Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-19
HOy,T ON THE STAND
Vertrees Closes CrosS-Exam-
ination of CLAWS.
ACTION CAUSES SURPRISE
Attorney General of Porto Rico
Called for the Prosecution"
BALLINGER-PINCHOT INQUIRY
Witness Says Ballinger's Name Was
Omitted in the Wilson Gases
at His Suggestion.

4 ~ Tic Joiie COIuIIlllIee Dy
announcing that he did not care to cross
examine Louis r. CLAWS any further
Henry NJ. Hoyt, attorney general of Porto
| Rico, was called as the second witness
| for the prosecution
When the committee adjourned late YES
| terday afternoon there was no indication
that the examination of CLAWS was ap-
| preaching an end. He had not been ques-
toned as to his many conversations with
Mr. Ballinger. espectally the one in which
CLAWS declared 0f. Ballinger asked him
not to press the Investigation OF certa n
coal claimants until after the campaign
| in 1908. Mr.. Vertrees. however, had fol-
lowed the tactics throughout of jumping
from one part of the witness story to
| another, and back again.
when Mr.. Vertrees announced the close
| or the cross-examination ATTORNEY
Brandeis said he desired to make no re-
direct examination
Hoyt Praises CLAWS.
Mr. Hoyt then was called. He said he
had been United States attorney at Nome
Alaska, from 1904 to 1907. After that he
was special assistant in the Depart.
ment OF Justice until appointed attorne,
general of Porto Rico. Mr.. Brandeis frs
questioned the witness as to his knowl
edge of CLAWS services to the govern.
ment.
HIS work always was of very high
order, replied the witness. Il knew him
intimately His work was thorough ano
intelligent
The witness next was questioned as re
the circumstances leading up to his visit
to Attorney General Wickersham, at the
request of Claws. to protest against the
1'lerce Interpretation of the coal land acl
of 1903.
Mr.. Hoyt detailed a visit CLAWS made to
him, and of his complaint that under tn.
Pierce decision the Cunningham claims
would surely go to patent.
Wanted to Save Administration.
II told Mr. Wickersham," continued
Hoyt. that 1 had become interested in
the matter to save the adm.nistra ton
from what 1 considered very serious
mistake"
Mr.. Hoyt said he and CLAWS felt that
Mr.. Wickersham would reach conclusions
different from those of Mr.. Pierce
Il told the Attorney General he went
on. that had worked with Mr. G:avis
and knew him to be an honorable and up
right young man; that would be entirely
accountable for him. | also said that
CLAWS knew he was doing an unusua
thing in going over the heads of his su-
periors. but that he would let the matter
drop if Mr.. Wickersham agreed with Mr..
Pierce. i said / did not think that lands
of the value of the Alaska coal fields
should be passed from the government
on the opinion of any less official than
the Attorney General; that otherwise
there would be big scandal Mr.. Wick
| ersham agreed that he should act on the
matter and said he would fix it I'D with
Mr. Ba linger. He said he would also say
T, something for CLAWS: that the boy had
been overzealous perhaps"
Omission Of Ballinger's Name.
| The witness next was asked as to his
knowledge of the stipulation In the viii.
| SON coal cases wherein it was agreed
that Mr.. Ballingers name as attorney fr
drawing up an escrow agreement was te
! be left out of the record. Mr.. Hoyt was
counsel for the government In this case.
| watson Allen, an old man. was the
| witness who said an agreement had been
drawn up in Mr.. Baliinger office" said
the witness , After getting his state
the other side that Mr.. Ballinger's name
| be left out of the record. l said thai
Mr.. Ballinger at that time was com
missioner of the land office. and. if AIS
| name appeared, uninforme people might
| draw the conclusion that Judge BaIlinger
| hae been mixed up in some fraudulent
| deal. The attorney for the other side
Mr.. Murphy, agreed with me, but Watson
Allen, In his testimony, did mention Mr.
| Ballingers name several times.''
| did you ever try to get that escrow
agreement from Judge Ballingers office? %
| asked Mr. Brandeis.
] Yes. we went to his Office and saw
| one of his partners. He said he did not
| know Of any such agreement. Some
! time afterward we were informed that a
| thorough search had failed to reveal the
| agreement
This ended the direct examination.
Hoyt Cross-Examined.
On cross-examination Mr.. Hoyt said
the suggestion as to leaving out Mr.. Bal
fingers name was entirely his own. He
said, from his conversations with CLAWS.
he had drawn the conclusion that the
Cunningham claims were much more ex-
tensive than he afterward learned. The
| escrow agreement was never produced
| in the Wilson case. Mr.. Hoyt said his
recollection Of the incidents was hazy:
that the record would be the best evil
dence.
When Claws first came to him about
the Pierce decision, Hoyt said, he had
suggested that Horace D. Taft, a brother
of the President, was an old friend OF his.
and he thought. through him. the matter