The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-05-17

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Judge Garfield took place in Pinchot's
house about 1890 p II. He said that
the later conferred with Attorney
Brandeis that night. Among the
things he said he told the attorney
was the fact that he knew that Secre-
tary Balltnger had determined to dis
| charge r. III. Newell, director of the
reclamation service. and had written
to r. H. Thomason. city engineer Of
Seattle, Offering him the place.
Representative DENLY asked Kerby
I whether he knew anything else re-
garding the affairs of the secretary's
office.
1--WE are here to investigate every
thing connected with the department"
he said. land IL you know anything
else think you should state IT,
us that the sense OF the commit
tee7" asked Kerby.
/ Representative Graham said that 1t
was.
/ Kerby then referred 70 the Thorn
ason correspondence as about the only
other matter OF which he knew, al
though he also referred to certain cor
respondence relative to the Morgan
Guggenheim syndicate.
| He wanted to know first whether all
OF Brandsis' calls for documents had
been answered and asked permission
to examine the papers sent In. These
( had not been received yet. he was in
formed.
Finally. again questioned about his
conference with Garfield. Kerby de-
clared IL was entirely voluntary on his
part.
Cats LAWYERS Letter Untrue.
Among other things, Kerby insisted
that LAWYERS letter to the COMMITTEES
saying that there had been no copy
of his draft retained In the depart
nent was untrue.
HE knew there was "a copy there"
declared Kerby. AT least. he knew
that up until q month ago copy was
! there. | had one for time in conf
ago II disappeared. But i am sure
that 1t was subsequently in the depart
+ nlent In "a drawer of Private Secretary
Cars desk. / remember one day
Carr telephoned from the congressional
committee rooms asking us Ia locate
some papers. Massey and ! searched
, our desks. I remember Massey pull
ed out the center drawer and picked
up paper. He dropped it again In
a hurry. and, turning TO me, said: You
don't want to see that. Kerby. wish
l hadn't seen 1t / am morally GER
tain that that think which Massey
saw was copy OF the LAWYER draft"
Attorney Vertrees called Ksrbys at
tention to the fact that Messrs. Dem
net, Schwartx and Finney had denied
on the stand that they participated in
any conference with Secretary Bal
linger in the preparation OF the Law
Ter draft. Kerby said he knew that,
and then went on to explain the de-
tailed circumstances of the confer
ence.
Recalls Details.
Il know Carr was there" he said:
'tt is indelibly impressed on my mem
ory that he sat on the safe in the
secretary's private Office. The others
got around table while Secretary
Balllnger sat in the chair by his desk.
The thing that impressed itself on
my brain was that the secretary of
the interior had no right to hear the
reading OF the memoranda LAWYER
had prepared"
You said in your statement that
I the secretary read II aloud" inter-
rupted yertrees.
He read portions OF 1t, I know
answered Kerby.
The first dictation made by Lawler
was to Stenographer Massey. ] was
called In for dictation on the memo
randum that afternoon. After this
Massey and / took notes alternately.
i Il after cards took my note book out
and had 1t photographed" contin-
ued Kerby. Although these notes
were greatly different from the final
draft. had 1t photographed"
And gave It to the newspapers -
asked yertrees,
You bet did," fiared back Kerby.
II did this to protect myself. The
/ notebook was out OF the once for
about three hours. That afternoon
transcribed It." &
\ Statement Was Honest.
Referring to the statement in the
affidavit as to having told Carr the
notebook was lost. Kerby said:
"At the time / told Carr this. I
honestly thought that It was lost. As
matter OF fact. Il was misplaced In
the files"
/ The committee then began to ques-
ton the witness, Senator Purcell
democrat. North Dakota bringing
4 out the fact that at first Kerby had
told no one except Hugh Brown. his
intimate acquaintance. about the mat
ter, and that ne had not given the
newspaper men permission TO print
the facts In the case until he was
Il T5re that ne could not make them
pahlio in any other way.
Senator Root then took up the
questioning.
"Did you consider, Mr.. Kerby," ask
&c Senator Root. that you might be
4 engaged In very disreputable trans
Is nj
IT did not. said KERRY,
'eWait q minute" broke in Sena-
tor Root. .and you considered this
reputable transaction that you
should go with this Information to
4 persons who YOU knew we're unfrisnd-
~ to your SUPERIOR
d VIXEN Kerby attempted to explain
4 Root Insisted: Answer my question. =
II do consider It reputable" naid
Il Karhv s.aithough myz answer poeenai-