The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1910-05-18
CLIMAX COMES
IN HEARING
'-awLer Passed Lie to Brardeis
in Bailinger-Finchot Inves-
tigation.
AUTHOR OF MEMORANDUM
RERUKED BY COMMITTEE
Withdraws Remark and Offers
Apology When Ballinger's At
torney Appeals to Chairman
Nelson--Kcrby Recalled.

WASHINGTON, d. c.. May ia
day filed with interesting episodes
reached an exciting climax in the
Hallinger-Pinchot Investigation today
when Assistant Attorney General
LAWYER, author of the famous Lawler
memorandum, rose wrathfully from
the witness stand and accused Attor-
ney Brandeis of uttering a deliberate
untruth. Then after he had been re-
buked by several members of the
committee, Lawler withdrew his re-
mark and apologized to the commit.
tee.
Lawler was called to the witness
stand by the defense to explain the
circumstance under which he had pre-
pared for the president, the memoir
andum containing an opinion on the
charges filed by CLAWS against Bal
lingcr. Several hours had been con-
sumed in the examination of Freder-
lex y. karby, the stenographer in
Ballinger's cause, and he made pub
lie confidential information relating
to the Lawler memorandum.
Kcrby Recalled.
Kerby was called unexpectedly by
n sworn testimony about his published
statement which Brandeis had en-
deaVored to have printed in the rec
ord with the presidents letter of last
Sunday, directly contradicting Bal
fingers testimony before the com
mitteC
Kerby said that his former superior
knew about the preparation of the
memorandum and participated in The
conferences on the subject. Further
psore .e said that Lawler had told his
private eacaatarX, Carr. in ais prss
ence, at he had lett copy of Tho
mem oranlum with Ballinger. Under
cross eNamination by Bradeis, Lawlei
was reminded of the various requests
for the document and the information
bearing on it which the attorney had
sent to Ballinger through the com
mittec
Hot Controversy.
LaWIer had informed the secretary
in each instance that he had supplied
all the matter bearing on the CLAWS
charge lin his possession"
Didn't you discuss with Carr the
obvious purpose of my requests?''
mo, SIR
D1uu l you ulScuSS Will Carr IlON
you could evade my requests"
mo"
Didn't you know you were evad-
ing"
THAT statement is an absolute
falsehood by you, sir" shouted the
the witness, jumping from his sea-
and facing his inquisitor with flashing
eyes Brandeis appealed to the com
-, 1t-ifv,
IF my remark has been offensive
/ withdraw it and apologize to the
committee" said Lawler. BRANDED:
placated and resumed his concess ex
animation.
Lawler said that he had been asked
by the president to prepare an opin
ion and that he regarded it as con
fdental He said that he had fur
nished to the committee all the in
formation which he felt at liberty tC
divulge and that he did not think he
had any right to inform the commit
tee that such memorandum existed.
Iawler Prepared Draft Alone.
Immediately after his return t
Washington from Beverly last Sep
TENDER. Lawler said that he besar
The original draft, he said was com
rlete with out consulting "nv' '''S
AM when the draft had been type
written by Kerby and MlGSe1. Ii,
added. he called Ballinger in ant
several others to hear it read.
He said that he wanted it to be
absolutely correct in every statement
He said that no one made any sug
gestion except for the purpose o.
verifcation. Lawler said that he haC