The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-03-27
BY Associated Press.

Washington, March 26-The prose
cution" practically closed its case be-
fore the Ballinger-Pinchot investigat-
ing committee today. Attorney. Bran
deis, representing Louis r. CLAWS and
others, made an unsuccessful attempt
to have Secretary Ballinger called as
one of the prosecutions witnesses.
The committee unanimously ruled
! against the attorney and called from
him protest which Mr.. Ballinger's
lawyer later characterized as most
malignant and leprotaic."
Attorney Brandeis made the reques-
yesterday that Mr.. Ballinger appear
to identify two letters which he wished
to introduce in evidence. He later ad-
mitted however that he desired to ex-
anime the secretary on all facts con-
Bidered material to the inquiry.
Attorney Vertrees registered an OBJ
lection and said he wished to be
heard further before the committee
went into executive session to decide
the matter. The question was de-
ierred until Messrs. Birch and Steele
could be disposed of.
BAGLINGER TO APPEAR.
Senator Nelson said Secretary Bal
Iinger would appear as a witness dur
Ing the presentation of his side of the
case and that ample opportunity for
thorough cross-examination~ would be
given.
Attorney Brandeis protested, his OBJ
lection was entered by order of Chair
man Nelson, and the inquiry was
about to proceed when a statement by
MT Vertrees that MR. Ballinger will
etsttf5 when we Sec ft to put him on
naA To- Iniu 70. 1rr+n
"I have refrained," he said, from
making specific charges against Mr..
Ballinger. But specific charges have
been made by others. The one great
question before this committee and
before the country is whether or not
Mr.. Ballinger is unfit to occupy his po-
sition by reason of "a lack of truthful
ness and directness. Mr.. Ballinger
has been charged by Mr.. Pinchot and
by witnesses produced by him with
wilfully deceiying the president and
having made statements that are un-
true"
ITO what Proposition are you speak
ing?" interrupted Senator Root.
THE order and circumstances under
which Mr.. Ballinger is to testify are
of paramount Importance, where verac-
ity and straightforwardness are the
issue. Why should he be protected
from those ordinary tests of veracity
to which other witnesses are subject
ed? Is he to be allowed to withhold
his testimony and so frame it as to
reconcile 1T with other testimony that
is first to be put in?"
Here the attorney was stopped
again.
NOT AN INoUiSiTlON.
"This is an investigation; not an in.
quisition," said Senator Sutherland.
The excitement subsided and John
J.. Steele, attorney for the Guggen-
helm interests in Alaska, took the
stand.
Mr. Steele said his object in ap-
pearing before the committee was to
DISPUTE the statements made in maya
zines and newspapers that the Guggen-
helms had paid large sums of money
to Clarence Cunningham. The only
money ever given to Cunningham was
about 81 300 in repayment for money
advanced to a representative of the
Guggenheims woh went to Alaska to
look over the claims. The voucher
covering the payment was put into the
record. Mr.. Steele said he knew the
sub-participants in the Alaska sSndi-
cate only on the Guggenheim side.
These were Kuhn. Loeb & Co, of New
York: H. o. Havemeyer, Jr., and a
man named Wineberger. The copy of
a report by the Guggenheim expert on
the value of the Cunningham and
other Alaska coal claims was admitted