Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-17
NEWSPAPER MEN PROMISED
WORK IF HE LOST JOB
Discharged Stenographer Undertakes
to Justify Action in Pub
fishing Facts.
UNDISTURBED BY QUESTIONS
Insists in Reply to Senators That He
Only Did Patriotic Duty Outweigh
ing His Loyalty to Secre-
tary Ballinger.

Frederick NJ. Kerby, whom Secretary
BallInger discharged yesterday for pub
fishing confidential information OF the
department, on the stand today before
the Ballinger-P -Pinchot investigation com
mittee undertook to justify his action
as the fulillment of a public duty out
weighing the loyalty he owed to Mr. Bal
linser
Self-possessed and complacent. Kerby
underwent the ordeal to which the men,
bers of the committee subjected him. He
insisted that there was no impropriety in
what he had done. declaring that IL Sec
retary Ballinger had responded to the call
of Mr.. Brandeis for the ''Lawler memo
randum" it would have been unnecessary
for him to take the course he did to get
Advised by Garfield.
Kerby said his former chief ex-Secro-
tary Garfield, had told him at Clifford
Pinchot's home in this city last February
that it was his duty to tell the facts II
he was called upon to do so. 1t was
upon that occasion, he said. that he had
first told Garfield and Pinchot OF the
memorandum in the presence OF Attorney
Brandeis. to whom he had later men
toned that he knew it to be Mr.. Bal
linger's purpose to supplant Director
Newell OF the reclamation service with
r. II. Thomson OF Seattle.
When the first call for the memoran-
dunn came to the department. Kerby said,
cys~ -h<r al Ion n
Assistant Attorney General Lawler In
preparing his memorandum for the Pres
ident, said to Private Secretary Carr:
You know what that means. don't your
Carrs reply, according to Kerby, was:
Yes but they'll have a hard time get
ting it,
Browns Name Brought L.
The name of Hugh A. Brown. private
secretary TO Director of the Census Du-
rand, who formerly served Secretary Car
field. in the same capacity, was brought
into the inquiry today.
Kerby said he had mentioned to Brown
soon after the publication of the Presi
dents letter exonerating BalIinger and
dismissing CLAWS that I'VE praotical!y
wrote it in the Secretary's Office He
Sdlu lie tOlO IoioNh conference pHt AhO
latter mentioned it to Garfield.
Kerby declined to agree with Senate,
Sutherland that he was a cautious pa
triot' in making sure of a new job be-
fore he risked losing his old one.
Senator Root was particularly bitter In
his questioning of the witness.
do you think it was d reputable trans
action he demanded. ito 60 to per-
sons unfrendly to your superior with
confidential information of his depart
ment.
Il did under the circumstances. re-
piled Kerby The country had the
right to any facts my superior had be
fore him..
This morning, after Chairman Nelson
had laid the Presidents letter to him
before the committee. Mr.. Brandeis said
he thought Mr.. kerby's statement anu
the Presidents denial of last Saturday
should go into the record with it. MI
Nelson said that no statement Of kerby
Mr. Brandeis said Mr.. Kerby was pres
ent and was willing to testify.
Self Possessed on Stand.
Mr Kerby appeared calm and conf
cent when he took his seat on the
stand. After giving his name and age
Attorney Nertrees counsel for Mr.. Bal
linger, questioned him about the posi-
ton he held in the Interior Depart
ment.
You were confidential clerk {"
Mr.. Ballinger. were you not?
II felt myself a confidential clerk to
the government" replied kerby, rather
than to Mr.. Ballinger.'
Taking up the subject of kerbyS
statement. Mr.. Nertrees asked him II he
had ever before given out confidential
II have 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 lett
the government service. He said neither
of these letters related to the matter
which he has since made public. but that
he had a conversation with
Mr. Garfield at which he had told him
about II.
Met at Pinchot's Home.
Kerby said he met Mr.. Garfield at the
home of Clifford Pinchot between the 10th
and 18th of February, about 1890 o'clock
at night. and had told him about the
of the LawIer memorandum.
He said that Mr.. Brandeis also was pres
emf and that he related the matter to
him in detail.
Questioned further by Mr.. Vertrees.
Kerby said he had first mentioned the
matter to Hugh A. Brown, formerly pri-
vate secretary to Mr. Garfield, who is
aow private secretary to Director Durand
If the census bureau. few days after
President Taft gave out his letter exon
Grating Secretary Ballinger.
He said he had met Brown in his Office
and the latter had asked him what he
Knew about the Presidents letter.
II told him I knew considerable about
t." said the witness. las We practically
wrote ii in the Secretary's office"
He said that he told Brown in the
,trictest confidence, but that subsequently
Brown called him on the telephone and
old him that he himself was likely to be
,alIed as a witness in the matter and
hat he thought II would be fairer for