Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-25
SAYS LAWYER IN
COAL CLAIM SUIT
WAS INCOMPETENT
Governments Case Was Thrown
Away, Says Witness in Hear
ing-PinchOt TO Testify.

WASHINGTON. Feb. 25.-The Ball
ingcr-Pinchot inquiry took an unex-
pected turn today. when Special Agent
Horace 4. Jones, of the land office, took
the stand for the prosecution and
made a sensational attack on James
N. Sheridan, who was sent by the land
office to Seattle last year to take charge
of the governments case in hearings on
the Cunningham coal claims in Alaska.
Jones declared that Sheridan had been
graduated in law only a year or two;
that his conduct of the case was in
competent. and that he had opposed to
him two of the leading lawyers OF
Seattle. After testifylng for an hour
or more as to Sheridan's conduct of
the case and giving instances from
which he wished the committee to draw
its conclusions, Jones aid that he did
not desire to criticize Sheridan in any
way. lie said that Louis Il. CLAWS
was not a lawyer, but knew more law
han Sheridan did, and he thought 1t
was a reflection upon CLAWS for the
land Office to send Sheridan out there
to take charge Of a case which CLAWS
had worked UP,
Under cross-eXalnination Jones y
peared defiant and aggressive to men1-
bers of the committee and counsel alike
and said he did not care What infer
ences were drawn from his testimony.
His examination became 50 prolonged
that it soon became apparent the ques-
tioning OF Clifford Pinchot, deposed for.
ester. VINO was waiting all morning to
testify, could not be reached until late
this afternoon.
-. 4-.s
Jones first corroborated what Claws
had testified to as to the statement
made by Donald A.. Mckenzie that the
reason James Il. Garfield wasn't re-
tanned in Mr.. Taft's cabinet was be-
cause of his hostility to the Alaska
coal claims. Mckenzie, according to
affidavit introduced, said that he
talked with Mr.. Garfield in Washing
ton and that his hostility to the Alaska
claims was such that they brought
pressure to bcar upon senators and
others to prevent his being retained
in the cabinet, and thar was the reason
he was not retained by President Taft.
They wanted someone in the cabinet
who understood the needs of Alaska"
The witness next turned his atten-
tion to Sheridan. He declared that he
attempted to assist Sheridan, but the
latter wouldn't listen to anything
"He just went in and at the begin
ming of the hearing threw the Gun
bingham journal and all our affidavits
on the table and said that was a prima
facie case. The other side immediate,
~ asked for a recess, during which
they examined all our evidence, every
bit of u ease, and then when we re-
sumed the hearing the witnesses all
denied that they meant what they said
in the affidavits. Sheridan's conduct
was such as to give the other side the
advantage of knowing in advance all
the evidence we had
Jones said ii would have been absurd
for a claimant to say that he had not
intended to combine with others, for
II would not have been possible for any
ono to work a single claim of 1850 acres.
Representative DENLY. ''Then why
should any one take up these claims if
they ant work them themselves, and
it is unlawful to have an intent to
combine With others?'
That's what I've been trying to find
out replied the witness.
Attorney Brandeis said he had re-
ceived from the forestry bureau a copy
Of the record of the Cunningham hear
ings and lie desired to introduce 1t in
evidence to "shoW the incompetency of
Mr.. Sheridan to conduct so important
aG case"
Senator Root declared tia where
there was a general charge Of this
character the whole record ought to be
printed. you have made a charge and
avery serious charge against Mr.. Sher-
idan and the whole record of his con-
duct of the cases should go in he said.
1t was so ordered by the committee.
DO o mean to charge that Sheri-
dan was incompetent or corrupt?' de-
manded Senator Nelson of the witness.
II think he was unwise in his con-
duct of the case. | think he is bright
and competent. / don't believe he was
corrupt"