Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-27

ing in the end. a majority ana min
urity decision. Representative Madi-
son Of Kansas. "insurgent" republican.
voted with the democrats Senator
Purcell of North Dakota. democrat
voted with the republicans.
Mr. vertrees this afternoon began
80 read his statement of what the
defense expects to prove.
Mr. Vertrees began to telling the
committee that the evidence which his
side would present "as YOU viii dis
cover, is of two kinds first evidence
that has no direct relation TO the acts
personal oT official, OF Air. Ballnger
but which bears upon particular coli
lateral statements of witnesses like
CLAWS. Barr ana Jones and. second.
evidence which does relate directly TO
those acts OF Mr.. Ballinger which
CLAWS, Pinchot and company have
sought TO assail and impugn.'
Mr. Nertrees declared that he would
show the evidence OF CLAWS Jones
Barr and others. With respect to Ger
tain specific collateral acts to be
so grossly false as to convince the
committee that IN these respects it
was deliberately fabricated and con
sclously false"
For example, the evidence of the
witness Jones as to the manner in
which Mr.. Sheridan conducted the
hearings in the Cunningham cases
and exposed his case to his adver-
sares is such a perversion OF the truth
az TO leave no doubt 1t was deliber-
ate and the evidence OF CLAWS as to
the relations and conduct OF Mr. Beh
rens and Mr. bennett is equally false.
1T win be shown also" continued
Mr.. Nertrees. that Mr. CLAWS en-
deavored TO have an accounting agent
of the government, Mr. Spalding, de-
liberately falsify the account he
(Glavis) had rendered, in order 10
restore S55 expended as stenograph-
ers' fees for preparing the report TO
the president which he and shaw, as
sistant agent of Mr.. Pinchot, pre-
pared he first open attack upon Mr..
Ballinger's good name.
1T will then be shown that in No
yember, 1909, CLAWS surreptitously
aud corruptv concealed among his
own private belongings, papers, the
property OF the government which he
knew really were not injurious to Mr..
Ballinger's name, but which, being
hidden, could be made the founda
ton OF a malignant and slanderous
accusation ana that, coneeiying this
to be the situation he called upon
this committee to require Mr.. Ballin-
ger to produce those papers with q
view OF falsely asserting they coulr
not be produced.
m. h. n MI
to the conduct of MI BallinRer him
self, as "a lawyer, as commissioner of
tho general land office and assistant
secretary of the Interior. In addition
TO official documents The Witnesses
nhu have any Knowledge af ie facts
viii be presented To testify in the
case.
9TH" truth in connected with Bal
i.neer's action in the Cunningham
claims and his official action in ali
respects where 1t has been assailed
win be shown by the evidence"
MIR Ncrtrees then went on 20 sketck
what he intended to show. beginnins
with Mr. Ballinger's appointment. as
commissioner OF the general lanc of-
flee in 1907 bA President Roosevrlt.
He declared that the secretary enter
ed his present office under obligati ms
TO no one ana ,hat never in prwate
or public life had &c in any way "r
through any agen0y. had any interest
whatever in public lands or coal ~
minerals in Alaski.
Mr Ballinger's p.ilS interest, the at-
torney declared, was as an officer cf
the government. desiring to hasten
aud To have done, those things best for
The interests of the people ~ the
Iuited States. The attorney then oe-
gan with the first Investigations made
By Louis T.. CLAWS into the Cunning
ham claims Upon the record and The
report. he declared. it appeared To-
MIR. Ballinger that the clains were
entitled to be clear listed.
"He believed it to be right then,
he believes it To be right now de-
,larcd the attorney lie then dcellr-
al that upon an adverse repprt from
Mr. CLAWS, Mrs. Ballinger himself
withdrew the claims from clear list
ng. "And, no effort has been made
10 reinstate that order to this day,
said Mr.. Vertrees.
The attorney pointed to the f,,t
hat until Mr. Ballinger retired from
he land office no evidence had been
found aud no report made assailng
he Cunningham claims Ballnger had I
no connection with the claims and Z
lad no relations with the claimants .
intil September, 1908, when, as the .
'eauest of Cunningham and Smith .
wo OF the group he presented an af-
idavit TO be filed in the general Of
Zee and presented IL In person 10 the !
secretary of the interior. Referring to {
he affidavit itself however the at-
orney declared Mr.. Iiallingcr could
lot he held for it's truth or falsltN
IS he presented it merely as it had
,cen presented to him by Cunning
lam He declared that Mr. Bnlinger
lad a legal and moral right to act
IS though for those two claimants.
Mr.. Nertrees then recalled the ac-
ion OF the secretary upon taking Of
ice, in turning over 10 his first as
istant, Frank Pierce. all the matter
4 the Cunningham claims. Mr.
iallinger did that. the lawyer declar-
Il. not because he had been an att
orney for the claims. because he had
lot. but because he had been an OF
orney in "A single transaction and he
REUSED himself on that account
CLAWS. the attorney described ms
tparently Jealous and earnest hut
onsumod IN the belief that an Alas
a claims Mere frauds When Gov