Omaha daily bee., 1910-04-02

! the files OF the forestry service
But that letter was never sent" COM
mented Mr. Todd
How do you know that?" demanded Mr..
Brandeis
CLAWS so testified before this commit
| tee"
Chairman Nelson asked Mr.. Brandels II
there was anything to show that the letter
had been sent.
There is no direct evidence" replied the
attorney
But It is the letter CLAWS testified he
never sent" persisted the chairman.
1T is the letter this witness says Mr..
! Glavisf testified he did not send" re-
! torted Mr.. Brandeis.
Attorney Vertrees read the CLAWS testi-
mony IN which CLAWS said he did not
] scat the letter because he heard Com
missioner bennett Of the land office was
coming TO Seattle and he could talk It
over with him As Mr.. vertrees con-
oluded Chairman Nelson turned to Mr..
Brandeis and said
you know that; why did you conceal
that fact? why didn't you tell the COM
mittee?"
Brandeis Resents Charge,
Mr. Chairman" shouted the attorney, in
a voice which could be heard far down
the corridors, II object strenuously TO the
statement that I have attempted to con-
ceal anything MY course has been such
before this committee that such a state
ment is absolutely improper and ought 10
be Withdrawn"
Representative Graham, CdemocraO: Il
move that the chairman be directed to
withdraw that remark"
Representative James L 1econd the mo-
ton"
Chairman Nelson: II won't withdraw it."
Representative Graham: II insist that my
motion be put"
Representative Mccall said that be did
not think !. was necessary, as he did not
think Mr. Brandeis had attempted to con-
ceal anything or 10 deceive the committee.
Representative James said It was recog-
nized that an attorney should have the
widest latitude in ross-examination and
that Mr.. Brandeis Ought not to be
jerked up"
Representative Graham: This is not the
first time the chairman has by inference
reflected upon Mr.. Brandeis. insist that
my mothion be put"
Madison ms Peacemaker.
Representative Madison acted as peace
maker with some success. He said he
thought the chalrman's remark was made
hastily and he did not sympathize with
it. At the same time, he continued II
must be understood that the chairman
spoke as an individual and did not
represent the opinion OF the committee,
1--WE are standing before the country in
this inquiry" continued Mr.. Madison, and
II anybody is biased or impartial it is be-
ing written by the newspaper men.
Every member OF the, committee must
stand upon his own record What the
chairman says is his personal view, ex-
cept when he makes an announcement as
the result of a vote
Mr.. Brandeis said, that in view of Mr.
Madisons statement he was willing to
allow the record to stand.
Senator Fletcher Of Florida, moved that
Mr.. Grahams motion be amended to read
that the chairman's remark did not re-
fleet the view Of the committee.
Representative olmstead moved that the
whole matter be laid on the table
A roll call was demanded on this motion
and the motion was adopted by a vote Of
six to three.
The ayes were: senator's Sutherland and
Purcell (democratD and Representatives
Mccall, olmstead, DENLY and Madison.
The nays were Senator Fletcher and
Representatives James and Graham.
Todd ContradIcts wIchersRam.
Mr.. Brandeis here read to the witness a
paragraph from Attorney General Wicker
sham's statement to the president on the
CLAWS charges in which he declared, al
though CLAWS was informed that criminal
proceedings must be begun before the May
grand jury in 1908, he took no steps what
ever to bring these prosecutions. The at
torney demanded to know IL that was true.
The May date is a mistake. I informed
Claws and Jones that the matter must be
taken up before the July grand jury. The
statement otherwise is true, except that
Jones came to me with some scattering
affidavits"
The attorney and the witness got into a
heated argument as to what constituted
"step" in criminal prosecution. Mr.. Todd
said step was q movement forward.
but it might be a backward move
ment?" suggested Mr.. Brandeis.
"It might be-"
Mr. Todd insisted he never had a con-
ference with either CLAWS or Jones
Don't you know CLAWS had been ordered
by the land office to let go Of the Alaska
matters on May 2, 1908, and to devote him
self to the Oregon land cases"
II have heard So
Mr. Brandeis attacked the witness from
time to time with Characteristic severity,
but MIR. Todd answered blunty and in a
manner which seemed to irritate the at
torney.
No Escrow Contract.
Mr. Todd testified as to the Wilson coal
land cases in which he appeared as
prosecutor. that there never was an escrow
agreement drawn up in this case so far as
the record showed
CLAWS had testified that he had been
told that Mr. Ballinger had drawn up such
an agreement and that fraud Of a gross
nature was involved in the transaction
Mr.. Todd said the escrow agreement in
the Wilson case was a verbal one Mr.
Balinger did draw up deeds for two Of
the claimants. So far as he knew, that
was his only connection with the case
Mr. Brandeis put the two deeds 81 evidence.
They bore the date Of August, 1902.
Mr.. Brandeis said he would undertake
to show TO the committee that Attorney
General Wickersham had few, II any, facts
before him upon which to base his crit
icisms Of CLAWS for procrastination and
alleged failure TO bring criminal prosecu-
ton,