The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-04-02
Serious Clash in the
Ballinger Investigation
CONTINUED from First Page.)

ABOUT this same time copies Of thes
missing letters began to appear In
weekly paper with the announcement
that more were to follow.
Todd claimed that Jones tried t
make it appear that he (Jones) wa
working, when he was not.
Characterization of the witness a
to letter CLAWS had written to tn
department at Washington urgini
criminal prosecution in certain case
soon led the committee into a quarre
which lasted nearly an hour ant
brought out anew the strength of, PAL
tisan feeling.
Todd claimed that CLAWS testifie,
this letter was never sent, and MI
Brandeis retorted that there was n,
direct evidence that it was not sent
GlaVisis testimony that the letter wal
not sent was then read by Mr.. Yer
trees and Chairman Nelson said tt
Mr.. Brandeis, you know that? VIII!
did you conceal that fact?''
BRANDElS INDIGNANT.
The latter waxed indignant and Rep
resentative Graham (Democrat) said
Il move that the chairman be di
rected to withdraw that remark"
Representative James: Il second
the motion"
Chairman Nelson: Il won't with
draw it,"
Representative Graham: Il insist
that my motion be put"
Representative James said it was
recognized everywhere that an attor
ney should have the widest latitude
in cross-examination, and that Mr.
Brandeis Ought not to be jerked up
while questioning a witness.
Representative Graham: This is
not the first time the chairman has by
inference reflected upon Mr.. Brandeis
insist that my motion be put
Representative Madison said thai
he considered that every member Of
the committee must stand upon the
record he himself makes and that the
chairman cannot and does not direct
the committee in it's conclusions.
Mr.. Brandeis said that, in view Of
Mr.. Madison's statement, he was will
ing to allow the record to stand
FLETCHER AMENDS.
Senator Fletcher, of Florida, moved
that Mr.. Graham's motion be amended
to read that the chairman's remark
did not reflect the view of the com
mittee.
The motion was adopted to 8.
Mr.. Brandeis here read a paragra ph
from Attorney General Wickersham'
statement to the president declaring
that although CLAWS was Informed
that criminal proceedings must be
started before the May grand jury in
1908, CLAWS took no steps whatever
to bring the prosecutions. The attor
ney demanded to know whether that
was true.
That May is mistake. 1t inform
ed 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 scattering affidavits.''
Mr.. Todd insisted that he never haG
a conference with either CLAWS OIL
Jones. The 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 lei
go of the Alaska matters on May 2
1908, and to devote himself to the
Oregon land case?" asked Mr.. Bran
deis.
II have heard So"
Mr.. Todd testified that in the viii
son coal land cases, in which he ap
peared as prosecutor, there never was
an escrow agreement drawn up, so fal
as the record showed
Mr.. Todd said the escrow agreement
in the Wilson case was verbal. Mr.
Ballinger did draw up deeds for two OF
the claimants So far as he knew
that was his only connection with the
case Mr.. Brandeis put the two
deeds, dated August, 1902, in evidence
Mr. Brandeis said he would under
take to show that Attorney General
Wfcke rsham had few if any facts be
fore him uron which to base his criti
cisms of CLAWS for procrastination
and alleged failure to bring criminal
proceedings.
Mr. Todd said he knew of no agree
ment by which Mr.. Ballinger's name
was to be left out of the Wilson Coal
Company cases and that the secre
tarys name did appear several times
in the record.
Mr.. Todd admitted that he had
taken an interest in the proceedings
before the committee and that his in
terest was favorable to Mr.. Ballinger
The witness said the statement in d
paper that certain records in his of
fee had heen changed was false.
AS to the letters alleged to have
been concealed by CLAWS, Mr. Todd
said he did not consider the evidence
against Claws sufficient to warrant a
and so wrote to the attor.
ney general.
Mr.. Vertrees read a statement by
Commissioner Dennet, a telegram
bearing date in April, and saying Grim,
inal prosecutions must be in hand the
following month. He read this in
justification of Attorney General Wick,
ersham's statement as to the pTesen
tation of testimony in May, 1908. This
ended Mr.. Todd'S examination.