Los Angeles herald., 1910-02-19

a decision favorable and another un-
favorable on that point. He repre-
sented claimants in the Cunningham
and other groups. I state this of my
own knowledge and from the state
ments made to me by Mr.. Ballinger
that he was doing this work.
The witness said Ballinger prepared
an affidavit for Cunningham and took
it to Mr.. Garfield with a view to Sc
curing patents.
''Is it not a fact that it was not so
much the character of the work as
the fact that he has been in the office
that you objected to?" asked counsel:
Mr. Chairman" exclaimed CLAWS,
that question is another that requires
an explanation I do not want to ex-
plain all the time: 7 don't want to de-
lay the proceedings. 1t was also with
reference to his drawing UP that afh-
davit. He had previously told me that
he did not see haw the Cunningham
group could get patents Yet ne was
doing his act toward securing title for
fraudulent claimants"
Not Loyal to People
CLAWS again declared that Ballinger
would not have acted as he did in the
matter of the Alaska coal claims if
his own property had been involved IN
stead of that of the government, which
to nv mind" added the witness,
"shows he was not loyal to his trust
or faithful to the people,"
CLAWS said in his original testimony
that Ballinger's name was left out OF
the Wilson case records in this case by
stipulation. -,
Questioned by Vertrees CLAWS said
he had been told of this by p. c. Rich
ardson.
isn't it a fact that Mr.. Ballingers $
name appears nine or ten times in the
deposition of Watson Allen IN thls
case?"
This question by Vertrees precipitated
a. breezy clash of counsel. Mr.. Bran
deis said he had eudeavored to have the
committee secure the court records IN
the Wilson case, but for some reason
they had not been produced.
Senator Flint told Brandeis he has
the same access to court RECORDS as
ANYBODY else. VertreeS complained ne
had only an unverified copy of the rec
ords: that it had been brought on from
Seattle bv Mr.. Battle, former law part
ner of Ballinger, when he read that 1t
had been charged that erasures hao
been made in the record.
A subpoena duces tecum was there
upon directed against the clerk OF the
court at Seattle.
Vertrees said much of his information
as to the Wilson case had come from
Henry M. Hoyt, attorney general OF
Porto Rico, who was counsel in the
case.
At the afternoon session Mr.. Vertrees
called attention to the fact that in his
original testimony Mr.. CLAWS expressed
surprise. that Special Agent Sheridan
who succeeded him in charge OF the
Alaska case, should have reached the
same conclusions he had.
''Why were you surprised?" demand
ed Mr.. Vertrees.
Refers to Schwartz
srUell. he had a letter Of instructions,
and I think they expected a different
report: otherwise they would not nave
sent him out there"
"Whom do you mean by 'they'T
"Whoever wrote the letter-Mr.
Schwartz"
Mr.. Vertrees then read the letter into
the evidence.
"In all the time you were In the
service and in charge OF the Alaska
cases did YOU feel that you had the con-
fidence of your superiors, and did they
not SO express themselves to you IN
communications from time to timer
asked Mr.. Vertrees.
"Yes. sir" he said, hesitatingly.
"And you say there was no harnl
done to the government by the delay
in 1908, when you were temporarily as
signed to the Oregon casesY
mo, sir; there was no harm.
"And you always had plenty OF
help?"
"Yes, sir"
CLAWS would not admit that Secretary
Ballinger and Commissioner Dennett
acted on Sheridan's recommendation IN
postponing a proposed hearing OF the
case in the summer of 1909.
CLAWS said he told his story TO Mr.
Pinchot, and that the latter called IN
former Governor Pardee of Call
fornia.
"But up to the time of your meeting
Mr.. Pinchot all that you wanted had
been granted, had it not?"
Eyes"
what was there to be gained in
presenting the case to Mr. Pinchot?
The forestry had already intervened
and your requests had already peen
granted?"
at thought, In view of all the facts
and the difficulties had had In getting
q postponement of the case, and in
view of the letters written by Den
nett and his actions throughout the
proceedings, it would be only little
while until these cases were TO pe
brought up again before either Mr.
Ballinger or Mr.. bennett, and 1 did
not think they were fit persons to
render a decision"