Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-01

never sent? persisted the chairman
1T is the letter which this witness says
Mr.. CLAWS testified he did not send" re-
torted Mr.. Brandeis.
Vertrees Quotes Testimony.
At this juncture Attorney Vertrees
arose and read the CLAWS testimony, In
which he said ne did not send the letter
because he heard Commissioner bennett
OF the land office was coming to Seattle
and he could talk it over with him.
As Mr.. vertrees concluded Chairman
Nelson with evident Impotence turned to
Mr. Brandeis and said; a., u o.,...,
You knew that Why did you cohceai
that fact. Why didn't you tell the com
mittee?''
Mr. Chairman" shouted the attorney
in a voice which could be heard far down
the corridors. II object strenuousiy TO
the statement that | have attempted to
conceal anything. My course has been
such before this committee that such a
statement is absolutely improper and
ought to be withdrawn.
Graham Starts Something.
Representative Graham. democrat: Il
move that the chairman be directed to
withdraw that remark.
Representative James: II second the
motion"
Chairman Nelson: Il won't withdraw
It,
Representative Graham Il insist that
my motion be put.
Representative Mccall said he didn t
think II necessary to put the motion He
said he didn't think Mr.. Brandeis had at
tempted to conceal anything or to de-
ceive the committee.
Representative DANNY also counseled
against putting the motion. He said he
had clearly drawn from Mr.. Brandeis'
questions the inference that he was try
Ing to put upon District Attorney Todd
the entire responsibility for saying the
CLAWS letter had not been sent.
Representative James said it was recoR-
nlzed everywhere that an attorney should
have the widest latitude In cross-examina-
ton. and that Mr.. Brandeis fought not
to he jerked up while questioning a wit
ness.
Graham Insists on Motion.
Representative Graham-"This is not
the first time the chairman has. by infer
ence. reflected upon Mr.. Brandeis. l in
sist that my motion be put
Representative Madison here assumed
the role of peacemaker with some sue
cess. He said he thought the chairman's
remark was made hastily and he did not
sympathize with II. At the same time,
he continued. 1t must be understood that
the chairman spoke only as an individual
member of the committee and did not
represent the opinion of the committee.
Senator Sutherland said every member
of the committee had right to make q
statement He didn't think it incumbent
upon the other members of the committee
10 direct the withdrawal of such remarks.
Representative Madison said he agreed
with Senator Sutherland in this
Brandeis Accepts Situation.
We are standing before the country in
HISyr.
anybody is biased or impartial It is being
written down by the newspaper men here
Every member of the committee must
stand upon the record he himself makes
What the chairman says Is his per-
sondl view, except when he makes an an
nouncement the result of a vote. He
cannot and does not direct the committee
In its conclusion.
Mr.. Brandeis said that. in view OF Mr..
Madisons statement. lie was willing to
allow the record TO stand.
Senator Fletcher of Florida moved that
Mr.. Grsham's motion be amended to read
that the cbairmans remark did not re-
feet the view of the committee.
Representative OlmSted moved that the
whole matter be laid on the table.
\ roll cali was demanded on this. The
motion was adopted by vote of to 5.
The ayes were Senators Sutherland and
Purcell (dAm.) and Representatives Nc
Call. olmsted. DENLY and Madison The
noes were Senator Fletcher and Repre-
sentatives James and Graham.
May Should Have Been July"
Mr.. Brandeis here read TO the witness
paragraph from Attorney General
Understands statement to the President
on the CLAWS charges. in which he de-
elared although CLAWS was Informed that
criminal proceedings must be begun be-
Nav nd itIrx- i'm
no steps whatever to bring these prose-
cutions. TIE attorney demanded 10 know
IF that was true.
The May is a mistake. I informed
CLAWS and Jones that the matter must be
taken UP before the July grand jury
The statement otherwise is true. except
that Jones came to me with some scat
tering affidavits.'
a heated argument to what consti-
tuted a step in criminal prosecutions
Mr.. Todd said a step was a movement
forward
But il might he a backward move
ment?' suggested Mr.. Brandeis.
1T might be-
Mr. Todd insisted that he never had a
conference with either CLAWS or Jones.
Their few visits to his office lasted but
three or four minutes each.
Don't YOU know that CLAWS had been
ordered by the land Office to let go of the
Alaska matters on May ., 1903, and to
II have heard so.
Lawyers Cross Swords.
MIR Rrandeis attacked the witness from
time 10 time with characteristic severity.
Mir Todd. having had some experience
in cross-examinations himself, answered
bluntly and in manner which seemed to
itr;tatn the attorney.
Mr. Todd testified as 10 the Wilson coal
lard c2 sos IN which me- appeared as pros
<cutor. that There never was All escrow
agreement Grawn IN III this case so far
the record showed.
tissyis had testified that he had been
10 ! Mr. Ballinser had drawn UP such All
aereement. and that fraud Of q gross ia
ture was involved in the transaction.
Mr.. Todd said the escrow agreement In
the Wilson case was a verbal one. Mr..
Raliinser did draw Up deeds for two OF
tire claimants so far as he knew that
was his only connection with the case.
Mr. Brandeis put the two deeds in evil
eerce They bore date OF August, 1902
To Discredit Wickersham Comment.
Mr. Brardeis said he would undertake
10 show to the committee that Attorney
General wickersham had few. il any,
facts before him upon which to base his
criticisms OF CLAWS for procrastination
ard alleged failure 10 bring criminal pros
ecutions.
Mr. Todd said he knew OF no agreement
hy which MIR. Ballngers name was 10
he left out of the Wilson Coal Company
eases. AS a matter OF fact. Mr.. Bal
i'm the record.
Mr. Todd admitted that he had taken