The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-18
Assistant Attorney General
Caps the Climax in the SEN
sational Ballinger Case.
WlTHDRAWS STATEMENT
AND MAKES APOLOGY
Examination of Dismissed Stem
ogrspher Kerby Takes Up
Large Part Of Session.

WASHINGTON, May IA day filled
With interesting episodes reached an ex-
citing climax In the Ballinger-Pinchot
investigation late today, when Assistant
Attorney General Oscar Lawler. author
OF the now famous Gawler memorandum
rose wrathfully from tho witness stand
aud accused Attorney Brandeis of utter
ing a deliberate untruth Then. after he
had been rebukod by several members of
the committee. Mr.. Lawler withdrew his
remarks and apologized to the commit
tee.
Mr. Lawler was called TO the stand by
the defense" 10 explain the oircum-
stances under which he had prepared for
tho president a memorandum containing
his opinion on the charges filed by Spe-
clal Agent CLAWS against Secretary Bal
llnger.
the examination Of Frederick NJ Kerby,
the stenographer In Mr.. Ballinger's Of
flee. discharged yesterday because he
mado public confidential information re-
kcrby was called unexpectedly by Chair
man Nelson that he might give sworn
testimony about his published statement,
which Mr.. Brandeis had endeavored to
have printed in the record, with the
presidents letter OF last Sunday.
What Kerby Says.
Directly contradicting BallngeTs tes-
timony before the committee, kerby said
his former superior knew about the prep
aration OF The memorandum and partici-
pated In a conference on the subject:
Furthermore, he said Lawler had told
Private Secretary Carr In his presence
that he had left a copy Of the memoran-
DUN with Mr.. Ballinger.
Under cross ss-examinatiOu by Mr..
Brandeis. Lawler was referred TO various
requests for the document and infor-
nation bearing on IL. which the attorney
had sent to Secretary Ballngor through
the committee. Mr.. Lawler had informed
the secretary in each instance that he
had supplied all tho matter bearing on
the CLAWS charges lin his possession.
Didn't you discuss with Mr.. Carr the
obvious purpose OF my rc1uc9ts?'
No. sir.
''Didnt you discuss with Carr how you
could evade my requests
"Didnt you know you were evading-'
"rhat statement Is an absolute iaise-
hood by you, SIR shouted the witness, iil is,
Jumping from his scat and facing his IN
uuisltor with flashing eyes.
MIR Brandeis instantly appealed 10 the
committee to reprlmand the witness
Takes 1t ALI Back.
III my remark has been offensive, /
withdraw il and apologize 10 the com
mittce." said MIR. Lawler MI Brandeis
was placatcd and resumed his cross-eA-
Mr.. Lawler said he had been asked
by the president 10 prepare an opinion
and that he rega rted IL as a confidential
trust. He said he had furnished TO tho
committee all the information he mad 1eit
at liberty 10 divulge and did not think
he had amy right 70 inform the c9inmit-
tee that such a memorandum existed.
Immediately after his return TO WASH
ingtun from Beverly last September. MT
Lawler said he had begun preparation asa Tor
his memorandum. The original dratt, ne
said WAS completed without consulting
When the draft had been typewritten
called in Secretary Ballinger and others
one night TO hear 1T read. -.
y wanted TO be absolutely correct IN
every statement" explained Mr. LAWYER
He said no one made any suggestion ex-
cent for the purpose Of verification.
Mr. Lawler said he had burned the
original draft OF the memorandum
Feared "annshoers.
.I was confident" he said. chat gum
shoe mon had been on my trail i3I
of degradation to which they would no. no,
stoop. I was afraid Some one in the
off,ce might bc corrupted as kerhy has
Asked Who ne thought were behind
The gum shoe" men. Mr., Lawler de-
clared dramatically .,so., p,,obo,
Norman Hapgood, p man named Con-
molly and that man thcre 80
You mean Mr. Brandets?' ~ .
Yes, lie came an. In ia'er' '"e
'rhis reference to the champions So,,g o,
conservation caused an uproor among
the spectators. most OF wh9m were "o"'-
The witness said he gave two copies
NJ his memorandum TO The president
secretary and one To the attorney gensaH'
and had not given one TO secretary sai-
iIn~er Ho produced the original Wnitl
ne said he had obtained from the White
House Saturday morning, .a ho
Confidential letters; Wblrn pasSHu ~
tween Secretary Ballinger and II. -
Thompson, city engineer OF o,,y. :9eae,, r,5@r
summer. were read by StenoGr@Ppneft il PM
Kmrhy tu hear out his contention tnal
Thompson was not nj man TO be IN , ,hS
reclamation service. He said nc uan
mentioned 10 Mr.. Brandcis at ,lnen"l
home here last February that BaIIlngeur u
bgd intendcd TO suppIant Director NeweII
with Thompson ever since he became SCI
retary. The letters were furnlshcu tne
committee in response to rcqucSl ny
Tho letters related TO a trip to AlnsEa,
which Ballinger had suggested IDoulps.H,
should tax. as an eHgGr' Wf porkins ~ ms nf J p.
Morgan e. Co, To make Soilc Sil,c, IN q ,rsiI-
tiou with a view TO estanlishlhs ,nr,I
road for the development VI
Confidential Letters.
Mr. Rallineer wrote Thompson he had
recon mmendc6 him TO Mr I,s sf-,rtiv
that the matter should DC hePt go $3.50
,nnt,dcntial 1t appeared from the core
spondence. Mr.. Thompson llrst had aereeSa
10 go 10 Alaska. but subsequently, H. 4ho
abandoned the trip to DC presep" ~
In the letters between Ba'nnser ata tha
Thompson reference wns ,,,n maze re,reanlza so z
,fnI NJ EaIlineer planned and To uone
proposition PROV MI palngTr hoped to v Ds sepn IN
a position to make to Thompson Iot,er us 'Te re-
tpLr,pJ' .a1aod nv MT HalIingcr from S. II. Geddes
Of seattle under date of april t1d y Thonn Iass ,"
which Geddcs wrote he haa toi1 v,aSinr
CON he would IKE To see hin IN MisninE
I"I, sSm nI ~ the head OF the reclamation serv
lee. but had assured the secretary 'N'''
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