Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-18
MOTIVES OF CLAWS
CONTINUED from First Page.)


although he was representing these
claimants and doing all he could to get
their patents. you say he told you they
couldn't get them?"
Yes
Now, Mr.. CLAWS. isn't it a fact that
the Cunningham journal, which. you say.
contained the evidence that there had
been an agreement among the claimants
in that group. was not found and was
not sent to the land Office until Mr.. Bal
finger had ceased to be commissioner"
Yes. sir"
And the only affidavits you had Sc
cured in these cases at the time were
the afidavits of the claimants them
selves?'
Yes
And there had been no adverse re-
port on these claims while Mr.. Balinger
was commissioner"
CLAWS declared this was another ques-
tion which demanded an explanation.
Chairman Nelson: Make your answer
such, as it is
Reports on Alaska Cases.
The only reports on the Alaska cases
when Mr.. Ballinger retired had been rem
dered by Special Agents Love and Jones.
1t was on the Love report that the
claims were ordered to clear. listing"
But there was my letter of February
q to Mr.. Schwartz" added CLAWS.
THAT vas written in Portland, Ore.
February q and mailed. Could 1t have
reached Washington before Mr.. Ballinger
retired from office?"
1t could just have about arrived in
Washfngton-the chances are Mr.. Ballin-
ger would not have seen it. But
don't see how Mr. Ballinger could have
claims to clear listing on the record be-
tore him. He wouldn't have acted as
he did on such evidence if the property
had belonged to him. instead of to the
nrroYr ,ov1f h @I,
he was not loyal to his trust or faithful
to the people,
Didn't Schwartz. chief of field service,
approve the clear listing of these claims.
wrOngdoing
Il said l felt Schwartz was acting un-
der direct orders of Mr.. Ballinger di-
The witness admitted. however. that
ne had absolutely no knowledge of any
one having influenced Schwartz.
Ballinger and the Green Group.
CLAWS repeated what he has hereto
fore testified to regarding Mr.. Ba,linger's
connection with the Green group, where
he acted as adviser to Representative
kinkaid of Nebraska, in buying a claim.
and told also of Mr. Ballinger having
two claimants
isn't it a fact that Mr. Ballinger
owned stock lin the Green group. that
Is, that he was given stock for some ad-
wee as to the drawing up of articles
of incorporation
Il didn't know he owned stock in the
Green group replied CLAWS.
ma am In error about that"
quickly corrected Mr.. Vertrees: ut was
stock. not in any of these cases.
CLAWS spoke once of Ballinger. giving
away these lands" Responding to ques-
ft0na
Cunningham claimants had paid all the
law demanded for the lands.
The Wilson Cases.
The cross examination of the witness
turned next upon the Wilson coal land
cases. in which CLAWS testified that Mr..
Ballinger before entering the government
service acted as attorney and drew I'D
an escrow agreement for the delivery Of
CLAWS said In his original testimony that
Mr.. Ballinger's name was left out of the
records in this case by stipulation.
Questioned by Mr.. Vertrees. Claws said
his testimony on this point had been
hearsay: that he had been told of it by
p. c. Richardson. CLAWS said he had ex-
planned the source of his informa ton at
the time of testifying. This was in reply
he hadn't testified to something he knew
nothing about.
isn't it a fact that Mr. Ballinger's
name appears nine or ten times in the
deposition OF Watson Allen in this case?"
Breezy Clash of Counsel.
This question by Mr.. vertrees precipi-
tated breezy clash of counsel and a
sharp rebuke to Attorney Brandeis for
what was declared was a reflection upon
the committee. Mr.. Brandeis said he had
endeavored to have the committee secure
the court records in the Wilson case, but
for some reason they had not been pro-
duced, although Chairman Nelson had
called personally on Secretary Ballinger.
What has he got to do with court rec
ords in Scatter" asked Representative
Olmsted.
had sent to the wrong court for the rec
ord and this had ocasioned delay.
Senator Flint told Mr.. Brandeis he had
the same access to court records as any
body else. Mr.. Vertrees explained that he
had only an uncertffed copy of the rec
ord: that it had been brought on from
Seattle by Mr.. Battle, former law part
ner of Mr.. Ballihger. when he read that
it had been charged that erasures had
been made in the record.
Lets get the record and not have all
this bushwhacking." interjected Chairman
Nelson.
A subpoena duces tecum was directed
against the clerk of the court at SeattleA
Only Hearsay knowledge.
Pressed further for his knowledge OF
Mr.. Ballinger's participation in the Will
son coal land cases. CLAWS always re-
piled that he got his information from
P. c. Richardson.
MIR. Vetrtrees said much of his infOr-
nation as to the Wilson case had come
from Henry M. Hoyt, attorney general
of Porto Rico, who was the government
counsel in the case. This was regarded
with some significance as Mr.. Hoyt had
been summoned as witness for the
prosecution to corroborate CLAWS. The
latter testified today that he, too had
| talked with Mr. Hoyt since his arrival
from Porto Rico, and that he had said
as to leaving Mr.. Ballinger's name out
Of the record that it was not essential to
the governments case.
You know nothing Of any reasons be-
fore this?".
mo
What do you mean by saying in your
letter calling in the forestry service that
the land Office probably would not show
| Assistant Law officer Shaw all the pa
pers in the case?'
Il thought they wouldn't be proud OF
some of the papers"
At this point adjournment was taken
l