Omaha daily bee., 1910-03-27

Continued from First Page.)
Steele's testimony He will testify when
we see fit to put him on"
"Then with that statement in view,
desire to protest anew" resumed Mr..
Brandeis. Il have refrained from making
specific charges against Mr.. Ballinger
But specific charges have been made by
others. The one great question before this
COMMITTEES and before the country, is
whether or not Mr. Ballinger is unfit to
occupy his position by reason of a lack of
! truthfulness and directness. Mr.. Ballinger
has been charged by Mr.. Pinchot and by
witnesses produced by him with wilfully
deceiving the president and having made
statements that are untrue"
Interruption by MIR. Root.
ITO what proposition are you speakingY'
interrupted Senator Root.
'The order and circumstances under
which Mr.. Ballinger is to testify are of
paramount Importance" replied Mr.. Bran
deis, where veracity and straightforward
ness are the issue. Why should he be pro-
tected from those ordinary tests of veracity
to which other witnesses are subjected. Is
he to be allowed to withhold his testimony
and so frame It as to reconcile 1t with
other testimony that is first 10 put imp
Here the attorney was stopped again.
This Is an investigation. not an inquisi-
tion." said Senator Sutherland '"The com
mittee has reached decision which II be-
lieves to be right and fair
THE committee" added Senator Root,
agreed on this point and announced its
decision. You are not showing proper re-
spect for the unanimous decision of the
committee"
Graham Objects to Delay
Representative Graham thought Mr.
Brandeis should be allowed to proceed as
indicating what his summing up argument
would be.
after he has indicated his purpose" said
Mr.. Graham, 1T remains for the other
side to decide whether 1t will take the
sting out Of the argument by calling Mr..
Ballinger at this time"
Senator Flint declared he would not sit
. a minute to listen to arguments at this
stage Of the case. He said he was sacri-
ficing his personal interests to serve on
the committee, but would withdraw from
1t II it became necessary to listen to such
arguments as proposed by Mr.. Graham at
this time.
This ended the argument. Mr.. Brandeis
subsided
John L. Steele, attorney for the Guggen-
helm interests in Alaska, took the stand.
Another Can for BAIIinRer.
When the afternoon session was begun
Attorney Brandeis made another attempt to
have Mr.. Ballinger take the witness stand
at once. He did not think the secretary
should first put other witnesses before the
committee. Mr.. Brandeis also said he could
not say his case was closed until after he
had had an opportunity to examine Mr..
Ballinger.
Mr.. Vertrees replied to Mr.. Brandeis at
some length. He declared that Brandeis
and the other counsel were present and con-
Quoting what would ordinarily be con-
sldered the prosecution only by sufferance
Of the committee and it was for the com
mittee to 6/Eermine its course and not Mr..
BTandeis.
Mr.. Vertrees declared that counsel for
Secretary Ballinger had offered no objee-
tion to the methods Of the prosecution or
OF any so-called evidence they had put in.
He asserted that "the other side'' had come
to the hearing with lips protesting no
charges, but with tongues leprous with
defamatory accusations" No objection had
been offered to facts. inferences. insnua-
tions or anything else.
MIR. Vertrees said not only the secretary
of the interior, but the president had been
assailed in the proceedings, and he asked
the poor privilege OF presenting our evil
dence in that manner which would put
it most clearly to the committee for final
determination"
The attorney asserted that the lawyers
on the other side had by Labelling nonsense
as evidence" tried to tire out
and vex the committee so It would call a
halt and they could set up the cry Of hav-
ing had no opportunity to present their
case in full
''The assault Of Mr. Baliinger has
been a miserable failure" shouted Mr
Vertrees. This is their last chance-their
last hope-that they can get a man on
the stand who cannot by himself present
the case in orderly fashion. that they
can harass In the hope that something
! may be drawn from him to bolster up a
failing cause"
At 2;45 D. m. the committee went into
executive session again to consider whether
Mr.. BaIlInger should be called at this
time. The committee decided. for the sec
, ond time against sUmmoning Mr.. Ballin
ger, In accordance with Mr.. Brandeis' re-
quest The vote against calling Mr. Bal
linger was to 8,
!. Mr.. Vertrees here called upon Mr.. Bran
5 deis TO produce the copy OF the agreement
9 between Louis CLAWS and W. w. Barr a.