The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-19
me by Mr. Ballinger that he was doing
this work"
Cunningham Affidavit

me by Mr., Ballinger that he was doing
this work"
Cunningham Affidavit.
What did he do with respect TO the
Cunningham group2'
He prepared an affidavit, for Cum
ningham, which he took to Mr., Garfield
with view to securing patents"
rs IL not a fact that IL was not sc
much the character OF the work as the
fact that he has been in the office that
you objected to2"
Mr.. Chairman" complained Claws
that question is another that requires
an explanation. l don't want TO explain
all the time, ! don't want to delay the
proceedings. II was also with reference
TO his drawing UP that affidavit, He had
previously told me that he did not see
how the Cunningham group could get
patents. Yet he was doing this act
toward securing title for fraudulent
claimants"
although he was representing these
claimants and doing all he could to get
their patents, you say he told you they
could not get them?''
Was Evidence Concealed.
Now. Mr., CLAWS, isn't It a fact that
the Cunningham journal which You say
contained the evidence that there had
been an agreement among the claimar Us
In that group was not found and was
not sent TO the land office until Mr. Bal
linger had ceased to be commissioner"
Yes. sly"
And the only afhdavits you had Sc
cured in these cases at the time were
the afndavits OF the claimants them
selves?"
Yes"
And there had been no adverse report
on these. claims while Mr., Ballinger was
commissioners"
CLAWS declared this was another ques-
tion which demanded an explanation.
Chairman Nelson
Make your answer such as II Is.
NkNn
lSa claims when Mr. Ballinger retired had
been rendered by Special Agents Love
and Jones. IT was on the Love report
that the, claims were ordered to clear
But there was my letter Of February
81 to Mr., Schwartz" added CLAWS;
That was written, in Portland. Or,
reached Washington before Mi, Ballin
ger retired from offce?"
at could just have about arrived In
ger would not have seen It. But I don't
see how Mr. Ballinger could nave acted
In these cases and ordered these claims
to clear listing on the record before him.
[Ie would not have acted as ne did on
such evidence II the property had be-
onGed to him instead OF the government.
which to my mind shows he was not
oyal to his trust or faithful TO the peo-
pie"
Status of Schwartz.
Didn't Schwartz, chief of the field
service. approve the clear listing of these
claims and haven't you absolved him OF
any wrongdoing?"
II said ] felt Schwartz was acting un-
Ter direct orders OF Mr.. Balllnger"
The witness admitted however that
le had absolutely no knowledge OF any
me having influenced Schwartz.
CLAWS repeated that he had heretofore
estiiied as to Mr.. Balllngers connection
With the Green group where he acted
Is adviser to Congressman Rinkaid OF
>-.t>, a-l.n IN, =, 1oi ,,,I oil
old OF Mr.. Ballinger having acted as
'eferee in dispute between two claim
Isn't it fact that Mr. Ballinger
hat he was given stock for soYue advice
is to the drawing up Of articles OF in
Il didn't know he owned stock in the
Green group replied CLAWS.
II find I am In error about that"
quickly corrected Mr.. Vertrees. ut was
tock, not In any of these cases.
CLAWS spoke once of Ballinger giving
way these lands"
Paid All Law Demanded
Responding TO questions by Mr.. Ver-
rees. he said the Cunningham claimants
lad paid all the law demanded for the
ands
The cross-examination OF the witness
urned next upon the Wilson coal land
ases In which CLAWS testified that Mr..
Sallinger. before entering the govern
nent service acted as attorney and drew
,p an escrow agreement for the delivery
II claims that had not been proved up.
jlavis said in his original testimony that
name was left out of the
ecords in this case by stipulation Ques-
Toned by Vertrees. CLAWS said his tes-
mony on this point had been hearsay;
hat he had been told OF 1t by p. c.
Claws said he had explained the source
" his informa ton at the time Of testify
ng. This was in reply TO a question
rom Chairman Nelson II he had not
.estified to something he knew nothing
lbout.
Isn't It a fact that Mr.. Balllnger's
name appears nine or ten times in the
deposition OF Watson Allen In this case?"
Clash of Counsel.
This question by Mr.. Vertrees pre-
,iptated a breezy clash of counsel and