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AFTER RECESS.

The recess having expired, the subcommittee reassembled.

The names of George W. Dart, L. W. Thayer, and Le Roy E. McGill were called by the secretary. Mr. Thayer responded, and was duly sworn by the chairman.

Mr. LITTLEFIELD. If it is agreeable to the committee, I think Mr. Thayer desires to be excused until Monday. Am I right about that, Mr. Thaver?

Mr. THAYER. I live so close to Milwaukee that I presume I might be called when the subcommittee desires my presence.

The CHAIRMAN. The witness may be excused until Monday.

DEATH OF JUDGE QUARLES.

The CHAIRMAN. The members of the subcommittee have just learned with deep regret of the death of Judge Quarles, the United States district judge who presided over the court sitting in this building. The members of the subcommittee served with the deceased when he was a member of the United States Senate and entertained for him a very high regard as a man and as a public officer. They feel that it is due, as a tribute to the high esteem in which Judge Quarles was held during his lifetime, and as an evidence of respect to his memory and consideration to those he leaves behind him, that the subcommittee adjourn.

Mr. LITTLEFIELD. May I say, Mr. Chairman, that I had the honor of being a member of the lower House during quite a portion of Judge Quarles's service in the Senate; and I desire to concur most heartily with the suggestions made by the chairman with reference to Judge Quarles and his character and position.

The CHAIRMAN. The subcommittee will stand adjourned until Monday at 10 o'clock.

(At 2 o'clock and 10 minutes p. m. the subcommittee adjourned until Monday, October 9, 1911, at 10 o'clock a. m.

MONDAY, OCTOBER 9, 1911.

FEDERAL BUILDING,
Milwaukee, Wis.

The subcommittee met at 10 o'clock a. m. Present: Senators Heyburn (chairman), Sutherland, and Pomerene. Present also: Mr. C. E. Littlefield, Mr. W. E. Black, and Mr. H. H. J. Upham, counsel for Senator Isaac Stephenson.

The names of George W. Dart, Thomas Reynolds, and Edward McMahon were called.

Thomas Reynolds responded to his name, and the oath was administered to him by the chairman.

TESTIMONY OF RODNEY SACKET-Resumed.

Senator SUTHERLAND. Mr. Sacket, at the time of the adjournment on Saturday I was asking you about this payment of money to Mr. Bancroft. Did you have a talk with Senator Stephenson about that expenditure?

Mr. SACKET. I did not; no, sir.

Senator SUTHERLAND. Did you inform him that it was being made? Mr. SACKET. I did not.

Senator SUTHERLAND. Did he say anything to you about it at all? Mr. SACKET. Not to my recollection, at all.

Senator SUTHERLAND. Do you know whether he knew of it?

Mr. SACKET. I have no knowledge that he knew of it.

Senator SUTHERLAND. Do you know whether any money was paid into the hands of any other candidate for the legislature?

Mr. SACKET. Yes; Mr. C. E. Wellensgard.

Senator SUTHERLAND. Where did he live?

Mr. SACKET. In Berlin.

Senator SUTHERLAND. How much money was furnished him?
Mr. SACKET. If I remember correctly, $258.

Mr. LITTLEFIELD. I have the exact amount here. It was $250.80. Let me ask you this question, Mr. Sacket: Mr. Wellensgard lived in your home town?

Mr. SACKET. Yes, sir.

Senator SUTHERLAND. How did that arrangement happen to be Imade with him?

Mr. SACKET. I asked Mr Wellensgard over the telephone to come up into Senator Stephenson's headquarters and see me the next time he was in Milwaukee. He came up, and I asked him if he would look after Senator Stephenson's interests in Green Lake County, and he agreed to do it. The substance of the conversation was that he was to look after Senator Stephenson's interests and keep track of the money he expended in Senator Stephenson's interest. He was not to charge any money that he expended for his own campaign, and he was to render me a statement of it after it was over with, which he did, and which amount I paid.

Senator SUTHERLAND. You say it was stated that he was not to use any money in his own campaign?

Mr. SACKET. That is, none of the money that I was to furnish him.
Senator SUTHERLAND. He was a candidate at the same primary?
Mr. SACKET. Yes.

