Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-18
HOPE TO IMPEACH
GLAv|S'S EVIDENCE
Vertrees Expects to Do This as to
Parts of Story With Testimony
Of Behrens of Seattle.
LAWYER AND WITNESS CLASH
Protested TO Committee Tint CLAWS
Always tiles String 10 His
Answers"

Washington. Feb. 1S.-Continuing his
cross-examina1on OF Louis r. Claws
at the Ballinger- Pinchot inquiry today
counsel for Secy. Ballinger drew from
the witness the fact that UP to the
time Mr.. Ballinger went out of office
as land commissioner in March, 1898,
there had boon no evidence of fraud
In the Alaska coal cases presented 20
the department.
The Cunningham journal" which
contained evidence of al alleged agree
ment, CLAWS said. had not been found
at that time. However, the witness de-
clared. Mr.. Ballinger. in his opinion,
mad not acted as a man would IL tho
property had been his own instead OF
the governments.
As to Mr.. Ballinger's participation
in the Wilson Coal company case,
CLAWS admitted he had no first hand
knowledge. and that he had testified
merely from hearsay.
Mr.. Vertrees questioned the witness
more closely than ever today. an
nouncing that he was endeavoring 10
discover tho motive of the witness as
to whether it was innocent or ma
licious. Atty. Brandels rather heatediy
replied that CLAWS had no other motive.
tnan 10 tell the truth.
HEARING RESUMED.
The Ballinger-Pinchot congressional
investigation committee resumed its
hearing this morning following a short
executive committee. Atty. Vertrecs.
for the defense, asked that Adolph
Behrens OF Seattle be subpoenacd to
appear as q witness before the COM
mittee.
The cross examination OF Louis Z.
CLAWS was then continued.
Mr. Vertrees announced in connec-
tion with the request for a subpoena
for Behrens that he expected to i'm
peach parts OF Glavis's story by the
testimony OF this witness. CLAWS testl-
fed that Behrens and Land Commits
sioner bennett lunched together in
Seattle and seemed on cordial terms
the very next day after bennett had
told him he did not know Behrens
one of the Alaskan coal claimants
Mr Vertrees said Mr. Behrens already
had made an affidavit denying all OF
| the CLAWS testimony.
! Mr.. Vertrees questioned CLAWS nj
| some length regarding his motive fol
bringing to the attention of the COM
| mittee lot OF rules and regulation:
regarding coal entries in Alaska wher
| Mr. Ballinger had made but one slight
change in the rules
was it to leave an unfavorable In
| ference in the minds of the COM
1nittee7" demanded the attorney.
CLAWS would not answer directly. H,
| said he had given some testimony
| favorable to Mr.. Ballinger.
"Was the change made by Secy
Rallinger a good or bad one?" asked
! Mr. Vertrees.
| "I considered 1t bad one"
ANOTHER CLASH.
The examination had not gone OF
| much further when the attorney ano
| the witness clashed on the subject ol
direct answers. Mr.. Vertrees protest
ed to the committee that Claws al
WAYS tiles a string to his answers.
| and proceeded,
'I am trying to get at the purpose
the motive. the object of the witness
whether 1t is innocent or malicious
Mr.. Brandels. attorney for Mr.
CLAWS. arose.
He has no otheer motive than to tel
the truth" shouted the lawyer. He
is bringing all the facts he can before
| the committee-all that he considers
| important-to assist the committee ir
considering Mr.. Ballinger's case
"I don't blame Mr. Vertrees for get
hesitatop OF the speech OF the witness
but the witness should be allowed tt
explain his answers"
A STRING TO ANSWERS.
Chairman Nelson said: 1T is ap-
parent to me that almost every answer
made by the witness has 4 string to 1t
He has made no direct answers. II We
were proceeding in a court of justice
under rules of evidence this state o.
affairs would not have been permitted
But we are moving along without rule'
of evidence and the chairman is pow
erless to enforce any rules.
1T want to say-the committee will b
able 20 judge of the facts proved ir
this case and the only effect of thes'
long answers with arguments append
ed Is simply to delay proceedings"
Mr.. Vertrees asked CLAWS to detail
the acts of Mr.. Ballinger while out o
the government service that he con
sldered improper. Ballinger resigne'
as commissioners of the land offici
March 4. 1908 and did not become sec
retary of the interior until March