The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-18

b also mot Mr.. Pinchot and Louis D
hTandoia. GlAvis's counsel.
kerby related the CIR csimstanoes leariin
up 20 giving bis statement 10 the press.
BE had been urged by Perry Arnold Of
pres association and Robert 2. Wilson
~ de Newspaper Enterprise AssOcia-
ton. who had asked him 10 make a state
uent Of all he knew relative 20 the LAWYER
brief A few days later W X. COlver
and II. \ Hickey OF Cleveland. the former
manager Of the Newspaper Enterprise
Association and the latter manager Of
the Scripps-McRae League OF Newspapers,
had come 10 him with Arnold and Wilson
and talked 10 him and his wife about the
statement he said he bad refused 10
make the statement because he did not
think IL right TO make a newspaper state
ment - long ~ there was a possibility
II his being called a. a witness IN the
uase
Later when he read Mr, Ballinger's
testimony before the committee 10 the
elect that hs had no specific knowledge
1t the Lawler memorandum and Mr. .
LAWYERS letter 10 the committee saying
that he had retained no copy Of the mem
Uranium be reached the conclusion that
the only thing for him 10 do was 20 make
The statement.
Afr Brandsis. he said. had told him that
there was no chance TO get his testimony
bsfors the committee and that had had
tome influence on his decision. He had
received no consideration for giving his
statement 10 the Newspaper Enterprises
Association. but he bad been assured that
be would get a job II he lost HE place in
Ins Department
FENCES wrrH SENATORS
For more than an hour ksrby was sub
isctad 10 a grilling by Senators Root,
Sutherland and Nelson and Representa-
tive Deadly and Olmstead. who appar-
entity sought b. break down his testimony
by making him admit that he had done
a disreputable and disloyal act IN de
dosing confidential communications.
Kerby, however. acquitted himself well
" matching wits with these lawyers and
refused 20 admit that his conduct was
IN any way reprehensible.
Kerby stuck 20 his story that be had
made his first references to the LAWYER brief
and is connection with President Taft's
letter Of September ~ Co Hugh A. Brown
last September. when no one had any idea
there would be an investigation q the
affair; that Brown had communicated this
10 Mr.. Garfield; that as a result Brown
had notified him IN February that he
Okerhyl would be called As a witness, and
40 - a.. -f.astA To IL
something could not be done 20 avoid a
ki,uahon which would result In his losing |
HE Job
Kerby testified that when the first Of |
Brandeis s calls for documents and memo |
randa were received az the Department |
his associate stenOgrapher. James q. |
Massey, had aid 10 Carr, Mr. Ballingers
private secretary. You know what that /
rneans,-
Carr replied aid Ksrby. Yes. but
they n have q hard time getting L.
kerhv testified that q oopy Of the brief /
had been retained IN the Department. /
but that II disappeared and a thorough /
search had failed n bring Il 10 hight.
fnally u had turned up with records IN
the Cunningham case that had been in
The possession ~ " n Schwartz and he
tKerbyl had fled u IN Balhngsr,s private
hls with other papers In the BallingeT-
Pinchot controversy. Il disappeared from
the flaS again about a month ago. kerby /
aid and he had had good reason n
believe that Il had been concealed In
drawer IN Carr's desk.
Secretary Bsllinger's t,stimony before
the COMMITTEES relative 10 the LAWYER
memorandum or brief was cOntradicted
by KeTby Early in his testimony kerby
bad declared that Il had been Secretary
Hallingsrs statement 10 the committee
that be (Ballingerl had M specific knoWi-
edge a. 20 the LAWYER memorandum that
oalieed him 10 decide b. make public the
fscts.
Requested by nsmters n tho com
rittse 10 b more specific On this point
Kerby cited Mr.. ~ llingers testimony on
Nav .. IN which the SeCrteary had adj
mitted thai LAWYER bad PREPARED sum
mary for the President. but disclaimed
any 1nowledgs as 20 the details % this
dorument
Kerry volunteered the statement that
this Was untrue He asserted that
SECRETARY Rallingsr had full knowledge
~ the LAWYER memorandum and knew
that a copy Of d had been retained IN the /
Department.
LETTERS ADO r PrUKlNs
II was here that Kerby took MP ~.
correspondents that had fasse1 ,Jstween
Secretary Blilnger aud George ". Per
kius bind ai=o.i etwesn Mr.. htllinger Ind
r. NJ nomrs0n u seattle. whom Mr..
BalltnGer. according % Kerry. INTENDED
- appoint - head = the reclamation
service IN place Of D. h. Newell. the pres
cut LnClniLanL
one letter written by secretary BAL
llnRer 60 Mr.. Thompson early IN May %
last year describes a tripiwhich Mr.. Per-
kins WAA about u ulake 10 Alaska aud
suggests that Mr. Thompson 60 with him
a. an expert The letter was marked
personal aud confidential Here IL is.
NJ DfAR ME THOMPSON. Last sunday
1 vas the guest Of Mr.. George ". Perkins
~ Nonkers Ms Perkins b. ~ the head
81 the house % y p.rrpont Morgan A 90.
~ you perhaps know Ne told me that he
hsd arranged Tor a special boat 20 take
himself and party. Including has family.
20 Alaska Tor the Investigation Of the FEAST
b.lity of exploiting Alaska in railroad con
sruction and IN other lines m which he Is
deeply interested. tie will SAL from seattle
about the middle Of July.
he IL DESTROYS Of having an engineer
accompany him who a not allied 10 any
Alaskan interests or 10 any railroad inter
al or other private connection which
would 10 any way influence bis judgment
aod be has been insisteut upon my recon-
uending sOms one familiar Nth the West
srn country 10 sake this voyage with him
ara 70 adviss hfsS Naturally ! could
think oi no one 20 Wea equipped as you
% al ths Once. and a. the connection Is
one o. importance and The trip would he
one n great pleasure and profit n has oC-
cured 70 me that YOU would enjoy this
form Of vacanoh.