The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-19
CLAWS IS UNDER
WARM CROSS-F|RE
Attorney Yertrees Has Accuser
Of Ballinger Oh the Stand
All Day.
LONG QUESTIONS AND
STILL LONGER ANSWERS
Explanations" Concerning
Documentary Evidence Take
Up Much of Session.

CLAWS was under cross. examination all
day today before tho Ballinger-Pinchot
investigating committee, and, when adj
journment was taken until tomorrow
morning, there was no Indication that
John j. Vertrees, counsel for Secre-
tary Ballinger was approaching the
end Of his constant fire of Ipterroga-
ton.
The scope of the testimony given by
CLAWS and the latitude allowed by the
committee in his cross-examination are
almost without precedent. The cross
examination particularly is one of long
questions and longer answers. Usually
the questions have to DO with the con.
struction to be placed upon letters, tele-
grams, etc, that have been read into
the record. II frequently is necessary
to 90 over these documents several
times and to quote freely from them
Some idea of the latitude given to
Mr.. CLAWS may be gained from the
fact that, including the two sessions
today, the printed testimony of this
one witness alone covers nearly 1000
pages.
Interpreting Documents,
Mr.. Vertrees and Mr.. CLAWS had
several long wranges in the afternoon
as to tho meaning of many letters and
kilograms. a typical instance was i
telegram from Mr.. Ballinger in reply
to a message from Commissioner Den
nett of the land office, in which the
secretary stated his reluctance to act
in the Alaska cases, and suggested that
Mr. bennett make the necessary orders
himself as to postponing the hear
ing
Mr., Vertrees sought to show that this
meant that Mr.. Ballinger was not di'
recting the Alaska cases in any way
whatsoever. Mr.. CLAWS, on the other
hand, insisted that the only construc"
tion he could put upon the telegram
was that it showed that none Of the OF
fcials in the department dared do any
thing in the cases without first consult
ing the secretary. Mr.. CLAWS con-
tended that the telegram conveyed
specific order by Secretary Ballingcr.
Ballinger Scores Point.
Mr.. Vertrees, at the morning session,
drew from the witness the important
fact that at the time the Cunningham
claims were ordered "clear-isted" in
January, 1908. and in fact, up TO the
time that Mr., Ballinger left the service
as commissioner of the land office on
March 4. 1908. there had been no ad
verse reports on these claims and that
the Cunningham Journal. which con-
tanned the first evidence Of alleged
agreement among the claimants, had
not then been discovered,
The late afternoon session was de-
voted to an inquiry into motives of
Mr.. CLAWS In seeking the assistance of
Clifford Pinchot Claws said he went
to him because he had faith in him
and felt he was absolutely sincere. Mr.
Vertrees explained several of his long
questions today by the statement that
he was searching out the motives of the |
witness 10 discover whether they were
malicious.
Details of Testimony
The committee resumed its hearing this
morning following a short executive ses-
sion Attorney Vertrees, for the de-
fcnse asked that Adolph Behrens of Sc
attle be suhpoenaed to appear as a Wit
ness before the committee.
The cross examination OF Louis z. Gla-
Wis was then continued. q
Mr., Fertrees announced in connection
with the request for subpoena for Beh
rens that he expected to impeach parts o.
witness. Claws testified that Behrens
and Land Commissioner bennett lunched
together in Seattle and seemed on cor
dial terms the very NEXT day after Den
rens. one OF the Alaskan coal claimants.
Mr.. Vertrees said Mr.. Behrens already
had made affidavit denying ali OF
Claws testimony
Mr., Vertrees questioned Claws at some
length regarding his motive for bringing
to the attention OF the committee lot
OF rules and regulations regarding coal
entries In Alaska when Mr.. Ballingcr had
made but one slight change in the rules
WAS 1t TO leave an unfavorable infer
ence in the minds OF the committee?" de-
Handed the attorney.
Claws would not answer directly. He
said he had given some testimony favor
able to Mr.. Ballinger.
was the change. made by Secretary
Ballinger good or bad one?" asked Mr.
Vertrees,
81 considered It bad one"
The examination had, not gone on
much further when the attorney and the
witness clashed on the subject OF direct
answers Mr.. Vertrees protested TO the
committee that CLAWS always tiles
II am trying TO get at the purpose. the
motive. the object Of the witness. wheth-
er II Is innocent or malicious"
Mr. Brandeis attorney for Mr.. Gla-
Wis. arose.
Attorney Grows Excited.
''He has no other motive than TO tell
the truth" shouted the lawyer. HE is
bringing all the facts he can before the
committee-all that he considers impor-
ering Mr.. Balllngers case"
Representative Graham interposed.
II don't blame Mr.. Vertrees for get
ltatiou of the speech OF the witness but
the witness should be allowed to explain
his answers.
Chairman Nelson said
'It is apparent 10 me that almost
every answer made by the witness has a
string TO It. He has made no direct an
swers. II we were proceeding in court
OF Justice under rules or evidence this
state OF affairs would not have been per
mitted. But we are moving along with
out rules Of evidence and the chairman
Is powerless TO enforce any rules.
II want TO say the committee will be
able 10 judge OF the facts proved In this
case and the only effect of these long
answers with arguments appended Is TO
Mr.. Vertrees asked CLAWS to detail the
acts OF Mr. Balinger while out of the
government service, that he considered
improver. Bellinger resigned as COM
missioner OF the land Office March 4.
1908. and did not become secretary OF the
interior until March 3. 1909.
"His first act, replied Claws. was
when he returned from Washington to
Seattle. where / conferred with him and
told him Of the evidence I was securing
in the Alaska cases, and. having had
as commissioner all the information con-
cernlng these cases, he deliberately rem