New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-21
REST IN BALLINCER CASE
All the Testimony on Both Sides
Submitted.
ARGUMENTS NEXT WEEK
Report Not Likely To Be Pre-
sented Until Congress Meets
in Fall-Economical Inquiry.

TFror The Tribune Bursau-J
Washington, May 20--The menoers OF the
Ba1Iinzsr- Pfnchot committee were pleas
autIy surprised to-day when the attorneys
on both sides announced that they had no
further testimony to offer. When they had
recovered from their surprise they awaited
the pleasure OF the lawyers respecting fur
Their proceedings. Judge Vertrees. counsel
for Secretary BaIHnger. said he was willing
TO have the COMMITTEES proceed 20 make its
finding As all members OF the COMMITTEES
were lawyers and some OF them had been
judges he doubted the necessity OF making
arguments Louis. D. Rrandeis. counsel for
Claws. said he desired to make an argu-
ment and that Mr. Pepper. counsel for
Clifford Pinchot, was OF the same mind He
also desired permission 20 file briefs
After considerable discussion IL was de-
cided 70 give each side FIVE hours Cor arsn-
ment. Messrs Brandeis and Pepper will
open on Friday OF next week and viii pre-
sent the greater portion OF their argument
Judge vertrees win speak on Friday after
noon and Saturday morning, and Messrs-
Brandeis and Pepper will close Saturday
afternoon Following the close OF the argu-
ment the attorneys will have fifteen DAYS
in which TO file briefs. This means that
the case will not be closed until June II.
1t Is settled that there Will be no formal
decision in the case until Congress meets
in December. Including the testimony N
the Cunningham coal hearings. the record
covers between seven thousand and eight
thousand printed pages The briefs and
arguments viii increase this record BY from
i've hundred TO thousand pages The fact
that the case will not be finished until the
middle Of June precludes the possibility OF
action on the report OF the COMMITTEES at
this session, and for this reason there 3 .
general sentiment in favor OF 7ostpontng a
report until December. Another reason fo-
the postponement is the fact that Senator
Root is going 70 Europe and will not return
until fall Mr. Root has been one Of ths
attentive members Of the committee and it
is desired that he shall be present when
report is being made Up.
Tire Inquiry Reviewed.
The committee began its hearings early
IN January, and at the start met two DAYS
every week. Later three weekly sessions
were held. and recently meetings have been
held four times a week Sessions have
been held on forty-fve days. and thirty
two witnesses have been examined SEN
ator Nelson, chairman OF the COMMITTEES.
will be able TO point with pride TO one
feature Of the inquiry, for IL has beer. one
of the most economical Investigations ever
conducted BY a committee OF Congress
Mr. Nelson was authorized TO expend s25.-
coo Many Of the witnesses came from tbs
Pacific Coast and had TO remain in Wash
tngton several months. One witness cams
from Porto Rico, and several from Alaska
600 Exclusive OF the cost OF printing, which
is not a charge on the committee appro-
will be less than $1,000.
Only one witness was examined to-day,
Frank L Spaulding being recalled by Mr.
Brandets to refute statements made by A
Christensen. the field agent who succeeded
Claws in charge OF the Seattle division
Mr.. spaulding is a stenographer in the
Seattle office His testimony related TO the
boxes containing the personal property OF
Claws in the federal building. II was in
one OF these boxes that the so-caIled con
ceaIed- letters were found The witness
said he told Mr.. Christensen that the Claws
boxes we're in the grand jury room and
that he had accompanied Christensen to
this room 10 look for the stenographic note
book containing dictation from Comuis-
sioner bennett. Mr.. Christensen testified
that his first visit to the grand Jury room
was on the occasion when he found the
missing letters.
on direct examination Mr. SpauIding in
tinated that he might have taken the
missing letters to the grand jury room
and placed them in the CLAWS box BY mis-
take. On crOss-exam1nation he became con
fused and said he had no recollection OF
any letters being in the packages which he
took 70 the grand jury room
At the beginning OF the session Judge
Vertrees submitted various papers which
were inserted in the record without reading
These included the agreement between
Claws and ". W Barr, a land speculat0r
in Seattle who testified for the prosecution.
-JUdge Vertrees said this agreement showed
that Claws had a pecuniary interest IN Sc
curing timber lands from the government
and used TO acquire these lands. knowledge
of which he had obtained while employed
Ev the government Portions OF the record
in the Cunningham coal cases were also
offered in evidence According TO this rec
ord Judge Vertrees declared IL appears
that Claws and Jones deliberately deceived
rre Cunningham claimants II was shown.
he said. that the affidavit OF Clarence Gun
nirghaun prepared by Secretary Balhnge-
V-Tsn he was not in public Office. that there
was no agreement between the Cunning
hams and the Guggeuheinns before the loca-
ton Of the Cunningham claims was true