The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-06-13
YER 7 REEFS
IN DEF FENSE.
Attorney Says Pinchot
and Garfield We're
Conspirators

Washington, June l3.-Secretary
BalliDger's final word of defense was
presented today In the form of n brief
prepared by his attorney. John j Yer
trees. After making an exhaustive
review of the evidence before the
committee. Mr. Vcrtrees concludes:
When we consider how baseless
and groundless this accusation against
Alr. Ballinger Is, and the loud and
vehement cries of those who have urg-
ed 1t on, We recall the language OF
Fauyety, a Juryman OF the days Of
the reign OF terror in Franco Refer
ring 10 one who served with him, Fau-
vety says: Ny colleague is worth
nothing absolutely nothing. Some
times he wants 10 save counter-rev-
olutloDary priests He requires proofs.
as In the ordinary tribunals OF the
old regime. We sometimes have very
sharp discussions
Mr.. Nertrees insists that neither the
official nor professional acts of his
client are open to criticism and dc
clares that none OF the accusations
made against bin have been sustain
ed by presentation OF facts. He says
the accusations are the results OF q
conspiracy against him, and quotes
freely from the evidence before the
committee In an attempt to approve
the existence of plot involving For
mer Secretary Garfield and former
moval from Office.
III "a, l. l,,
mind that MIR. Ballinger, neither d.
,rectly nor indirectly at any time, was
interested in any coal lands IN Alas
ka," says Mr.. Vertrees.
''I4e was not counsel for the Gun
bingham claimants and others as Mr..
CLAWS said At ths time he became
secretary. he was counsel for not one
OF them. The only connection he had
ever had with the Cunningham claim
ants was the preparation of the af
fldayit in September, 1908. He had
not been counsel heretofore; he was
not counsel therenfter: he entered
the Office OF secretary without inter
ests of any kind, Indeed, rs express
ed by him. he dissolved his firm, dis
engaged himself and burned his
briggs behind him"
Defending Mr. Dallingers clear-liSt-
ing OF the Cunningham claims as
commissioner of the land Office. Mr.
vertrees SAYS the action was upon
recommendation of Chief of Field Dl-
vision Schwartz. the official upoa
whom he relied TO be advised III
that was erroneous" continues Mr..
Vertrees. clearly the secretary would
be excused. but 1t was not erroneous.
1t was proper and righ, as the rec
ord stood" He says that Mr.. Ballin-
ger Immediately revoked the order
when CLAWS suggested that the claims
were clear listed and that the claims
had remained in chancery," to this
day
Mr.. Nertrees points out that
throughout the entire time CLAWS had
been kept In charge and was the one
man relied upon to Investigate all Al
askan claims. He says Ballingcr de
Tended CLAWS, asserting that the crit-
icisms which Ex-Governor Moore had
passed upon him because of the delay
In patenting the Cunningham claims
was undeserved.
1T must be horne In mind also that
no question VI iuJuly W th6 bO'c'h
ment is involved" suggests Mr.. Yer
trees. "The patents did not issue
and the questions Of the legality ol
the claims is now being tried. Fin
ally. 1t should be stated that the evi
| dence OF Stenographer. Frederick NJ
| Kerby, alone, is conclusive of the rec
titude OF Mr., BallIngers course. Ker
| by was his confidential stenographer
and clerk and in charge OF the conf
dental files If there were anything
| improper or corrupt TO be known ii
| would be known TO him. He wa!
eager to speak. He wished with al
his soul to be called before the com
| mittce so he was called We callec
him. The committee will remember
his eagerncss and zeal. He wa
| dressed 10 state what he knew aGains
| his chief Again and again was h'
asked to state anything that In hi
opinion reflected upon the secretar'
of the interior. Not an act. not
| transaction. not thing could be sta,
ed by him He asserted that ther'
was one thing, and that was that MI
BallInger intended, with full know
edge of his unfitness to appoint H
| H. lOInp6Ou, W De d VII SSsoi VI su
reclamation service"
Referring TO Kerby's testimony
that he regarded Thompson as unt1
because Mr. Ballinger thought he wa
the man to go to Alaska to advis
]. P. Morgan & Co, when his friend
George w. Perkins, OF that flrn
asked him To recommend q wester
engineer TO make un examination wit
view TO contemplated railroad ell
terprise, Mr.. Vertrecs says.
This is the only sia OF Mr. Ba
linger which Mr. Kerby could name.
Mr.. Vcrtress calls attention To tn
rigid scrutiny and examination tn
interior department has made durin
the Inquiry and says, nothing ha
been revealed which reflects upo
the loyalty, tho integrity. the goc
faith. the sense of duty of any ma
therein"
The only persons who can be crit
cised, continues Mr.. Vertrees, nj
those who have been discharged al
have arrayed themselves against II
secretary and the department of ii
interior. This inquiry involves u
good name OF gentleman and a X
publican member OF the cabinet .
| Is no Idle thing TO assail the ohara