The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-26
NEW SENSATION
FURNISHED IN
BALLINGER CASE
CONTINUED FROM PAGE u

to be In position to appear before Con-
gress TO advocate remedial legislation
Baliipger's Order
The witness said he had never seen the
report made by Love on the Cunningham
cases. dated August 2. 1907. until Decem-
Der of that year, when CLAWS told him
about it. 1t is claimed that it was on
this report of August % that Commission
er Ballinger in January, 1903, ordered the
| Cunningham claims to be clear-listed for
| patents.
Jones corroborated the testimony given
by CLAWS as to his efforts to get the Alas
ka cases taken up by the grand jury
at Seattle. CLAWS was criticised In At
torney General Understands report to
the President for not having done moth
ing toward criminal prosecution.
Jones corroborated what CLAWS had tes-
titled as to the statement made by Foyle
A. Mckinney. James G, Garfield was not
retained in Mr.. Taft's cabinet because
of his hostility to the Alaska coal claims.
They wanted some one in the cabinet
who understood the needs of Alaska, "
Mckinney said, according to an affidavit
made by Jones and CLAWS.
Jones said he and CLAWS felt that if
Mckinney and other claimants in Alas
ka had power enough to remove a cabinet
officer IneX themselves WOulu DC IcluON-
ed, if their report did not suit"
The witness criticised Special Agent J..
NJ. Sheridan, who was sent by the land
office to supplant CLAWS. in conducting
hearings on the Alaska cases.
Conduct of sheridan
"He just went in." said Jones. land at
the beginning of the hearing threw the
Cunningham journal and all our affidavits
on the table and said that was a prima
facie case. The other side Immediately
asked for a recess, during which they
examined all our evidence, every bit of
our case, and then, when we resumed
the hearing, the witnesses all denied what
they said in the affidavits. Sheridan's
conduct was such as to give the other
side the advantage of knowing in adj
vance all the evidence we had"
Jones said Sheridan was graduated only
a year or two ago from a law school in
Washington and was receiving at the time
of these hearings salary of 1920 or
1890 a year.
Jones said Sheridan's conduct of the
case nullifed the affidaVits. Senator
Fletcher said:
do you mean to say to this commit
tee that there had been no serious pros
ecutions of these cases up to this timer"
1T was serious to the extent of the
inability of the prosecutor. / don't mean
to say there was any purpose or intent
to smooth the cases over"
did you indicate to the department
your objections to the manner in which
the cases were being conducted?"
No" replied the witness, and then
added amid laughter: 'They might have
thought was insubordinate
Jones said 1t would have been absurd
for claimant to say that he had not
intended to combine with the others, for
it would not have been possible for any
one to work a single claim of go acres.
Representative DENLY asked: Then.
why should any one take up these
claims If they can't work them them
selves and it is unlawful to have intent
to combine with others?'
THAT'S what I've been trying to find
out" replied the witness.
Refused to Ask Questions
Jones said Sheridan had refused to ask
many questions suggested by the witness
for use in cross-examination, telling
Jones, "You can go on the stand at the
finish and rebut all you want to-"
Mr.. 3randeis wanted to introduce GER
tain excerpts of the forestry bureau copy
of the Cunningham hearings ITO show the
incompetency of Mr.. Sheridan to conduct
so important a CASE
Senator Root contended that the en-
tire record and not merely excerpts should
go in, and the committee so ordered.
do you mean to charge that Sheridan
was incompetent or corrupt" demanded
Senator Nelson of the witness
Il think he was unwise in his conduct
of the case. think he is bright and COM
petent. don't believe he was corrupt"
Jones added that only when Sheridan
was cautioned against leading witness
he replied, 81 wasn't leading him; was
only trying to indicate to him what his
answer was expected to be-"
Jones is a lawyer himself
Jones said that while CLAWS is not a
lawyer, "be knows more law than Sher-
idan.'
Attorney Vertrees, cross examining the
witness, asked if he wanted an unfavor-
able inference drawn from his state
ments as to the testimony being taken be-
fore a, commissioner rather than before
the register and receiver of the Jauneau
land office
Mr.. Brsndeis attempted to object.
Objection OverruIed
"Obicc.jon overruled,' said Senator
Nelson. Were going to let everything
in here. You set the example at the be-
ginning"
L Deg your pdruon, ehouteu DrdHueis,
IT have presented nothing here that is not
material"
Jones proved more defiant and agrees
sive under cross-examination than CLAWS.
He said It. was immaterial to him what
inference was drawn from his testimony.
do you yourself draw an unfavorable
iuference?' persisted Vertrees.
No"
The witness was still under cross-exam-
inn MI IN luncheon hOnr
ordered.
At the afternoon session Senator Nelson
asked Jones'
you drew the conclusion, did you, that
tho President was bad because he did not
retain Mr.. Garfield as Secretary Of the
INTERIOR
mot ct all: II thought some of Mr..
Taft's advisers had got around him and
said: Here, this fellow Garfield does not
suit rs. lie is not in favor of the de-
velopment of Alaska. We want a western
man for the situation to put in his
place."
"And you believed they had corrupted
the Preside mt to that extent, did your"
mo, / cont think President should
be held responsible for all he does by his
advisers"
"But you believed his statement i'm
portant enough to make, this affida-
vit?"
yes, and we sent 1t to the Pres
ident, so II there was any reflection
on him we sent 1t to the right place.
Wasn't 1T your object to reflect
upon the PRESIDENT"
mo-"
Jones said he thought the Alaska
coal lands laws at the time the Cum
Jones fold Mr.. Vertrees that the way