Evening Star Newspaper, November 2, 1927, Page 4

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Either way, saves about two-thirds of the oney usually spent for cough reparations, and gives you a more sitive, effective remedy. It keeps fir{;ctly,mlnflL tastes pleasant— ildren e 1 1 this take hold in- nd healing the ug . :‘\:l and disappears. 8 will usually break up an ordinary fhbroat or chest cold, and it is also #plendid for bronchitis, hoarseness, and broachial astbma. Pinex is a most valuable con- centrated compound of Norwl{ ine extract and palatable guaiacol he most reliable remedy for throat and chest ailments. To Evo:d.dn;pmigl,;’nent ask your druggist for “23, ounces § of Pinex" with directions. ! Guaranteed to give absolute o satisfaction or money re- funded. The Pinex Co., Ft. Wayne, Ind. THE EVENING ON OIL CHARGES MADE PUBLIC Government Counsel Gives Out Text of Discussions Over Affdavits, With Consent of Justice Siddons. A _joint statement issued last night by Martin W. Littleton and George P. Hoover, counsel for Sinclair, de- clared that they joined with counsel for the Government in requesting Justice Siddons to declare a mistrial in the oil conspiracy case. ‘With the consent of Justice Siddons, Government counsel last night made public the stenographic report of the secret proceedings in the justice's chambers, at which Roberts and Pomerene placed the affidavits before the court. Sinclair and Fall, with counsel, also were present. Afidavits Presented. Pomerene had presented the four affidavits, which were read to the court, and offered the documents weized in the raid by the District at- orney's office “as a part of the record n the case.” There being no pending motion, Lit- 'leton inquired just in what connec- tion the documents were being offered. He was assured by the court that they were submitted as part of one of the ffidavits. Mr, Pomerene said: ‘No motion has been formally made. If it is necessary to make one, we shall make it. This is offered for the information of the court, and our be- lief is—at least mine is—that the court will act on its own motion in | this matter. Of course these aMdavits | are not presented for the purpose of | affecting either of the defendants in this case."” Justice Siddons asked respective {counsel if they had anything to say jund their statements appear, in part, as_follows: Mr. Littleton—"0f course, these problems are the most difficult and nebulous problems to deal with in the trial of a case, Ordinarily I would in |any case say that wherever there be any question as to whether the trier of the facts of a case is an honest or a dishonest man or a person who n be relied upon, everybody should 1l back from the situation and say, {‘We want nothing to do with it’ In | other words, it must be that we must all demand and seek a fair and impar- {tial trial of this case, whatever the consequence of that trial may be to the defendants or to the Government, | | Learns of Charges. “Now, I do not know the first thing {about any of these things. Counsel | for the defense knew absolutely noth. | ing concerning any of these matters {until late last evening, when knowl- | edge of the fact that some such search warrant had heen issued and some such thing as had been described here was done. “We read—and this is what I de- sire most particularly to speak of now—in the morning paper, one of the Washington papers, a very flam- bouyant article in which it was said that this motion for a mistrial would be made this morning, not attempt- ing to state the grounds upon which the motion would be made, but being an article which was heralded in the Herald—if I may be excused for a pun—all over the city and I think dis- patched all over the country by the service which reports those things, @hat this motion would be made and the jury would undoubtedly be dis- charged or a motion made to dis- charge the jury. “I have always been of the opin- ion, and I have had a considerable number of cases where the question of - motions for mistrials have been put, that, where the Government of the United States makes a motion for mistrial based upon misconduct, how- ever. the merits o fthat thing might be decided by itself, the mere making of the motion, and the knowledge of that motion going about, leaves the defendants in no position to believe partial trial after that motion is made. I do not say that these gentlemen did it for that purpose. Far be it from me to say so. Sees Effect on Jurors. “1 simply say that the effect, the inevitable, unescapable effect of mo- tion made under those circumstances is to bring terror to the jury, to bring fear to the jury and to make them less free to consider the case with an open mind and a fearless result, be- cause, after all, every man stands 'n awe of his Government albeit it is his Government; it is after all above him, and he does stand in awe if a juror's and citizens’s knowledge hovers close to them, and they feel the Govern- ment hovering about them; they do feel that way. “While the suggestion was not made by motion that the Government do move that a mistrial of this case be declared, I am prepared to say for myself, as counsel for Mr. Sin- clair, that the making of a motion and the promulgation of it in ad- vance—and I do not say that these gentlemen had the slightest thing to do with that, because I do not know a thing about it—and the subsequent promulgation of this motion, or this proceeding, much of which