Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-19
Atty. Vertrees Announces He Did
Not Care to Cross Examine
CLAWS Any Further.
NEITHER DID PROSECUTION.
Henry NJ. Hoyt, Ex-U. S. Attorney at
Nome From 1904 to 1907, Praised
Glavis's Work

Ballinger- -Pinchot hearing by announc-
ing that he did not care to cross-ex-
anime Louis r. CLAWS any further.
Henry NJ. Hoyt. encouragement of
Porto Rico. was called as the second
witness for the prosecution"
When the committee adjourned late
yesterday there was no indication that
the examination OF CLAWS was ap-
preaching an end. He had not been
questioned as to his many CONVERSE
tions with Mr. Ballinger. especially
the one in which CLAWS declared Bal
Iinger asked him not to press the In
vestlgation of certain coal claimants
until after the campaign in 1908. Mr..
Vertrees, however, had followed tactics
throughout of jumping from one part
of the witness story to another and
back again.
When Mr.. Vertrees announced the
close of the cross examination. Atty.
Brandeis said he desired to make no
redirect examination.
H. NJ. HOYT CALLED
Mr.. Hoyt then was called. He said
he had been U. S. attorney at Nome.
Alaska. from 1904 to 1907. After that he
was q special assistant in the depart
ment of Justice until he was appointed
attorney general of Porto Rico Mr..
Brandeis first questioned the witness
as to his knowledge of Glavis's serv-
Ices to the government.
"His work always was of very high
order" replied the witness. Il knew
him intimately. His work was
thorough and intelligent"
CROSS S-EXAMINATION.
This ended the direct examination.
On cross examination Mr.. Hoyt said
the suggestion as to leaving out Mr..
Balllngers name was entirely his own.
He said from his conversation with
CLAWS he had drawn the conclusion
that the Cunningham claims were
much more extensive than he after
ward learned The escrow agreement
was never produced in the Wilson case
Mr. Hoyt said his recollection of the
incidents was haZy: that the court rec
ord would be the best evidence,
When CLAWS frat .caiDssto him. about
the Pierce decision, HoyS said. he had
suggested that Horace D. Taft, a
brother OF the president was an old
friend of his, and he thought that
through him the matter could be got
to the president. For one reason or
another. it was decided to go direct to
the Encouragement.
Mr. Hoyt was on the stand a little
more than an hour. When he was
excused Mr. Brandeis began to offer
In evidence a number of papers includ-
ing field agents daily reports. re-
Gently received from the interior de-
partment.
In one of the letters read. Special
Agent II. K. Love, under date of April
16, 1908. took Issue with the land Office
as to the clear-llsting of the Cunning
ham claims. Love said his report of
August 2. 1907. did not clear-list the
claims but raised a question as to
their regularity. although 1 had pre-
vlously clear-listed them"
The witness was next questioned as
to the circumstances leading up to his
visit to Atty. Gen. Wickersham, at the
request of CLAWS. to protest against
the Pierce Interpretation of the coal
land act Of 1908. Mr.. Hoyt detailed
visit CLAWS made to him and of his
complaint that under the Pierce de-
cision the Cunningham claims surely
would 60 to patent.
II told Mr. Wickershnm." continued
Hoyt. that I had become interested in
the matter to save the administration
from what 1 considered a very serious
mistake"
Mr.. Hoyt said he and Claws felt that
Mr.. Wickersham would reach conclu-
sions different from those of Mr.. Pierce.
II told the attorney general" he went
on. that i had worked with Mr.. CLAWS
and knew him to be an honorable and
upright young man: that l would be
entirely accountable for him. 1 also
said that Glovis knew he was doing an
unusual thing in going over the heads
of his superiors. but that he would let
h, Q AI,.
agreed with Mr.. Pierce. said I did
not think that lands of the value OF
the Alaska coal fields should be al
lowed to pass from the government on
the opinion of any less official than
that of attorney general; that other
wise there would be n big scandal Mr.
Wickersham agreed that he should act
on the matter and said he would nx 1t
up with AIR. Ballinger. He said he
would also say something for Claws:
that the inspector had been over
Jealous. perhaps"
WILSON COAL CASES.
The witness was asked about his
knowledge Of the stipulation In the
Wilson coal cases wherein 1t was
agreed that Mr.. Balllnger's name as
attorney in drawing up an escrow
agreement was to be left out OF the
government i'm this case.
Watson Allen. an old man. was the
witness who said an agreement had
been drawn up in Mr.. Ballinger's Of
fee" said the witness. After getting
his statement l suggested to counsel
on the other side that Mr.. Balllnger's
name be left out of the record. said
that Mr BnlliHger at that time was
commissioner OF the land Office and
II his name appeared. uniformed pco-
pie might draw the conclusion that
Judge Ballngcr had been mixed up
in some fraudulent deal. The attorney
for the other side. Mr.. Murphy. agreed
with me. but Watson Allen, In his tcs-
timony. did mention Mr.. Ballingcr's
name several times"
Did you ever try to get that escrow
agreement from Judge Ballingers Of
fice?" asked Mr. Brandeis.
yes, we won't 20 his Office and saw
one of his partners. He said he did
not know OF any such agreement.
Sometime afterward we were informed
that thorough search had failed TO