The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-03-16
GOT VERY MAD
Senator Bailey Seems 10 Think He Is
Above the Courts of Law.
SUMMONS TO TESTIFY

he says, 1s u SohoShtPeAoAC AO~o VI
Politics" on the Part of the Illinois
Prosecuting Officer Who Had the
Subpoena Issued for His Appear
ance.
A subpoena was issued last Satur-
day from Sougamon County, ILL.,, for
United States Senator Joseph W. Bal
ley Of Texas at the behest Of States
attorney, Burke, summoning him as
a witness in the case against State
Senator John S. Broderick of CHI
cago. Broderick is charged by for
mer State Senator David H. Holstlaw
of Iuka with paying him $4,000 on
July 16, 1909, in Broderick,s saloon
in Chicago for Holstlaws vote for
William Lorimer for United States
Senator.
Holtslaw produced a deposit slip
for that amount on the State Bank of
Chicago in which bank he said he de-
posted the money. The deposit Slip
was taken to Washington by the sub
committee investigating Lorimer's
election and the last knowledge OF
the whereabouts of the slip was when
Senator Bailey held it in his hand
during his speech in the Senate IN
defense of Lorimer and denounced II
as forgery. Broderick's case is set
for trial Monday, March 20.
A request to Senator Bailey for
statement regarding the missing
affidavit came from Senator Cum
Minis, of Iowa, who, telegraphlng
from Des Moines, declared he had
made statement and that he de-
sired that Senator Bailey also should
give his version of the loss Of the two
documents. At that time Senator
Bailey turned the papers over to Sem
ator Tillman and Mr. Tillman states
that he handed them to some Repub-
lican Senator. Not since then has
either Of the documents been seen.,
It is now said that because the au-
thorities of Sougamon County, ILL.,,
issued a subpoena for him, which
came to his knowledge on Tuesday,
Senator Bailey probably will make
no explanation relative to the disap-
pearance in the senate chamber at
Washington of the affidavit OF Mr..
Newton, the bank clerk, and the
Holst!aw bank deposit slip, concern
ing which there was much discussion
during the pendency in the senate OF
the resolution to vacate the seat o.
Senator Lorimer of Illinois.
Before the senate adjourned y
said Senator Bailey, Senator Cum
Minis told me that he had been asked
to make an affidavit himself reciting
that he had received that paper and
delivered it to me. and asked me also
to make an affidavit that l had re-
ceived it from him and handed it to
Senator Tillman, who had in turn
handed it to some other senators who
desired to see it. l very readily told
Senator Cummins that would make
the affidavit and Saturday afternoon
Senator Borah told me that he had
received a telegram from Senator
Cummins asking me to prepare and
send the affidavit. Immediately pre-
pared it and delivered it to Senator,
Borah to be sent to Senator Cum
Minis"
The senator went on to say mat
after he had given the affidavit 10
Mr.. Borah he saw for the first time
news dispatch saying that subpoena
had been issued for him in Spring
field, Ill.,, and on Sunday sent tel
egram to Senator Cummins reading:'
81 received your message through
| Senator Borah Tuesday afternoon
and promptly prepared the affidavit,
which l delivered to him for trans
mission to you. Later in the after
noon | read a statement that tie
States attorney Of Sangamon coun-
! " had procured a subpoenae duces
tecum for me and If that is true
desire YOU to return my affidavit 10
me at once and under no circuln-
stances will | consent for the prose-
cutting attorney at Springfield to nave
it. Of course he perfectly under
stands that Illinois could not issue a
subpoena for persons outside OF her
jurisdiction and therefore the appli-
cation for it. if made, was con-
temptble piece Of petty politics. II
the district attorney there had hon
estly desired my presence he could
have secured it by a simple and
courteous request.
Burke Replies to Bailey.
When shown at Springfield, H.,
the dispatch from Washington, with
Senator Railey's comment, STATE ,
Attorney Burke. Of Sangamon coun-
ty. Monday night said:
what Mr.. Bailey mcnt to say was
that Illinois could not 'compel the
anpearance of witnesses from with
out the State. am slow to believe
that Il simple and courteous request
would avail when subpoena does