The Paducah evening sun., 1910-05-17
Charges That Ballineer Testi.
fled Falsely in Regard TO
Lawler Draft....Under goes
Severe Grilline.

Washington, May 17.-Fredericl
Kerby. former stenographer In Sec
retary Ballinger's Office. who mad
affidavit, revealing the character o
the Lawler memorandum. took the
stand this morning before the Bal
linger-Pinchot Investigating com
mittee. Attorney Vertrees asked
Kerby IL he was a confidential clerk
and why he felt called upon to give
out confidential information. Kerby
replied that he considered his posi-
tlon one confidential to the govern
ment and not to Secretary Ballinger.
Kerby said he was friendly with for
mer Secretary Garfield. who knew
he had been given the preparations
of the Lawler draft from another
source. He said Garfield told him
too many had already been sacri-
feed. He told OF a meeting held at
Pinchot's home.
Vertrees insistently urged Kerby
TO admit a selfish motive in giving
out his statement. Kerby denied
this and was allowed to tell the
story in his own way. He said he
first met Robert Wilson. OF the
cleveland Press. Sunday, May s, af-
ter which he talked the matter over
with his wife. He thought IL best
not to give the story to the press
II he had a chance to take the Wit
ness stand. He said the following
Tuesday II. ". Mickey editor-in-chief
OF Scripps-McRae newspaper, and w.
B. Colver, general manager OF the
Newspaper Enterprise association OF
cleveland. talked to him and Mrs.
Kerby. All agreed that his decision
was right.
81 remember Colver praised my
attitude. He said It's all right /
came down here to find a story and
found a man I'm satisfied
The next day." said Kenby. 81
read Ballinger's testimony carefully
and realized he had denied all speci-
nc knowledge OF the Lawler draft.
and stated other facts that were un-
true. This. I thought, made II i'm
poss able for Attorney Brandeis to
call me in rebuttal. as according to
the record, there was nothing to re-
but That day Brandeis said he felt
he was practically cut OF from get
ting before the committee the in
formation | had. ! knew also from
in our Office that the
attorney general and interior depart
ment had not responded with copies
of memorandum. despite Brandeis'
repeated calls for them. Therefore
thought 1t my duty to make the
facts public.
'Ballinger had stated previously in
the letter to the committee that he
wanted all the facts brought out. /
talked the matter over with my wife,
and decided II was best to make the
matter public. Wilson was there,
but he did not urge me. l did most
of the talking myself"
Kerby insisted that Lawler knew
there was a copy retained in the de-
partment. He said: "He knew there
was a copy there. AT least, he knew
that until a month ago. | had kept
II in a confidential file. then it dis
appeared / am sure It was dropped
into the drawer OF Private Secretary
Carr's desk | saw Massey take the
paper out of the drawer one day
when Carr telephoned for something
else. think il was a copy of the
Lawler draft"
Kerby denied, upon Vertrees'
questioning, that his was a selfish
motive in making his statements to
the press. He said when he read
Ballinger's denials of the existence
OF the Lawler draft he saw no
chance of getting on the witness
stand himself. and 1t was better to
make the information public. Kerby
withstood a grilling by Vertrees and
Senator Root, upholding his conten-
ton that his duty was to the gov
ernment and not to Ballinger.
Under the questions OF Represen-
tative DENLY. Kerby charged that
Ballinger entered the Office OF the
secretary OF the interior with the In
tentlon of discharging F. II. Newell,
director of reclamation service He
Offered the place to II. r. Thomp-
son, city engineer OF Seattle. Kerby
asserted that Carr had said, Eyes
and they will have a hard time get
ting IT," when asked by Massey II
no ks,aw "what that means" 4"