Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-05-17
SECRETS TOLD At
BALL|NGER PROBE
BY CLERK KERRY
Stenographer Says Lawler Lied,
and Explains Famous CLAWS
Memorandum.
SAYS HE WAS PROMPTED
BY SENSE OF DUTY ONLY
Cleveland News Agency Prom
ised Him Job if He Would Tell
of Cabinet Officers Work.

WASHINGTON, May 17.-FredericlS
M. kerby, whom Secretary Ballnger
discharged yesterday for publishing
confidential information of the depart
ment. on the stand today before the
Ballinger-Pinchot investigation COM
mittee undertook to Justify his action
as the fulfiment of public duty out
weighing the loyalty he owed to Mr.
Balinger
Self-possessed and complacent Kerby
underwent the ordeal to which the Re
publican members of the committee sub
jected him. He insisted that there was
no improperly in what he had done,
declaring that II Secretary Ballinger
had responded to the call of Mr. Bran
deis for the "Lawler memorandum It
would have been unnecessary for him
to take the course he did to get the in
formation before the committee
Kerby said his former chief, ex-
Secretary Garfield, had told him at
Clifford Pinchot's home in this city
last February that 1t was his duty to
tell the facts if he was called upon to
do SO. 1t was upon that occasion, he
said, that he had first told Garfield ana
Pinchot of the memorandum in the
presence of Attorney Brandeis, to whom
'S nau ,aei inen'ioneu t, tha' ne knew IL
plant Director Newell, of the reclama-
'iVh Sci vice.
Kerby Is CONFIDENT
Mr.. Kerby appeared calm and con.
fident when he took his seat on the
stand After giving his name and aee.
ATTORNEY Vertrees. counsel for Mr.. Rail-
niger. questioned him about the nosi-
tion he held in the interior department
"You were a confdential clerk to Mr.
Ballinger. were you not?"
Il felt myself a confidential clerk to
the government" replied kerby,
rather than to Mr. Ballinger.'
Taking up the subject of Kerby's
statement, Mr., Vertrees asked him it
he had ever before given out confiden-
tial information.
Il nave never considered it necessary
before was the reply. Kerby said
this was the only instance he could
recall in which he had done So
kerby said that he was friendly to
Mr.. Garfield and that he had exchanged
one or two letters with the latter since
he left the government service. He
said neither of these letters related to
the matter which he has since made
public, but that subsequently he had
a conversation with Mr.. Garfield, at
which he had told him about it.
keroy said he met Mr.. Garfield at
the home of Clifford Pinchot between
the 10th and 10Th OF February ABOUT
10:S9 o'clock at night, and had told
him about the preparation OF the Law
Ter memorandum. He said that Mr..
Brandeis also was present, and that
he related the matter to him In de-
tail.
GnrheId Advised Against Telling,
after Kerby had told Garfield his
slary the latter told him he did not
tant him to endanger his position and
would not have him called as witness
pnless it was necessary.
Mr.. Denby-Why did you assume that
giving testimony would necessitate
your dismissal?
Mr.. kerby-l knew what happened to
CLAWS.
The witness added that he mad not
entered into an analysis of the I'M
portance of the matter. He said ne be-
lieved. as had proved to be the case,
that the matter Wouid create sehsa-
ton, and that Mr.. Balllnger would not
care to retain him II ne MADE COM
munication OF that character.
Mr.. kerby said ne gave ms state
ment to Robert f. wilson, cleveland
newspaper man. VINO hao oeen miro
duced to him week ago Sunday night
Dy a. newspaper TREND
You knew all these people We're un-
friendly to Ballinger? inquired Mr..
Vertrees.
uiu not
You knew they were friendly to
GarheldF
"of course tocy were.
what BalIInger INTENDED.
Mr.. Vertrees asked the witness if he
had mentioned any other matters at the
meeting at Pinchot's home. Kerby re-
piled that he told Brandeis, after Gar
field left, that he knew that Ballinger
intended when he became secretary to