The San Francisco call., 1910-08-20
Senator Explains That Third
Degree" Inquiry Has No
Wicked, UIteriOr Purpose
Smell Phase of Perrin Case
Forms Subject of Days
Hearing at Fairmont

Senste's select committee to investi-
gate the administration of the GRIM
inal law by federal officials" He did
not make ii directly at the opening of
the continuation of the examination of
United States Attorney Robert T. Dew
lin on his conduct of the DR.. E. B.
Perrin case.
The hearing had not gone on Is min
utes before he denied that he wore
gum shoes" as his Washington nick
name implies.
The denial of the senator from Mis-
souri, was made euphemistically. Il
want TO make some statement" he said, !
in view of the matter that appeared
IN the local press, which sought to
convey the impression that this COM
mittee is searching for information
with an ulteriOr purpose.
Numerous charges have been made /
by men of standing and responsibility
that improper methods have been en-
ployed by state and federal officials
10 secure convictions of persons ac-
CUsed of crime. Serious charges have
been made in this section.
NOT A PARTISAN COMMITTEE
The committee does not know how
well founded those charges are. But
the senate thought there should be |
an investigation to determine if the !
charges of gross abuse are true. The |
members of this committee will seek 1
10 ascertain facts. In its report it |
will recommend such legislation as |
may be thought proper. The COM
mittee was not appointed to investi- |
gate any one. 1t is not a partisan /
committee TO Investigate any man or /
set of men. But it win endeavor to |
hear all sides and to get at all the /
facts If there are charges of official |
,.F ha wi
vestigste and ascertain the truth
let the truth convict or vindicate as
it will
lit is important that the truth be
known and that if there have been |
wrong and improper practices they /
be shown up. II is possible that many
OF the stories that came to Washing |
ton are without foundation. We will /
examine into the facts. I feel that this
statement should be made now.
SMELL CASE INVESTIGATED
Senator Stone, having thus delivered |
himself, turned again to DeVlin. I'VE |
will now take up the Smell phase of
this case he said
The Smell phase of the Perrin case |
was the chief theme of consideration |
yesterday and there is more of Smell |
yet to come. Snelps attorney, Louis
p Boardman, was in the committee
room at the Fairmont yesterday after /
noon and stated that Smell would be on |
hand next week and probably would |
appear as a witness. Smell is now liv-
ing near San Jose.
Boardman and Perrin's attorney, Bar
clay Henley had a few tits yesterday |
afternoon as a sort of prologue to what
may be expected when Smell himself /
appears in the room.
once during the afternoon Smell
was the topic of conversation and
seven indictments against Smell here
Mr.. Boardman here is an attorney for
Smell, by what right"
Who are you?" Boardman snapped
back. You are attorney for the other
side"
The club life of the San Francisco
bar was the first matter taken up yes
terday afternoon when the hearing was
resumed in Colonel Kirkpatrick's suite
at the Fairmont. One complaint made
by Doctor Perrin against United States
Attorney Devlin was that he accepted
a juror who was a member Of club
TO which Devlin belonged. II want to
say" volunteered Devlin, that the
other attorneys in the case were MEM
bers of that same club-Campben and
Metson were members, and 1 think
Mackenzie and Drew, Lloyd was a
member of long standing and Dunno is
a member now if he was not then"
BALLINGER's WORK TRACED
The Ballinger reference was also
traced out. Devlin said that State Min
eralogist Aubury had spoken to Sec
retary Garfield of the Benson Perrin
case, and Garfield had spoken to Bal
linger on the matter.
There is in the record before the
judiciary committee" Stone said "a
letter charging perjuries made by Shell
What about that letter."
Devltn then read into the record a
mass of correspondence between him.
self. Assistant United States Attorney
A. p Black and Attorney General Bona
parte, written at and about the time
Doctor Perrin was making strenuous
efforts in both the federal and police
courts to have Smell arrested for per
jury. One of the letters related a vivid
scene between Perrin and Black. in
which the doctor called the attorney a
liar and Black wrote to his chief in
Washington. IF Doctor Perrin had been
a younger man there would have been a
personal encounter"
ATTORNEY GENERALS ADVICE
DevIin declared that he had. on the
advice of the attorney general. refused
10 prosecute Smell when he was in the
police court on a warrant sworn to by
Perrin.
Stone was very curious TO know WHY
OCNl4l AiO uOb want TO prosecute Smell
and the federal attorney replied promnt
" that he did not believe Smell was
guilty of perjury on any material fact.
He said that he advised the federal
grand jury to take up and investigate
the charges made by Perrin. Deylin
said that he had had no conferences
with William J. Burns in the case
Many of the charges made by Perrin
TO the Washington authorities were re-
cited by Stone. Devlin met them He
denied that he had engaged detectives
TO get the opinions of jurors in tbe
Perrin case. That is not true. It is
simply one of Doctor Perrfn's wild as
sertions," replied DevIin
The United States attorney said fba.
he had nothing to do with engaging
Smell In the Perrin case, but that Black
engaged him after communicat ting win
Secretary Hitchcock.
PERRIN CORRECTs DEyLIN
Devlin explained his position in re-
gard TO the perjury charges brought
against Smell by Perrin. He stated
that in his Judgment Smell was never
Perrin's attorney, but had been hired as
q land cruiser
On the whole Perrin kept himself in
good control yesterday, but once sor