Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-27

the end Of that time Chairman Nelson
announced that the committee had
adopted a resolution to the effect that
no rule as to order of proof would be
adopted at this time, and that the re-
guest of Mr.. Brandeis that Mr.. Bal
!inger be the first witness called by
the defense was denied.
Must Produce Agreement.
Mr.. vertrees here called upon Mr.
Brandeis to produce the copy of the
agreement between Louis CLAWS and
W. w. Barr as to taking up timber
lands in Washington. The existence of
this contract was brought out during
the cross-examination of Barr. Brandeis
declined to give up the paper at
this time unless directed to do so by the
committee.
7 desire ruling of the committee"
The committee thereupon ruled that
the agreement be produced prior to the
next session.
the committee his statement of what
the defense expects to prove. He be-
gan by telling the committee that the
evidence which his side would present,
first, evidence that has no direct rela-
ton to the acts, personal or official. of
Mr.. Ballinger, but which bears upon
particular. collateral statements Of wit
Jones, and, second, evidence which does
relate directly to those acts Of Mr.. Bal
linger which CLAWS. Pinchot and COM
pany have sought to assail and impugn."
Declared Consciously False.
Mr. yertrees declared that he would
show the evidence OF CLAWS, Jones,
Barr and others with respect to GER
tain specific collateral facts TO be so
grossly false as to convince the COM
mittee that in these respects 1t was
deliberately fabricated and consciously
false. For example, the evidence Of the
witness Jones as to the manner In
which Mr. Sheridan conducted the
hearings in the Cunningham cases and
exposed his case to his adversaries is
such q perverston. OF the truth as to
leave no doubt 1t was deliberate: and
the evidence OF CLAWS as to the re-
lations and conduct OF Mr.. Behrens
and Mr.. bennett is equally false.
1T will also be shown" continued
Mr.. Vertrees. that Mr.. CLAWS en-
deayored to have an accounting agent
liberately falsify the account he (Gla-
vis) had rendered. in order to restore
$50 expended as stenographer's fee for
preparing the report to the President
which he and Shaw as the agent of
Mr.. Pinchot prepared-the first open
attack upon Mr.. Ballinger's good name.
1T will then be shown that in Sep
TENDER, 1909, CLAWS sure ptttiously
and corruptly concealed among his
own private belongings papers, the
knew really were not injurious to Mr..
Ballinger's name. but which, being
hidden. could be made the foundation
of q malignant and slanderous accusa-
ton. and that, conceiving this to be the
situation. he called upon this commit
toa m =
those papers with view OF falsely
asserting that they were not produced
because they would inculpate him."
Evidence as to Ballinger.
.rhe evidence win then be directed
to the conduct OF Mr.. Ballinger him
self, as a lawyer, as commissioner OF
tho general land ONCE and as Secre-
tary OF the Interior. In addition to
official documents, all the witnesses
who have any knowledge Of the facts
will be presented to testify in the case.
1.-THE truth in connection with Mr.. Bal
fingers action in the Cunningham claims
and his official action in all respects
where 1t has been assailed win be shown
by the evidence"
Mr.. Vertrees then went on to sketch what
he intended to show. beginning with Mr..
Ballinger's appointment as commissioner
of the general land Office in 1907 by Presi-
dent Roosevelt. He declared that the
Secretary entered his present Office under
obligations to no one, and that never In
private or public life had he in any way
or through any agency had any interest
whatsoever in public lands or coal OF
minerals IN Alaska. Mr.. Ballangers only
interest, the attorney declared. was that
as an officer Of the government desiring
that to happen and that to be done
which should be for the best interests OF
the people OF the United States.
The attorney then began with the first
Investigations made by Louis r. CLAWS
into the Cunningham claims. Upon the
racond and fha rannrf ha AAclarad II an