The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-15
Illinois Subpoena Anglers Bailey
Who Refuses to Explain Dis
appearance Of Documents.
DEFIEs DISTRICT ATTORNEY
Lone Star Statesman Says That
Official Should Have Made
a Polite Request.

WASHINGTON. March 14.-Because
the authorities of sangamon county, Illi
nos. issued subpoena to him in connec-
ton with the proceedings against State
Senator Holstlaw. Senator Bailey OF Texas
probably Will make no explanation of the
disappearance in the senate chamber here
of the affidavit OF Bank Clerk Newton
and the Holstaw bank deposit slip. con-
cernIng which there was much discussion
during the pcndency in the senate OF the
resolution to vacatc the scat OF Senator
Lorimcr,
Mr.. Bailey said the Associated Press
was in error in sending out from Wash
lngton last Saturday the statement that
he was al work on Statement con-
cerning the disappearance of the papers.
Before the senate adjourned" said Mr..
Bailey, Senator Cummins told mo he
had been asked to make an affidavit re-
citing he had received that paper and
delivered IL 10 me and also asked me
10 make an affidavit that | had received
II from him and handed II to Senator
Tilman who had in turn handed 1t To
some other senator who desired to see il.
81 very readily told Senator Cummins
that ] would make the affidavit and Sat
urday afternoon Senator Borah told me
he had received a telegram from Senator
Cummins asking me to prepare and send
the affidavit AT once.
Il Immediately prepared il and deliv-
cred II 10 Senator Borah to be sent TO
Senator Cummins. II did not take five
minutes to prepare IL and the statement
that ] was at work on statement is
little less than ridiculous
The senator went on 10 say that after
he had given the affidavit to Mr.. Borah
Inc say for the first time a news dispatch
that a subpoena had been issued for him
in Springfield. H.. and ON sunday he
sent telegram to Senator Cummins read
ing:
ator Borah Yesterday afternoon and
promptly prepared tho affidavit. which /
delivered TO him for transportation to
YOU. Later in the afternoon read a
statement that the states attorney Of
Snngamon county had procured sub
pocna duces tecum for me and II that Is
iru" desire YOU To return my afri
davit TO me at once and under no cir
CumStanccs Will ! consent for the prose-
cutting attorney AT Springfield TO have IT.
"Of course, he perfectly understood that
Illinois could not Issue subpoena for
persons outside OF her jurisdiction and
therefore the application for IL. IL made
was contemplate pieco Of petty poll
tics. II The district attorney there had
honestly desired my presence he could
have secured it BY simple and courteous
request
SPRINGFIELD, H.. March 1i.--Whcn
shown tonight, the dispatch from Wash
ington with Senator Bailcys comment.
states Attorney Burke of Sangamon
county. said
What Mr, Bailey meant to say was
That illinois could not compel the ap.
pearancc OF witnesses from without the
state. / am slow TO believe that "A
simple and courteous request would
avail when n lawful writ does not.
I'm view Of the statements in the SEN
deposit slip, his mention of the highest
executive officer OF this state IN that
connection. the necessary inference at
lPSnrpt1hlc rItiZpnS
statc. including myself. and the subse-
uucut mysterious disaopca rance OF this
slip his attempt to explain his nonaD-
pcarauCc Is not satisfactory"