The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-05-20
DEFENSE RESTS IN
BALLINGER CASE
(COBtInued from Page OneJ

| Brandeis said he had reason to be-
lieve had passed between Ballinger
and George w. Perkins OF j. +. Nor
| gan e Co.
| Brandeis then called Frank l..
| Spaulding, formerly a stenographer
in the Office OF CLAWS when he was
chief of the field service at Seattle
i Spauding testified that at one time
he took some papers and other docu-
ments to the storage room in the
| Seattle federal building where Claws
effects were stored. He said that he
saw the boy in which CLAWS goods
had been placed.
You have heard Of the Missing
| Cunningham letters?" asked Bran
deis.
Yes sir" answered Spaulding.
And they might possibly have been
among the papers which you took up
| in the room where CLAWS effects were
stored?"
Yes, sir" replied Spaulding. They
might have been, | don't know
This referred to the charge by the
| defense" that CLAWS distracted Of
fetal documents.
The twelve congressional jurors in
the Ballinger- Pinchot trial will vote
seven to five for the 'acquittaf OF
Secretary OF Interior Ballinger.
This Is the prediction OF those who
have followed the case carefully. Sen
ator Root will cast his vote, although
having left Washington yesterday.
Undoubtedly the minority will protest
against this move, but they will like
/ ly be outvoted by the majority on that
point.
Rep. Madison, the Republican in
surgent from Kansas. II is believed,
will write the opinion Of the minority
that Is Senators Fletcher and Pur-
cell. and Representatives James and
| Graham, all Democrats. There is a
possibility, however, that Rep. Ora
ham. who is best fitted Of all the
Democrats, will write an extremely
partisan and drastic opinion against
Ballinger, which will represent the
sentiment of those of his party, and
Rep. Madison may write a separate
opinion against the Secretary.
Brandeis said today he would be
ready to close his side in half day,
II the defense" produced nothing
further. He is inclined to let his case
rest where 1t stands.
In rebuttal Brandeis, however, may
call f. p. Richardson, Special Agent
Arthur Bowman, and possibly l.. X.
CLAWS. He has limited also that he
NAV recall Secretary Ballinger in view
| OF Stenographer Keroy's revelations
concerning the LawleT draft, and Bal
fingers testimony which kerby as
sailed. Rep. James has intimated his
desire to put the question whether
Balllnger swore falsely regarding this
matter.
Brandeis may also call James G.
Massey, the stenographer who assist
ed Kerby in preparing the "Lawler
draft" Some weeks ago the commit
tee assented TO a statement by Bran
deis that the attorney-general might
| be called, but whether Brandeis VIII
insist upon this in view Of recent de-
lvelopments is uncertain. He has also
| intimated a desire to summon George
w. Perkins, OF j. P. Morgan & Co.
II seems equally certain that the
committee will not announce its YER
dict until next December, the major
fly fearing its effect on the election.
! The defense" believes 1t has traced
! the back from Elba" movement TO
Its origin, through the testimony Of Z.
| T. Perkins, engineer In charge OF the
| Chicago Office of the reclamation ser.
vice, that about July Is, James X.
| Garfield, Clifford Pinchot and Thomas
r. Ship, for the conservation asso-
citation, gathered at West Mentor, o.,
/ for the purpose of bringing pressure
to bear on Secretary OF the Interior
| Ballinger TO retain Il. II. Newell as
head OF the reclamation service"
! Perkins said he acquiesced in that de.
sire and aided to big extent. He re.
ceived a number of letters to and from
/ Ship, and Pinchot. II was In one OF
these that Pinchot mysteriously men.
toned that his mission with Newell
had failed. Perkins professed ignor.
ance of what that mission was. He
testified that Newell had acquiesced
in the efforts of his friends to keep
him at the head of the service.
The conspiracy" evidence was in.
/ terrupted by Senator Purcell. who got
Perkins 10 admit that II didn't seem
that Garfield. Pinchot or any OF the
others we're "conspiring" He said he
agreed with them that Newell should
be retained and joined the combina-
ton" insomuch as he subsequently got
la number OF influential persons
to write to Ballinger commencing
Newell.
"A political conspiracy Is one of
the main features of the argument by