Senator SUTHERLAND. And to be voted for at the same time?
Mr. SACKET. Yes, sir.

Senator SUTHERLAND. Did he render you an itemized statement?
Mr. SACKET. He did.

Senator SUTHERLAND. Is that on file here?

Mr. SACKET. It is.

Mr. LITTLEFIELD. On file where?

Mr. SACKET. In the record of the proceedings before the joint committee. That is, there is a copy of it.

Senator SUTHERLAND. In a general way, what was the nature of his expenses?

Mr. SACKET. Hiring teams, distributing posters and literature, the employment of workers at the polls, and expenses for traveling around the county in Senator Stephenson's interest in some cases, I think.

Mr. BLACK. That statement will be found on page 911 of the proceedings before the joint committee.

Senator SUTHERLAND. Traveling about the county in the interest of Senator Stephenson would give him a very good opportunity to travel about the county in his own interest, would it not?

Mr. SACKET. According to my recollection, he filed a sworn statement of his own expenditures, according to law; and when he traveled in his own interest he paid his own expenses.

Senator SUTHERLAND. Did it occur to you that it would be difficult to separate the two? By traveling about the county "in the interest of Senator Stephenson," I suppose you mean advocating his nomination at the primary?

Mr. SACKET. I do not understand that Mr. Wellensgard did any electioneering, as I would call it, for Senator Stephenson. He simply employed people to look after Senator Stephenson's interests at the polls, to circulate his nomination papers, to hang lithographs, and to distribute literature generally.

Mr. LITTLEFIELD. Is there any objection to having inserted in the record here this exhibit which has been referred to in the joint committee's investigation, while you are examining upon it?

Senator SUTHERLAND. I think not.

Mr. LITTLEFIELD. Then the reporter may insert at the present place Exhibit 62, beginning on page 911 and covering page 912 of the proceedings before the joint committee. That will put the subject matter right together.

Senator SUTHERLAND. There is no objection to that. (The exhibit referred to is as follows:)

EXHIBIT 62.

BERLIN, WIS., September 3, 1908.

Mr. RODNEY SACKET, Milwaukee, Wis.

DEAR FRIEND: Inclosed please find my bill against Stephenson. I wish you would please see that they get it. I haven't put in anything for cigars or what little I spent. Please let me hear from you. I beat Hitchcock by 347 majority.

Yours, truly,

C. C. WELLENSGARD.

[Exhibit 62 received in evidence and is in words and figures following, to wit:]

[blocks in formation]

28. Paid to C. Rosebrook, town of St. Marie, and 4 men..

25.00

28. Paid Bill Anglem, town of Green Lake..

5.00

28. Paid W. Burdick, town of Green Lake.

5.00

28. Paid C. Schrader and men at Markesan. 28. Paid W. Malena, town of Seneca.. Sept. 3. Paid M. Resop, city of Berlin.. 3. Paid P. Kresal, city of Berlin.. 3. Paid Aug. Waslinski, city of Berlin. 3. Paid Steve Greager, city of Berlin.. 3. Paid J. Neighbor, city of Berlin.. 3. Paid J. Weir, city of Berlin.. 3. Paid J. Briskie, city of Berlin.. 3. Paid F. Bartow, city of Berlin.. 3. Paid Joe Gosh, city of Berlin... 2. Telephone bill...

2. Paid Mr. Rossa, city of Berlin..

2. Paid C. Kisnaska, city of Berlin.
2. Paid Jack Grotta..

30.00

5.00

3.00

1.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

2.80

4.00

5.00

5.00

[blocks in formation]

(Indorsed:) Paid, October 5, 1908. C. C. Wellensgard.

Senator SUTHERLAND. With whom did you talk over the matter? Mr. SACKET. I do not remember having talked of it with anyone. Senator SUTHERLAND. What you did you did entirely of your own motion?

Mr. SACKET. Yes, sir.

Senator SUTHERLAND. Had Mr. Wellensgard announced his candidacy at that time?

Mr. SACKET. I do not know whether he had announced it formally or not. I understood he was to be a candidate.

Senator SUTHERLAND. And he was a candidate?

Mr. SACKET. Yes.

Senator SUTHERLAND. What other candidate for the legislature did you employ in the same way?

