Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-15

they could for me in case I was dis
missed"
He declined to say from whom he re.
| ceived the assurance.
Hopes to Be Called to Testify.
Mr.. Kerby said that the question has
| not been an easy one to decide from an
ethical and moral standpoint
Notwithstanding considerable pressure
from newspaper representatives" said
he. II had refused to make the story
public. believing that the proper course
was to wait until I could be called as a
witness. But the attitude of the commit
tee in practically shutting off inquiry re-
garding the memorandum by LAWYER con-
WINGED me that the only course to adopt
TO make the facts public would be to
give them to the PRESS
He emphatically denied that the So
called Pinchot side of the controversy
of his statement. He said that ex-Sec-
rotary Garfield knew of the facts in his
possession from a mutual friend, but had
nothing TO do with their publication.
Statements Made by Kerby.
The statement attributed to kerby says
in part that after the visit OF Secretary
Ballinger and LAWYER to the Presidents
summer residence at Beverly. in the
week beginning September ;. I.awler re-
turned to Washington and took up his
Quarters in Balhnger'S private office
calling in Massey and me for dictation."
Kcrby says that what Lawler dictated
referred to Ballnger as you in each
case. and the personal prOnoun ~ was
used throughout. From the context tue
r. could be no other than Taft himself.
There could be no question:" says the
kerby statement, that Lawler was
drafting a letter for Taft's signature. re-
viewing the CLAWS charges and exonerat
ing the Secretary. 1t was written in
such form that Taft might have adopted
it bodily.
LAS l have said. the letter was dictated
in Ballinger's private Office by LAWYER.
Probably half a dozen drafts were made
before the final one was accepted. Each
time a fresh draft was completed 1t
would be taken into Lawler, who would
revise ii.
For two days Massey and I did moth
ing but help rush this work. LAWYER
frequently consulted f.. c. Finney, as
siStant to Ballinger.
Many Called Into Conference.
The statement goes On to say that the
draft was the subject of several confer
ences. in which participated. the state
ment says, ''Ballinger. Lawler. Finney,
Commissioner Frederick bennett of the
land office, Chief of Field Service
Schwartz and. 1 think. First Assistant
Secretary Frank Pierce and Private Sec
rotary Carr
Kerby is quoted as saying:
without attempting to force my own
conclusions upon any reader of this state
was the draft of the letter generating
Ballinger in the charges CLAWS has made
against him.
The statement says further:
Early IN the week LAWYER had given
Massey and myself instructions that all
rough draft copies discarded In the COM
position of the final drafts were to be re-
tanned by us.
I'VE all understood. FROM the form of
the letter, that it was to be the basis of
1t was understood by us that this
work was of especial importance.
THE genera Arrangement of facts. the
order in which they come in the Presi-
dents letter is practically Identical with
the arrangement of facts in the final
Lawler draft, or so-called memorandum.
"The Thoughts Of Lawler."
Kerby is quoted as saying in conclusion:
Certain portions of the Taft letter L
can identify as being in substance the
thoughts of Lawler. For instance, there
is the following passage in the Taft
letter, which certainly embodies LAWYERS
thought: The general responsibility of
cabinet positions demands the selection
therefore of men of the highest character
and integrity. Possession of these quail
tiles, as we'll as an ability and experience
which especially fitted you to direct the
affairs of the Department OF the Inte-
rior. warranted your appointment as Sec
retary-,s
draft and doubtless very materially
changed the wording. in that he substi-
tuted for certain Lawler phrases, phrases
Of his own. meaning the same thing
benefits Denial of Participation.
Attorney Brandeis. counsel for L. r.
CLAWS, has made several efforts to obtain
the LAWYER memorandum, and has prom
ised that it would appear so similar to
the Presidents letter of September Is as
to prove that it formed the basis of the
Presidents letter of exoneration.
Attention was called to the memoran-
dunn by Mr. Brandeis when he began
cross-examination of Fred bennett, COM
missioner of the general land office. late
yesterday afternoon, before the investi-
eating committee.
He said the document had been received
by the clerk of the committee about 3
"
because he desired to refer to it in his
cross-examination. At that time several
members Of the committee were reading
in newspapers the statement of kerby.
will you tell us what you know of the
preparation of the Lawler memOran-
dunn" asked Mr.. Brandeis.
Il didn't know anything about it, re-
piled Mr.. bennett. He added that he had
heard that Lawler was preparing some
thing for the President, but that he had
no connection with its preparation.
Were you present when the memoran-
dunn was being considered?"
NO"
Did you not know that, as the result
of the trip of Secretary Ballinger and
Mr.. Lawler to Beverly, the latter was
preparing a memorandum
NO
Contradicts Kerby's Declaration.
Mr.. bennett denied that he had had
any conference or correspondence with
Attorney General Wickersham iii refer
ence to the summary of the CLAWS
charges which Mr.. Wickersham prepared
for the President. His statement that he
tonk M mart in the conference nrayiouc