Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-20
INQUIRY NEARS END
Corroborative Evidence and
Pinchot Statement to Be Next.
PROSECUTION THEN CLOSED
CLAWS Cross-Examination Conclud-
ed-Henry Hoyt Tells of Wick
ersham Interview.

The case for the prosecution in the Ball
linger-Pinchot inquiry has practically
been closed.
When the committee adjourned ycster-
day afternoon until Friday next, Mr..
Brandcis stated that there was SOME cor
roborative evidence yet to be produced.
Clifford Pinchot probably would want ia
make a statement, he said. before ha
could announce that his case was ended.
Mr.. Pinchot was TO have taken the
stand yesterday afternoon. He could not
be found during the luncheon recess.
Hoyt Corroborates CLAWS.
The days proceedings began With tie
unexpected announcement that the cross
examination of Louis X. CLAWS was
ended. Henry NJ. Hoyt. attorney general
fer Porto Rico, MAS called to the stand to
corroborate that portion of Claws testi-
mony in which he told of seeking tho adj
vice of Mr.. Hoyt. in Washington In May.
1909, after First Assistant Secretary OF
the -n-erior Pierce had rendered an opin-
Ion which CLAWS thought would permit
the Cunningham claims in Alaska to GO
to patent.
Mr.. Hoyt told of how deeply worried
Giavis seemed to be at this ime. Before
gong TO Attorney General Wickershanl
said Mr.. Hoyt. he and CLAWS had .is-
cussed the advisabilitv of taking tie mat
ter up directly with the President.
Mr.. Hoyt also testified To the good char
acter or CLAWS, saying he had known him
for number of years, and that he had
told the Attorney General that Claws
was an honorable, upright young man.
Hoyt Suggested Omission.
The only other phase of the case to
w Ar III.
had to do with the Wilson coal land
cases, in which he had acted as special
attorney for the United States. CLAWS
testified that he had heard that the
name of r. 4 Ballinger. as attornoy
for some Of the Wilson claimants. nal
been left out of the court record By
stipulation of counsel
Mr.. Hoyt said it was at his personal
suggestion. and without the knowledre
of Mr.. BaIlinger, that the stipulation
had been entered into. AS a matter OF
fact, however. Mr.. Ballinger's name did
appear fifteen or twenty times in the
testimony given.
Mr.. Hoyt said a search had been made
for the alleged escrow agreement
which Mr.. Ballinger is said by CLAWS
to have drawn up, and which, accoI dim,
TO CLAWS, constituted a criminal act
but that it could not be found The
an informal statement by one of the
witnesses who at the trial denied the
existence of such an agreement
The remainder of the day was taken
up with the introduction of document
airy evidence by Mr. Brandeis, who read
such extracts as he considered of pc
culiar interest to the committee. These
consisted largely Of references in the
agents reports to conversations or in
terviewS with Mr.. Ballinger as COM
missioner Of the land office. on the sub
ject of the Alaskan coal land claims.
To Show Ballinger's Interest.
This was done, the attorney said, to
show that Mr.. BalIinger had been
actively interested in these cases before
he left the land office and acted as at
torney for some of the claimants.
He also read from a statement by IL
H. Schwartz. chief of the field service.
that it was at Mr.. Ballinger's direction
in January, 1908, that the Cunningham
claims were ordered to be clear listed
for patent This order was withdrawn
after CLAWS had been notified and had
protested.
Mr.. Brandeis accompanied the intro
duction of the documents with a sort
or summlnS-up statement, in which he
said 1T was claimed Mr.. Ballinger mad
acted on a favorable report by Special
Agent Love. He then read letter from
Love to Commissioner bennett of the
land Office in which Love denied thai
his report of August >, 1907. favored
the clear listing of the claims.
This report, he said, suggested the ai-
visibility of further investigation, al
though previously he had recommended
clear listing.
Understands Omission Noted.
At the afternoon session Mr. Brandeis
called attention TO the fact that Attor-
ney General Wickersham. in his repor:
to President Taft on the Ballinger case,
made no reference whatsoever to the
fact that Attorney General Hoyt had
called on him with Mr.. CLAWS with the
request that he act on the law of 1908
rather than leave its Interpretation to
subordinates of the Interior Depart
ment.
He also read from Mr.. Baliinger's
statement the following:
CLAWS is entirely in error in assum-
ing that his conversation with the At
torney General had any effect upon the
matter being submitted TO the Attorney
General"
Don't you think you had better read.
what follows also: suggested Senator
Sutherland.
Mr.. Brandeis then read this state
ment from Mr.. Ballinger:
after the cabinet meeting May % 1
advisability of an opinion from him on
the construction of the Alaska coal
land law of May %, COS. ! then learn
ed for the first time from the