Omaha daily bee., 1910-05-18


on the preparation Of the Lawler memo
randum, was called to the stand soon after
the hearing began.
After Chairman Nelson had laid the pres
idents letter to him before the committee,
Mr. Brandels said he thought Mr.. Kerbys
statement and the presidents denial of
last Saturday should go into the record
with IT, Mr.. Nelson said that no state
ment OF Kerby was before the committee.
whereupon Mr. Brandes said Mr.. Kerby
was present and was willing to testify. Mr..
Kerby appeared confident when he took
his seat on the stand. After giving his
name and age, Attorney Vertrees counsel
for Mr. Ballinger, questioned him about
the position he held in the Interior depart
ment.
Clerk TO the Government.
You were a confidential clerk to Mr..
Ballinger, were you not?''
II felt myself a confidential clerk to the
government" replied Kerby rather than
to Mr.. Ballinger."
Taking up the subject Of Kerby's state
ment, Mr. vertrees asked him If he had
ever before given out confidential informa-
ton.
IT have never considered 1t before" was
the reply. Kerby said this was the only
Instance he could recall In which he had
done so.
f'Kerby said that he was friendly to Mr..
Garfield, and that he had exchanged one
or two letters with the latter since he
left the government service. He said
neither of these letters related to the mat
ter which he has since made public, but
that tsuRseqpsntly be had . conversation
with Mr.. Garfield, at which he had told
Aim about It, .s.
EKerby said he met Mr.. Garfield at the
home OF Clifford Pinchot between February
10 and Is, about 1890 at night and told
him abe ut the preparation of the Lawler
memorandum. He said Mr.. Brandeis also
was present and that he related the matter
to him in detail.
Tells GarfIeld's Secretary.
Questioned further by Mr.. Vertrees,
Mr. Kerby said he had first mentioned the
matter to Hugh A. Brown formerly pri-
vate secretary to Mr.. Garfield. who is now
private secretary to Director Durand OF
the cencus bureau, few days after Presl-
dent Taft gave out his letter generating
Secretary Ballnger.s He said he had met
Brown In his office and that the latter
had asked him what he knew about the
presidents letter,
II told him 1 knew considerable about IT, :
said the witness, "as we practically wrote
It in the secretarys office.y
He said ne told Brown In the -strictest
confidence, but that subsequently Brown
called him on the telephone and told him
that he himself was, likely to be called as
a witness in the matter and that he thought
It would be farer for Mr.. Kerby to take
the stand and testify directly.
Kerby said he told Mr.. Brown that he
would prefer to talk first, to Mr. Garfield
about the matter and that Brown replied
that Garfield would be in town in a few
days. He went to Pinchot's home, he said
one night when he learned Garfield was
there and he CHANGED to find Mr.. Pinchot
and Mr.. Brandeis there also. He said Mr.
Garfield appeared surprised to see him.
After Mr.. Kerby had told Mr.. Ca field
his story the latter told him-he did not
want to endanger his position and would
not have him called a witness unless II
was necessary.
Mr.. DENLY: why did you assume thai
giving testimony would nscessltate your
dismissal2'
Mr.. Kerby: 81 knew what happened tc
Mr.. CLAWS"
The witness added that he had not en-
tered into an analysis Of the Importance Of
the matter He said he believed as has
proved to be the case. that the matter
would create a sensation and that Mr..
Baninger would not care 10 retain him
II he made a communication OF that char
acter.
Mr., Kerby said he gave his statement to
Robert f. Wilson, Cleveland newspaper
man, who had been introduced to him a
week ago Sunday night by his newspaper
friend.
You knew all these people were un.
friendly TO Ballinger?" inquired MIR.
Vertrees.
Il did not"
You knew they were friendly to Gar,
fieldG"
"Of course, they were"
Mr., Vertrees asked the witness II he
had mentioned any other matters at the
meeting at,Pnchots home.
Kerby replied that he told Brandels after
Garfield left, that he knew Ballinger in
tended, when he became secretary, to re-
move Director Newell OF the reclamation
service and then appolnt In hls stead Rob-
ert H. Thomson OF Seattle.
Kerby said HIS teellnss toward Ballinger
personally We're friendly, that the latter
had always treated him like a son.
DENLY: <'Dld anybody suggest TO you
the propriety Of your remaining with 8
man who had treated you as a son. after
you had made public some Of his conf
dental lntosna,lcni'
mo" -Nf.,y tN .tr
Kerby insisted that he ala not consider
there was any improperly in what he did
lie said he had no motive In mentioning
the Newell matter except as matter Of
current iniofmatiOn.
II simply wanted TO give Mr.. Brandeu
an idea of the character OF man he was NJ
against"
Chairman Nelson asked Kerby about his