The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-18
ATTORNEY BRANDE|S
GR|LLS WITNESS
Lawler Gets Angry and Ac-
cuses Brandeis of Lying
WITNESS rs PACIFIED
Facts Are Brought Out About the Let
ter Written BY Lawler for the Pur-
pose of Bringing Exonera-
ton to Ballinger

Washington, May IA day filled
with interesting episodes reached an
exciting climax in the Ballinger-Pin-
chot investigation late today when AS
sistant Attorney General Oscar Lawler,
author of the famous Lawler memoir
andum, rose in wrath from the witness
Of uttering a deliberate falsehood After
he had been rebuked by several mem
bers of the committee Mr.. Lawler with
drew his remarks and apologized to the
committee.
Mr.. Lawler was called to the stand by
the defense to explain the circum-
stances under which he had prepared
for the President a memorandum con-
tanning his opinion on the charges that
had been filed by Special Agent CLAWS
against Secretary Ballinger. Several
hours had been consumed in the ex-
animation of Frederick M. Kerby the
stenographer in Mr.. Ballinger's office,
who was discharged yesterday. Sena-
tor Root was very bitter toward Kerby
during the examination.
Mr.. Kerby was called unexpectedly
by Chairman Nelson soon after the
committee assembled in order that he
might give sworn testimony to his
published statement which Mr.. Bran
deis had endeavored to have printed in
the record, together with the Presi-
dents letter of last Sunday.
Directly contradicting Secretary Bal
fingers testimony Mr. Kerby said his
former superior knew about the prepa-
ration of the memorandum and added
that he participated in a conference on
the subject Furthermore he said Mr..
Lawler had told the President in his
presence that he had left copy of the
memorandum with Mr.. Ballinger.
Request for Documents
Under cross examination by Mr..
Brandels Mr. Lawler was referred to
information bearing on it which the at
torney had sent to Secretary Ballinger
through the committee. Mr.. Lawler
had informed the secretary in each in
stance that he had supplied all the
matter bearing on the CLAWS charges
in his possession.
did you not discuss with Mr.. Carr the
obvious purpose of my requests?'
mo sir"
Didn't you discuss with Carr how you
could evade my requests?"
mo"
Didn't you know you were evading-"
THAT statement is an absolute false
hood by you, SIR" the witness shouted,
jumping from his seat and facing his in
quisitor with eyes flashing.
Mr.. Brandeis instantly appealed to the
committee to reprimand the witness for
so addressing counsel.
"1f my remark has been offensive,
withdraw it, and apologize to the COM
mittee," Mr.. Lawler said.
Mr.. Brandeis was thoroughly placated
and resumed his cross-examination.
Mr.. Lawler said he had been asked by
the President to prepare an opinion and
that he regarded it as a confidential
trust He said he had furnished to the
committee all the information he had felt
at liberty to divulge, and did not think
he had any right to inform the commit
tee that such a memorandum existed.
Nobody Consulted
Immediately after his return to Wash
ington from Beverly last September Mr..
LAWYER said he had begun preparation
of his memorandum. The original draft,
he said, was completed without consult
ing anybody.
When the draft had been typewriter by
Mr.. Kerby and Mr.. Massey, he added, he
had called in Secretary Ballinger and
Others one night to hear it read.
Il wanted to be absolutely correct n
every statement" explained Mr.. Law
Ter. He said no one made any suggestion
except for the purpose of verifcation
Mr.. Lawler said he had burned the
original draft of the memorandum
II was confident he said, that gum
l.-I
months. and knew there were no depths
of degradation to which they would not
stoop. was afraid someone in the
office might be corrupted, as Mr.. Kerby
had been corrupted"
Asked who he thought was behind the
gumshoe men, Mr.. Lawler said, dramati-
cally: James R. Garfield, Clifford Pin
chot, Norman Hapgood. a man named
Connolly and that man there"
you mean Mr.. Brandeis?'
Yes. He came In later. He's the
flower of that four flock"
The reference to the champions of con-
servation caused an uproar among the
spectators, most of whom were women,
and caused some kissing.
The witness said he gave two copies
of his memorandum to the Presidents
secretary and one to the Attorney Cen
eral, and added he had not given one
to Secretary Ballinger He produced the
original, which he said he had obtained
from the White House Saturday morn
ing.
Letters Are Read
Confidential letters which passed be-
tween Secretary Ballinger and r. H.
Thompson, city engineer of Seattle, last
spring and summer were read by Stenog-
rapher Kerby to bear out his contention
that Thompson was not fit man to
be director of the reclamation service
He said M had mentioned to Mr. Bran
deis at Pinchot's home here last Feb
ruary that Ballinger had intended to sup
plant Director Newell with Thompson
ever since he became secretary. The
letters were furnished the committee in
respons to request by Mr.. Brandeis.
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