Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-05-19
LAWLER TELLSSlORYOFNO NOTE
Says He Furnished Subject Matter Of
CLAWS Charges.
DAY LIVELY WITH SENSATIONS
witness Accuses Attorney BrHndeis
of Deliberate Untruth-Kerby
COntrndicts Secretary
DaIIinEer.


interesting episodes reached an exciting
climax in the Balinger- Pinchot investiga-
ton yesterday when Assistant Attorney
General Oscar Lawler, author of the now
famous Lawler memorandum, rose wrath
fully from the witness seat and accused
Attorney Brandeis of uttering a deliberate
untruth.
Then after he had been rebuked by sew
eral members of the committee. Mr.. Lawler
withdrew his remark and apologzed to
the committee.
Mr. Lawler was called to the stand by
the defense" to explain the circumstances
under which he had prepared for the pres
ident a memorandum containing his opin-
ion on the charges that had been filed by
Special Agent Claws against Secretary
Ballinger. Several hours had been con-
sumed in the examination of Frederic X. NJ.
Kerby, the stenographer in Mr.. Ballinger's
office who was discharged yesterday
because he made public confidential infor-
nation of the department relating to the
Lawler memorandum.
Mr.. Kerby was called Unexpectedly by
Chairman Nelson soon after the committee
assembled in order that he might give
sworn testimony to his published state
ment which Mr.. Brandeis mad endeavored
to have printed in the record together with
the presidents letter Of last Sunday.
Kerby COntradIcts Chief.
Directly contradicting Secretary Bal
fingers testimony before the committee,
Kerby said his former superior knew about
the preparation of the memorandum and
that he participated in the conference on
the subject. Furthermore, he said Lawler
had told Private Secretary Carr in his
presence that he had left a copy of the
! md NkIfb Mr.
Under cross examination by Mr.. Bran
deis, Mr.. Lawler was referred to various
| requests for document and information
| bearing on it which the attorney had sent
! to Secretary Ballinger through the COM
mittee.
Mr.. Lawler had informed the secretary
| in each instance that he had supplied all
the matter bearing on the CLAWS charges
in his possession"
did you discuss with MIR. Carr the OBJ
vlous purpose of my requests?"
| mo SIR"
Did you discuss with Carr how you
could evade my requests?'
| No"
Didn't you know you were evading-"
| THAT statement is an absolute false
hood by you sir" shouted the witness,
jumping from his seat and facing his in
| QulSllOI Win IldSHlIB eyes.
Mr.. Brandeis instantly appealed to the
committee to reprimand the witness for
SO addressing counsel.
LAWYER Apologies.
IF my remark has been offensive with
draw 1t and apologize to the committee"
said Mr.. Lawler. Mr. Brandeis was thereby
placated and resumed his cross examina-
| ton.
the president to prepare an opinion and
| that he regarded 1t as confidential trust.
| He said he had furnished to the commit
tee all the information he had felt at lib
erty to divulge and did not think he had
any right to inform the committee that
such a memorandum existed.
! Immediately after his return to Wash
lngton from Beverly last September Mr..
Lawler said he had begun preparation of
his memorandum. The original draft he
said, was completed without consulting
anybody.
When the draft had ben typewriter by
Kerby and Massey, he added, he had called
in Secretary Ballinger and others one
night to hear it read.
Il wanted to be absolutely correct in
every statement" explained Mr.. LAWYER
He said no one made any suggestion, ex-
cept for the purpose of notification.
Mr.. Lawler said he had burned the origi-
nal draft of the memorandum.
Il was confident" he said, that gum
shoe men had been on my trail for months,
and l knew there were no depths of degree
dalton to which they would not stoop. l
was afraid some one in the office might be
corrupted as Kerby has been corrupted"
The "Gum shoe" Men.
Asked who he thought were behind the
"gum-shoe' men, Mr. Lawler declared,
dramatically: james H. Garfield Clifford
) Pinchot, Norman Hapgood, man named
Connolly and that man there"
You mean Mr. Brandeis?"
Yes. He came in later. He's the flower
Of that foul flock"
This reference to the champions of con-
servation caused an uproar among the spec
tators, most of whom were women, and
there was some kissing.
The witness said he gave two copies OF
his memorandum to the presidents secre-
tary and one to the attorney general and
had not given one to Secretary Balinger.
He produced the original, which he said he
had obtained from the White House Satur-
day morning.
Confidential letters between Secretary
Ballinger and r. II. Thompson, city engl-
neer OF Seattle, last summer and spring
We're read by Stenographer Kerby TO bear
out his contention that Thomson was not a
fit man to be director of the reclamation
service. He said he had mentioned to Mr..
Brandeis at Pinchots home here last Feb
ruary that Ballinger had intended TO sup
plant Director Newell with Thomson ever
since he became secretary. The letters were
furnished the committee in response to a
request by Mr.. Brandels
Contents OF Letters.
The letters related to a trip to Alaska,
which Ballinger had suggested Thomson
should take as an expert in the summer
of 1903, with Generge w. Perkins, OF j. p.
Morgan Co, to make some investiga-
ton with view to establishing a railroad
for the development of mineral lands, Mr..
Ballinger wrote Thomson, he had recon-
mended him to Mr.. Perkins and that the
matter should be kept strictly confidential.
1t appeared from the correspondence that
Mr.. Thomson had first agreed to 20 To
Alaska, but subsequently had abandoned
the trip, because Of his desire to be pres
ent at the Spokane Irrigation congress.
In the letters between Ballinger and
Thomson reference was made TO the re-
clamation service and the reorganization