Mr. SACKET. There was no other candidate that I made the arrangement with, or ratified the arrangement with.

Senator SUTHERLAND. Was there any other candidate to whom money was paid that you know of?

Mr. SACKET. I think a Mr. Shauers was employed by Mr. Edmonds. Senator SUTHERLAND. That has been gone over.

Mr. SACKET. Yes.

Senator SUTHERLAND. Anybody else?

Mr. SACKET. There was no money paid to anyone else out of our office that I know of.

Senator SUTHERLAND. That is, to anyone else who was a candidate for the legislature?

Mr. SACKET. Oh, I beg your pardon. There is one instance-a man named Kempf. I think he was a candidate for the legislature. He sent in a bill for posting bills for Senator Stephenson.

Senator SUTHERLAND. Posting bills?

Mr. SACKET. Yes. It was a regular business bill, and had nothing else to do with the campaign.

Mr. LITTLEFIELD. Was he a bill-poster?

Mr. SACKET. Yes.

Senator SUTHERLAND. There is no other candidate for the legislature whom you now recall who received money in any way whatever? Mr. SACKET. None that I recall; no, sir.

Senator SUTHERLAND. Were any accounts that do not appear in the books rendered to you by these different employees?

Mr. SACKET. I have looked through the books very carefully, and I fail to find the expense accounts of the following may I use this memorandum?

Senator SUTHERLAND. Certainly.

Mr. SACKET. Mr. McMahon, Mr. Larson, Mr. Reinold, and Mr. Rowe.

Senator SUTHERLAND. Have you the amounts of their bills?
Mr. SACKET. No, sir.

Mr. LITTLEFIELD. Would you like them to go in as he states them?
Senator SUTHERLAND. Yes.

Mr. LITTLEFIELD. I think I can give them to you.

Senator SUTHERLAND. Mr. Sacket, you mean by what you have said that these men whose names you are now about to give us rendered itemized statements of expenditures?

Mr. SACKET. Yes; at least in part.

Mr. LITTLEFIELD. The McMahon account was for $500. I have here an alphabetical list of all the men who were employed as submanagers or representatives. It is not yet quite complete.

Senator SUTHERLAND. Perhaps that had better go in the record. Mr. LITTLEFIELD. I would rather not have this particular one go in now, because later on I will have it a little more complete. Senator SUTHERLAND. You gave the name of Mr. McMahon? Mr. SACKET. Yes.

Senator SUTHERLAND. And the next is Mr. Larson?

Mr. SACKET. Mr. Larson.

Senator SUTHERLAND. Mr. Larson's account aggregates $524.80. What was the next?

Mr. SACKET. Mr. Reinold.

Senator SUTHERLAND. $161.05. The next?

Mr. SACKET. And Mr. Rowe.

Mr. LITTLEFIELD. Over $400.

Senator SUTHERLAND. $499.34. What is the next?

Mr. SACKET. Keyes.

Senator SUTHERLAND. That is not totaled right.

Mr. LITTLEFIELD. That is nearly $300.

Senator SUTHERLAND. That is J. R. Keyes?

Mr. LITTLEFIELD. Yes.

Mr. SACKET. Yes, sir.

Senator SUTHERLAND. That is $276.20. What is the next?
Mr. SACKET. Ames.

Senator SUTHERLAND. A. R. Ames?

Mr. SACKET. A. R. Ames; yes, sir.

Senator POMERENE. Give those full names, if you have them.

Mr. SACKET. I have not them here. We only have one Keyes and only one Ames.

The CHAIRMAN. We have the names and dates.

Senator SUTHERLAND. A. R. Ames, $450.

Mr. SACKET. J. T. Sexton.

Senator SUTHERLAND. Is it J. P. Sexton?

What is the next?

Mr. SACKET. J. T. Sexton, according to my recollection of it. I only have "Sexton" here.

Mr. LITTLEFIELD. I have it as "T. J. Sexton."

Senator SUTHERLAND. We have "T. J." here.

Mr. SACKET. That is right; T. J. Sexton.

Senator SUTHERLAND. T. J. Sexton, $523.98. What is the next? Mr. SACKET. L. H. Stevens.

Senator SUTHERLAND. L. H. Stevens, you say?

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