undoubt- edly came about, puts the defendants at a disadvantage instantly in the case, for the reasons that I have just stated. “That is my view about it.” *“The Court—Well, I gather, colonel, from what you have eald, that for probably different reasons you now feel that a determinatjon of this mat- ter—if, for instance, the court con. cluded to g0 on with the trial of the case—you feel that, from this moment on, the results might be more serious to your client?” “Mr. Littleton—I cannot escape, sir, that feeling. That is my real feeling about it. 1 do not mean to say that I have any charge to make that such a motion, if it has been made, would be made in a case for that purpose, but I do say that once the motion is heralded in advance and then made, and then published after- ward, that it leaves the defendant. for the reasons simply of the making of the motlon, or the proceeding be- ing had. in the position where he feels that he cannot obtain. probably, a fair and impartial trial before that jury. Tt certainly would terrify the juror that was in question if it were brought to his attention that his con- duct had been questioned by the Gov- ernment. Court Hears Hoover. The court then heard Mr. Hoover, who also represents Sinclair. “Mr. Hoover—If your honor please, I want to say to the court that the first intimation that I had of any- thing of this kind was yesterday af. ternoon, when Mr. Littleton and my- self were in my office, and we learned about this search warrant which is part of the record presented to your honor this morning. “That is all we knew about it in any way. We know nothing about the merjts as disclosed by the am. davits which are filed here this morn- ing. We received information in re- gard to the matter, first, by the nows- paper article which appeared in the ‘Washington Herald this morning— which your honor has not seen— which clearly shows that it was broad. cast all over the city, and no doubt came to the attention of some of the jurors, some velled intimation or sug- gestion that an investigation had been made by the Washington Herald, and that the matter which had been dis- closed by their investigation had been communicated to the district attor- ney's office and investigation set on foot by the district attorney had sub- the ‘Q'Wl which had that they can receive a falr and im. |t been disclosed by the Washington Herald. “In view of the fact that that pub- lication, followed by the afMidavits which have been flled this morning, which whatever may be the strictest secrecy observed here hy all present, nevertheless is going to reach the community in general and it is going to reach the members of this jury, 1 say that I concur heartily in what Mr. Littleton has just said to your honor, htat the mere flling of these affidavits and the publicity which will be given to this matter, would prevent any jury from rendering a fair and impartial verdict, in so far as the defendant is concerned. “The jury would be under a cloud. T would be under a suspicion, and the jury to my mind would be terrorized and would be deterred, even in a case where the evidence would fail to warrant a conviction, in acquitting the defendant on trial. Conference Is Proposed. “Now, as to the position of the other defendant, I have no means of knowing. But I would suggest to your honor that we be accorded an opportunity to confer with counsel representing the other defendant, and then we can state more clearly to your honor what our position is with reference to the matter which is now pending. “We uhderstand that there has been no formal motion filed, but that the matter has been brought to the attention of the court for such action as the court deems necessary In the administration of justice.’ “The Court—I gather, Mr. Hoover, from what your colleague. Mr. Lit- tleton said, that speaking at least for himself, and from his own view ot the matter, he feels that whatever might be the truth or falsity of the matters set out in these affidavits, that in the manner in which the matter has come up today that it is hopeless in his view to expect that from now on the jury will be able to glve consideration to the remaining testimony in the cass with the atti- tude of mind and consclous rectitude, it they entertain that, of their own conduct, “In other words, they will feel that they are under very grave suspicion about some matter about which they know nothing up to the present mo- ment. I understand that from him. Mr, Hoover-—Well, your Honor, I stated that I heartily concurred in what Mr. Littlston said in that re- gard. For myself, I fes! exactly as he does about that, that even the filing of these affidavits and the pub- Heity would disqualify this jury from further consideration f this case. “The Court—Yes. [ was going, of course, to call on counsel for the other defendent, Mr. Leahy and Mr. ‘Thompson. ““Mr. Leahy—Supplementing what Mr. Hoover stated, the first knowl- edge that we had, or intimation of anything of the sort or kind came to us last night, and had the Govern- ment not called this matter to your attention today, it had been our de- termination to call it to your Honor's attention this morning, because the only information that we had last evening was that a grand jury pro- ceeding under the title of ‘United States. vs. John Doe’ had been in progress. Information From Papers. _ “That somehow or other it involved questions with reference to this jury. And we concluded last night that