 1910-05-18
.LAWLER GIVES THE
LIE TO BRANDE|S
Accused of Evasion, Angeleno
Cries That Is an Absolute
FaISehood!
is TAINTED INTO A RAGE
Assistant Attorney General Re-
fers to PinChot and Gar
field as Foul Flock
is TAINTED INTO A RAGE
Associated Pressl


WASHINGTON. May IA day
filled with interesting episodes reached
an exciting climax in the Ballinger-
Pinchot investigation late today,
when Assistant Attorney General
Oscar Lawler, author of the famous
Lawler memorandum, rose Wrathfully
from the witness stand and accused
Attorney Brandeis of uttering a de-
liberate untruth.
Then, after he had been rebuked by
several members of the committee. Mr.
Lawler withdrew his remark and apol-
ogized to the committee.
Mr.. Lawler was called to the stand
by the defense" to explain the cir
cumstances under which he had pre-
pared for the president memorandum
containing his opinion on the charges
| filed by Special Agent CLAWS against
Secretary Ballinger.
Several hours had been consumed in
the examination of Frederick M.
Kerby, the stenographer in Mr.. Bal
lingers office. who was discharged yes
terday because he made public in
! formation relating to the Lawler MEM
| orandum.
Mr.. Kerby was called unexpectedly
| by Chairman Nelson, that he might
give sworn testimony about his testi-
mony which Mr.. Brandeis had en-
deavored to have printed in the record
with the presidents letter of last
| Saturday.
Directly contradicting Secretary Bal
linger's testimony, Kerby said his
former superior knew about the
preparation of the memorandum and
participated in a conference on the
subject Furthermore, he said. Lawler
had told Private Secretary Carr in his
presence that he had left copy of the
memorandum with Mr.. Ballinger.
TAINTED INTO RAGE
| Under cross-examination by Mr..
| Brandeis Lawler was reminded of
various requests for the document and
| information bearing on it, which the
attorney had sent to Secretary Ballin-
ger through the committee. Mr.. Law
Ter had informed the secretary in each
instance that he had supplied all the
matter bearing on the CLAWS charges
''in his possession"
Didn't you discuss with Mr. Carr
the obvious purpose of my requests?"
mo, sir"
Didn't you discuss with Carr how
you could evade my requests?"
mo"
Didn't you know you were evad-
! ing"
THAT statement is an absolute false
hood by you, sir" shouted the wit
ness, jumping from his seat and facing
his inquisitor with flashing eyes.
Mr.. Brandeis instantly appealed to
| the committee to reprimand the wit
| ness.
"If my remark has been offensive, I
! withdraw it and apologize to the COM
mittee," said Mr.. Lawler.
Mr.. Lawler said he had burned the
| original draft of the memorandum he
! had prepared for the president.
"I was confident" he said. that
| 'gumshoe' men had been on my trail
for months and 1 knew there were no
depth of degradation to which they
would not stoop. 1 was afraid some
one in the office might be corrupted
as Kerby has been corrupted"
| BLAAIES FOUL FLOCK
Asked who he thought were behind
the "gumshoe' men, Mr.. LaWler de-
| clared dramatically
7 James r. Garfield, Clifford Pinchot,
William Hapgood, a man named Con-
nelly and that man there
"You mean Mr. Brandeis?"
Eyes. He came in later. He's the
| flower of that foul flock"
This reference to the champions Of
conservation caused an uproar among
! the spectators, most of whom were wo-
men. and there was some Kissing.
The witness said he gave two copies
of his memorandum to the presidents
| secretary and one to the attorney gen.
eral and had not given one to Secre-
! tary Ballinger. He produced the orig
! inal which he said he had obtained
! from the White House Saturday morn
| ing.
Confidential letters which passed
between Secretary Ballinger and r. P.
Thomson, city engineer of Seattle. last
spring and summer We're read by Stem
ographer Kerby to bear out his con-
! tention that Thomson was not fit
man TO be director of the reclamation
service
The committee declined Mr.. Bran
des' request to have made part of
! the record the statement issued from
! the White House last Sunday denying
there was any foundation for the
Kerby statement Senator Root
charged Mr.. Brandeis' whole line OF
inquiry was a covert attempt to drag
| the president into the investigation,
to which Mr.. Brandeis replied it was
material to the investigation as tend
| ing to show that the presidents letter
generating Ballinger was prepared in
such haste that it was mot judicial
| in its nature but was extremely par
| tisan."