The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-05-17
Former Clerk Calmly Gives
Testimony That Is
Sensational.
SAYS F. H. NEWELL
WAS SLATED TO GO
Declares He Was Confidential
Clerk 70 Government, Not to
the Secretary"

/ 4 y-four-yeaT-oid man. slim and
/ boyish-Iookipg. from the witness stand
4 OF the Congressional investigation com
mittee today charged Richard A Bal
+ Iinger, Secretary OF the Interior. with
: having sworn falsely under oath
The man was Frederick NJ Kerby.
dismissed yesterday from mis- post as
( ste1OgTapheT 10 BaHinger as a result
+ Of his Amazing revelations IN regard 20
f the preparation OF the Presidents let
| ter on September Is. 1903. generating
! BalIinger, as published exclusively IN
/ The Times on Saturday.
Picks Out Flaws
1 Before the luncheon adjournment OF
/ the committee. Kerby was requested by
/ Representative James to carefully pick
+ out all Of the statements made by Bal
/ linger when on the stand recently.
which he CKerby) could swear were un-
F true. Kerby promised 70 Go so.
/ The former clerk told his story with
/ an earnestness Of manner that carried
conviction. Leaning forward tensely.
he gave a graphic recital OF the prep
aration OF a draft Of the BaHinger ex-
( oneration letter By Assistant Attorney
! General oscar LawIer trat at times al
most caused applause II the crowded
/ hearing room
/ He was cool. collected and emphatic
1 in his answers 10 the griiIing examina-
( ton OF Attorney Vertrees. as well as 70
/ the artful pitfalls laid for him by such
? Tr-a
/ land and Chairman Nelson. OF the com
mittee
Briefly summed I'D. Kertv reiterated
+ even more emphaticaIly than before the
/ exact facts as carried in The Times
! Saturday afternoon.
New Facts Out.
More than tnaJ. on invitation Of Rep
| representative DENLY. he brought ont
some bran new facts bordering on the
/ sensational
He declared that BallinEer's CORE
/ sDondeuce indicated - him CKerbv)
that he came in office as Secretary Of
the Interior with the avowed purpose
] OF dischargins F. II. Newell. director
Of the Reclamation Service, and has
made a written O1Ter OF that place 20
r 5. Thompson, city engineer OF Seat
tie
He declared that his determination to
make the facts public vas due to sew
eral facts-that Ballinger. on the stand
had denied knowledge Of things OF
/ which he CKerby) knew he had knowI-
edge OF; that L.awler had written a let
ter TO the committee stating that no
{ copies OF the memorandum or draft Of
/ The Presidents letter OF September 19
which he prepared, were retained
/ which. as kerby put IL, was perhaps
technically true, and that he felt that
MS loyalty to Ballinger as a confidential
clerk was OvertOpped by the loyalty
ne had 20 the people Of the United
states. and their right 10 know ali the
/ truth.
Cites Letters.
In addition, he cited passages in Bal
fingers letter, where the Secretary had
courted the fullest and freest investi-
cation, and had offered his office and
personal files
He swore that Notwithstanding de-
inials b. different officials that there
had been no copies Of the Lawler draft
retained, that he was morally certain"
t1aL I'D until mOILh ago, Private
Secretary Carr had one OF these IN his
desk He also asserted that when calls
had come from the investigating COM
TEittee for ali papers which had passed
between the officials Of the Interior
Department and the Attorney General,
which would have included the Lawler
memorandum, that Massey, a fellow
StenOgrapher with herby in Ballinger s
office, had said 70 Car. You know
what that means2'' Kerby said Carr
answered, Yes, and hey Will have q
hard time getting it"
Chairman Nelson, after placing in
the record the Presidents letter Of
May 1e, IN reply TO the Kerby charges,
asked that Mr.. HeFby himself be call
ed TO the stand Brandeis requested
to have brought IN as evidence the
kerby affidavit and the denial issued
May IA by Private Secretary TO the
President Carpenter, but was denied
BY Chairman Nelson
Kerby Takes Oath.
Kerby took the oath with a firm voice.
Attorney Vertrees was asked by Chair
man Nelson TO examine him Kerby
stated that he was clerk, class four.
in the Secetary's office
"A confidential clerk?'' asked Yer
trees
Occasionally we handled confidential
matters" Kerby answered.
Further in response to a question why
he felt called upon 70 give out con
I fiJi51zz.ssl Information, Kerby said:
J Il considered that my position as one
, OF the clerks in the Government service
was net as q confidential clerk to the
Secretary but confidential clerk TO
I the Government
He said he had not considered fl
necessary TO give up documents hereto
; fore, and that the I,awier memorandum
was the first and only case.
Sees Garfield
The witness admitted That he was very
friendly with former Secre AIRY Garfield
but denied that he had received any
communications from Garfield in regard
, to his statement Asked whether he had
! seen Garfield, he said ths.t between
: February 10 and Is he sought a con
+. ference with Garfield. who was then II