The Detroit times., 1910-05-21

4,4fo pages. Arguments, prie's
from counsel and several letters
have been called for and are yet
60 be added TO the record.
WASHINGTON, May 2o.-At 1920
this morning Attorney Vertrees un-
expectedly announced that the de-
tense" In the Ballinger investigation
would let it's case rest with the testi'
mony now In.
At the opening Of today's session
Attorney Vertrees submitted list OF
papers which he wished added to the
records. These included the agree
ments between Louis r. CLAWS and
w. w. BARR, land SPECTATOR OF
Seattle, Wash. who testified for the
Prosecution. The agreement shows,
according 70 Vertrees, that Claws mad
q pecuniary interest In securing tim
Der lands from the government.
Vertrees argues that CLAWS In this
transaction used knowledge obtained
while In the governments employ.
Vertrees also added to the record por-
tons OF the testimony given In the
trial OF the Cunninghame coal land
cases before Commissioner w. J. NC
Gee OF the land office.
This testimony, Vertres said,
proves that CLAWS and special agent
Il. II. Jones knew That there was
nothing in the Guggenheim matter
when they were taking the af1davit
Of the Cunningham claimants;" that
Claws and Jones deliberately deceiv-
ed the Cunningham claimants; and
that the facts In the Cunningham al
fidavit prepared by Secretary Balm
ger are true; to-wit. that there was
no agreement between the Guggen-
helms and the Cunninghams prior to
the location Of the Cunningham
claims.
Vertrees then announced to the
committee that he had completed his
case. This caused considerable sur
prise both to the committee and the
spectators. II was known that the
Ballinger attorney had expected to
call at least four more witnesses. Yer
trees voiced an anticipatory protest
against counsel for the prosecution"
attempting 10 rebut testimony which
had not appeared upon original ex-
Animation.
At this point Chairman Nelson read
q letter from Secretary Ballinger
stating that he has been unable TO
locate either OF the two letters which
Brandeis said he had reason to be-
lieve had passed between Ballinger
and George w. Perkins of j. p. Nor
gan a Co.
Brandeis then called Frank L.
Spaulding, formerly a stenographer
In the ONCE OF CLAWS when he was
chief of the field service at Seattle.
Spaulding testified that at one time
he took some papers and other docu-
ments to the storage room in the
Seattle federal building where Claws
effects were stored. He said that he
saw the box in WHICH CLAWS goods
bad been placed.
"You have heard of the Missing
letters?" asked Bran
deis.
Yes eir." answered Spaulding.
'And they might possibly have been
among the papers which you took up
In the room where Claws effects were
stored?''
"Yes, sir" replied Spaulding. They
might have been. don't know"
This referred to the charge by the
defense" that CLAWS distracted Of
fetal documents.
The twelve congressional jurors In
the Ballinger-P inchot trial will vote
seven TO five for the 'acquittap Of
Secretary of Interior Ballinger.
This 10 the prediction OF those who
have followed the case carefully. Sen
ator Root will cast his vote, although
having left Washington yesterday.
Undoubtedly the minority will protest
against this move, but they will like
ly be outvoted by the majority on that
point.
Rep. Madison, the Republican In
aurgent from Kansas. IL is believed,
will write the opinion OF the minority
that IL Senators Fletcher and Pur-
cell, and Representatives James and
Graham, all Democrats. There Is
possibility, however. that Rep. Ora.
ham. who Is best fitted OF all the
Democrats, will write an extremely
partisan and drastic opinion against
Ballinger. which will represent the
sentiment OF those Of his party. and
Rep. Madison may write a separate
opinion against the Secretary.
Brandeis said today he would be
ready 10 close his side In half day,
n the defense" produced nothing
further. He Is inclined to let his case
rest where It stands.
In rebuttal Brandeis, however, may
call E. p. Richardson. Special Agent
Arthur Bowman. and possibly l.. X.
CLAWS. He has limited also that he
may recall Secretary Ballinger in view
OF Stenographer Kerby's revelations
concerning the Lawler draft, and Bal.
fingers testimony which Kerby as
sailed Rep. James has intimated his
desire to put the question whether
Bnllinger swore falsely regarding this
matter.
Brandeis may also call James c.
Massey, the stenographer who assist.
cd Kerby in preparing the "Lawler
draft" Some weeks ago the commit
tee assented TO a statement by Bran.
deis that the Encouragement might
be called, but whether Brandeis Will
Insist upon this in view OF recent de-
veIopfnents IL uncertain. He has also
inrimated a desire to summon George
w. Perkins, of J. p. Morgan & Co.
II seems equally certain that the
committee will not announce its yer.
aict until next December the major
lty fearing its effect on the election.
3 The defense" believes IL has traced
the back from Elba" movement to
lts origin, through the testimony OF f.
7. Perkins, engineer In charge OF the
Chicago ONCE of the reclamation ser,
vice. that about July Is, James r.
3arneld. clifford Pinchot and Thomas
R. Ship, for the conservation asso