Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-11
WITH CONCLUSION OF GARFIELD
EVIDENCE FoREsTER's SIDE
FINISHES.
SHOWING SUMMED UP
PRESENTS STRONG ARGUMENT
Evidence Produced That BaIIinser
Suppressed Material Facts Regard
ing Coal Lands, That CLAWS Told tho
Truth, and That BaIIinser Acted as
Agent For Cunningham Group.

Washington, March l0.-With the
Interior Garfield, who was on the stand
today in the Ballinger- Pinchot contro-
versy, the prosecution practically
will have concluded.
Thus far more than 1900 printed
pages of testimony have been taken.
Much Of the evidence has been circum-
stantial and depending largely upn in
ference for it's Interpretation. From
the oral testimony Pinchot's attorneys
express the belief they have establish
ed the following contentious, which it
will now be up to the Ballinger wit
nesses to disprove:
That Ballinger, both as commissioner
of the general land office and SUISSE
quently as secretary of the interior,
had more than formal knowledge" of
the Alaskan coal land Investigations,
successfully attempted to force these
claims to patents.
That, as commissioner, he directed
the final stop for securing the Cum
ningham claims estimated at roughly
to be worth s9O,000,O0O, notwithstand-
ing that few days before he had di-
rected CLAWS to make a thorough in
vestigation as to their fraudulency;
Furthermore, that while this step was
authorized Jan 4, 1908, CLAWS was not
notified until two days later, barely
in the nick of time to prevent con-
summation of the patents.
That this CLEAR listing" broke all
precedents in general land office pro-
cedure inasmuch as several Cunning
ham claims had not been even investi-
gated to determine their legality and as
the patents were written up in blank
and ready for signature within two
weeks after the ,"clear listing order
while it usually takes from three
months to three years to complete such
a transaction.
Material Evidence Suppressed.
That while a members Of the national
republican committee appointed to OBJ
tain contributions. Ballinger sought to
have CLAWS abate his activities until
certain interests involved in the Alas
kan cases should make their contribu-
lions.
That Attorney General Wickersham.
in presenting his report on the CLAWS
charge to the president, suppressed
material evidence.
That Attorney General Wickersham' S
criticisms that CLAWS procrastinated
and did not prosecute crirninally some
statute of limitation had begun te
run.-was unjusti1able because CLAWS
made this attempt and was refused as
sistance by the federal authorities.
That when hearings of the Cunning
ham cases came to trial, the land office
appointed to handle the governments
case Special Agent Sheridan, an mex
| perienced and inefficient law student
graduate.
That when CLAWS explained to Bal
linger his intention of obtaining the
affidavits of certain clergymen who
were claimants for Alaskan lands, Bal
| linger asked him not to do so.
| That just before leaving the commits
sionership of the land office Ballinger
| appeared before the public lands COM
! mittee of the house in favor of the
: Alaskan coal land bill. which the
! prosecution" maintains, if passed
i would have validated the Cunningham
claims.
| That, having full knowledge as COM
missioner of all the Alaska coal cases
Ballinger should not have acted subse-
quently as counsel for Alaskan coal
claimants. The prosecution" contends
] that this action is in violation of the
statute which forbids a public officer
acting as attorney in any case in
volving claim against the United
States, within two years after severing
connection with the government.
BaIlineer Attorneys Score.
| The Ballinger attorneys have already
| scored one victory in forcing from
Pinchot the admission that practically
all his evidence was not obtained first
hand. but was series of differences
and conclusions" based, as the attor-
news for the defense" contend, on
| hearsay testimony which a court of
| law would exclude.
bennett BalIinger Letters.
At the afternoon session Attorney
Brandies introduced in evidence a