The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-03-27

side will have ample opportunity for
cross-examlnation." said Chairman Nell
son.
Attorney Brandeis jumped up at once.
declaring that he wished to register an
emphatic protest.
your protest will be entered IN the
record" said the chairman. Proceed
Il also desire to know" continued Mr..
Brandeis with increased heat. when
Secretary Baninger will come before this
committee. and specifically il he will ap-
pear at the close of Mr.. steele's testi-
mony.
Il VIII say interrupted Attorney Yer
trees. that Secretary Ballinger will not
come at the close of Mr. steele's testi-
mony He will come when we see st 20
cali him and not before"
Chairman Nelson again ordered the ex-
animation to proceed. but Attorney Bran
deis. red with anger. almost shouted:
Il desire to make g further inquiry.
1 have refrained from making az any
time during the course of the pro-
.ceedings specific charges against Sec
rotary Ballinger but specific charges
have been made by others and 1t must
be apparent to the committee and to
every one else that the one and great
question which Is before this commit
tee and before the country is the
question whether Mr.. Ballinger is I'M
fit for the position which he now
holds by reason Of a lack OF truth
fuiness and directness in his relations
with the President of the United
States.
The question Of Secretary BaIlin-
gers veracity and straightforward
ness having become the paramount
issue. why should he be protected as a
witness? is he 70 he permitted to
offer his testimony when he sees 1T in
order that he may be able so to frame
up that testimony that IT will nj in
with the testimony OF all the other
witnesses who have appeared or may
appear"
Committee Unanimous.
This is an investigation and not an in.
QUESTION" interrupted Senator Suther-
land.
The committee decided unanimously"
added Senator Root. with manifest impa-
thence. Let us proceed
Representative Graham suggested that
Mr.. Brandeis was making differences and
iHnuendoes that might properly come in
his argument.
John n. Steele. counsel for the Morgan
Guggenheim syndicate, took the stand
In reply to questions he explained his re-
lauons with the syndicate.
Mr.. Steele testified that the syndicate.
while there were many participants. was
divided into two units. the Morgan IN
terests and the Guggenheim interests
After the committee recessed, Attorney
Brandeis made the statement that he
had no more witnesses TO call and was
through with his case until Secretary
Ballnger appeared as a witness.
At the afternoon session the question
Of when Secretary Ballinger should ap-
pear before the committee was again
raised by Attorney Brandeis. VINO moved
that the Secretary he required to appear
as the first witness in his own behalf
Attorney Nertrees made q vehement de-
Tense OF the right of defense TO produce
Secretary Ballinger when II cav fit.
Mr.. Vertrees charged that Bfr. Brandeis
had raised the point as 10 when Secretary
Balinser should appear In the despera-
ton of a lost cause
The committee went into executive ses-
sion again at 2:45 o'clock to decide the
question.
After forty minutes deliberatIon. the
committee announced that II would not
at present make any rule respecting the
order OF proof and would deny the re-
quest of Mr.. Brandeis that Secretary
Ballinger be the first witness summoned
for the defense
Mr. Brsndeis stated that he would call
no other witnesses at this time, and the
defense was called upon TO open its case.
Ad1lph Behrens. of Seattle. was Secretary
Bsllinger's first witness. He contradicted
several Of the minor statements made by
CLAWS early in the inquiry
The committee will resume hearings
next Friday.