The San Francisco call., 1910-05-18
.LAWLER PASSES
lie DIRECT TO
AID BALLINGER
Author OF Memorandum In
tended to Exonerate Secre=
tary Denies Evasion
Frederick M. Kerby, Stenogra-
pher, Contradicts Testimony
of Cabinet Officer

WASHINGTON, May IA day filled
with interesting episodes reached an
exciting climax in the BaIIinger-Pin-
chot investigation late today when AS
sistant Attorney General Oscar awler,
author of the now famous Lawler
memorandum. rose wrathfully from the
witness stand and accused Attorney
Brandeis of uttering a deliberate un-
| truth.
Then. after he had been rebuked by
several members of the committee,
Lawler withdrew his remark and apollo
gized to the committee.
Lawler was called to the stand by
the defense" to explain the circum-
stances under which he had prepared
for the president a memorandum con-
tanning his opinion on the charges filed
by Special Agent CLAWS against Sec
retary Ballinger.
BALLINGEB CONTRADICTED
Several hours had been consumed in
the examination of Frederick NJ Kerby.
the stenographer in BalIinger's office,
discharged yesterday because he made
public confidential Information relating
to the I4awler memorandum.
kerby was called Unexpectedly by
Chairman Nelson that he might give
sworn testimony about his published
statement. which Attorney Brandeis.
representing Pinchot and CLAWS, had
endeavored to have printed in the
record with the presidents letter OF
last Sunday
Directly contradicting Secretary Bal
llngers testimony before the commit
tee, kerby said that his former superior
knew about the preparation of the
memorandum and participated in a
conference on the subject. Further
| more. he said that Lawler had told
Private Secretary Carr in his presence
j that ne had left a copy of the memo
randum with Ballnger
LAWLER SHOUTS "FALSEHOOD,
Under cross examination by Brandeis
lLawler was referred to various re-
quests for the document and informa
! tlon bearing on it, which the attorney
had sent to Ballinger through the com
mittee Lawler had informed the sec
retary in each instance that he had
suppiled all the matter bearing on the
| CLAWS charges "in his possession"
Didn't you discuss with Carr the
obvious purpose of my requests?"
NO sir
Didn't you discuss with Carr how
you, could evade my requests?"
No"
Didn't you know you were evad-
That statement is an absolute false
hood by you, SIR shouted the witness
jumping from his seat and facing his
inquisitor with flashing eyes
APPEAL. TO COMMITTEE
Brandeis instantly appealed to the
committee to reprimand the witness.
If my remark has been offensive.
withdraw it and apologize to the COM
mittee, said Lawler. Brandeis was
ination.
Lawler said that he had been asked
by the president to prepare an opinion
and that he regarded it as a confiden-
tial trust. He said that he had fur
nished to the committee all the infor-
nation he had felt at liberty to divulge
and did not think he had any right to
inform the committee that such a
memorandum existed.
Immediately after his return to
| Washington from Beverly last Septem-
Der, Lawler said, he began prepare ton
for his memorandum. The original
draft, he said. was completed without
consulting anybody.
SECRETARY WAS CONSULTED
When the draft had been typewriter
by Kerby and Massey. he added, he