The Detroit times., 1910-05-17
SAYS BlLLIN &c R
TOLD UNTRUTHs
UNDER OATH
Stenographer Kerby, Who Made Elk
pose Of Taft's Whitewash Letter,
Testifes Before Congressional
Investigating Committee.
Declares He Fulfilled His Honorable
Obligations to People by
Giving Facts.

WASHINGTON, May 17.-Charg-
ing that Secretary Ballinger made
false statements under oath. Fred
erick M. Kerby, dismissed yesterday
as stenographer In the interior depart
msnt, today recited before the con-
gressional committee, his statement
regarding the "Lawler draft" of the
letter used by President Taft In exon
Grating Ballinger.
Under questions by Rep. DENLY,
Kerby made the new charge that Bal
linger entered the office of secretary
with the intention OF discharging F.
II. Newell, director OF the reclamation
service. and that Ballinger had offer
ed the place 10 II. X. Thomson, city
engineer OF Seattle. He said that
when Assistant Attorney Genera
Lawler wrote to the committee say
ing no copy of his Draft" was In the
department the statement was Per
haps technically true" But, he swore
that he was morally certain" that up
TO month ago there was copy or
the Lawler draft In the desk of Pri-
yate Secretary Carr, in Ballinger's Of
fee.
In explaining his motives he sud
denly exclaimed
Garfield told me II was a public
duty To tell the facts IL called upon.
ALLOW me to ask you, Mr.. Kerby,"
said Senator Root, impressiyely, Did
you think you were fulfilling your
honorable duty TO your superior when
you went 10 the people you knew to
be unfriendly to him with this In
formation"
II think" said Kerby slowly, that
| was fulfilling my honorable obliga-
lions TO my ex-superior whose integ-
rity knew was being falsely attacked.
and my honorable obligations TO the
people of this country and the gov
srEment for whom | worked"
I'm other words" added Rep. James,
you didn't think 1t honorable TO can
eeal the truth to benefit your superior
when II must be done to the dctriment
OF the interests of the country"
81 do not" replied Kerby.
frChairman Nelson, after placing IN
the record the presidents letter OF
May l6, in reply 10 the Kerby charges
asked that Kerby, himself. be called
to the stand Brandeis asked to have
inserted in the record the Kerby am
davit and the denial issued May IL
by pricate secretary to the president,
Carpenter, but this was refused by
Chairman Nelson.
Attorney Vertrees was asked by
Chairman Nelson to examine kerby.
The witness stated that he had been
a clerk, class four, In the secretary's
ONCE.
"a confidential clerk?" asked Yer
trees.
Occasionally we handled confiden-
tial matters" Kerby answered.
In response to question why he
felt called upon to give out confiden-
tial information, Kerby said:
81 considered that my position as
one OF the clerks In the governments
service was not as a confidential clerk.
TO the secretary, but confidential
clerk to the government"
He said he had not considered 1t
necessary to give out any documents
heretofore and that the Lawler memor.
andum was the first and only instance.
Was Friendly With Garfield.
The witness admitted that he was
very friendly with former Secretary
Garfield, but denied that he had re-
ceived any communication from Gar
ield In regard to his statement.
Asked whether he had seen Gar
field. he said that between Feb. 10 and
is he sought q conference with Gar
field who was then in the city prepar-
ing to testify before the committee
CContinncd ON Page Ten.)