iIf a grand jury proceeding were in progress so closely related to the case that the matter ought to be brought to your honor’s attention and the in- vestigation made under your direc- n, “Then this morning we read in the newspapers * * ® so that our in- formation is from the newspapers and these affidavits which we have just read for the first time. “Ot course, we kmow absolutely nothing abcut the averments or about the merits thereof or their truth of falsity. But with reference to the jury, all that we ever arked for, all that we ever want, is a fair, impartial jury. “Notwithstanding what may have been said, we never had any fear of the facts. Give us a fair and impar- jury and allow us to present the tacts in the case and we had no fear. And, in as much as this is not being said in public, the only fear at any time we ever entertained was in our inability to get a Jjury who would not be afrald, who would not be perhaps terrorized from one stand- point or another. “8o that so far as the jury being terrorized or not, we cannot speculate about the matter, but it goes to this fact, that these matters have been resented to your honor for your opor’s attention by the Government. ‘We heartily join with them in that they ought to have been presented, and as I said before we had deter- mined to bring them to your honor's attentfon this morning in the event that they had not been brought in the shape of these afidavits, a matter, of course, of which we had no knowl- edge. “And as the matter is directed to your honor’s judiclal disceetion, with no forma! motion in the case, we leave it w'l.u- the expression of those senti- ments.” Fall Counsel Agrees. Mark B. Thompson, attorney for Fall, concurred wholly with Mr. Leahy’s statement, he told the court. “‘Mr. Pomerene—May I just say one word in conclusion. One branch of this matter came to us several days ago; that is, a notice of it, and Sat. urday was the first that we learned about another branch of it. The United States attorney and my col- league feel very deeply our responsi- bility to the Government and to this court, We feel we are officers of this court. “I feel that if one of these jurors had expressed an opinion which was adverse to the defendants, and that it had come to our knowledge during the trial, we would have felt that we were in duty bound to the Govern- ment and to them to call that to the attention of the court. “And T may say further we are not unmindful of the fact that many times canards come to counsel on the one side or the other that are mere canards, and, having that thought in mind, we concluded that we would check up certain of thess things be- fore we would even presume to bring it to your honor's attention, and, after we had 80 checked it up, these am- davit: d this search warrant were the result of that checking up, and we have simply done what we con- celved to be our duty to your honor ::d to the Government In this mat- r. ““We do not feel under the circum- stances that there can be such a trial of this case by this jury, as the law requires. “The Court—1 want to say at t! moment that, in my opinion, coun: for the Government did nothing less than their duty, on the information they had received, as evidenced by these afMdavits and the accompanying documents referred to in one of them which I have not examined; that to have done feu‘n.z what they have done is nothing than their duty. It has been to me ry deep sat- Isfaction thus far in this case that the attitude of counsel, both for the Gov- ernment and for the defense. has been what I copsidered af any Fate the e < g éTAR wASHmGT;Sfi k ’D C WEDNESDAY, NOVEMBER 2. 1927. ¥ xou ua0 n[SECRET CHAMBER PROCEEDINGS ASLONGAS THISFELLOW AND HAD TALKATIVE JUROR IN €OMPANY OF MARSHALS Upper: Left to right, Deput: well and Deputy Marshal J. house this mornin, marshals, who escorted hi actlvities of Lower: U. 8. Marshal C. Cerimele, Edward J. Kid- . Clarkson. After Mr. Kidwell hal left the court- g lnllmvlnr dismissal of the jury, he was overtaken by the nf_to the District attorney’s office and later taken hefore the grand jury. The two marshals were the ones who raided a room in Wardman Park Hotel Monday night and seized papers indicating the rivate detectives in “‘<hadowing” jurors. sistant U. S. Attorneys Wiliam M. Shea and Neil Burkinshaw, who investigated the case for the U. S. Attorney. highest type of professional and eth- ical conduct. “The first intimation that I -1 do not mind speaking this for the record—of this matter was just as I was about to don my gown to take my place on the bemrch, when 1 sec- retary here—somebody had shown him a copy of the Herald, and he asked me if I had seen the Herald. 1 said I had not. I read but two papers here when I have time to read those, The Star in the evening and the Post in_ the morning. will fall into my hands a copy of one of the other papers published. “These are ex parte affidavits. They on their face show that some one had employed from practically the outset of the trial of this case a large corps of so-called operatives, private detectives, agents, whose duty it seems to have been to not only keep the members of the jury under sur- veillance but apparently to ascer- tain all that could be ascertained about the members of the jury, their associations, the people they know, their habits and what not. Some- body, if that statement of the affi- davit is true, has done this thing. “What for? If members of the Jury or any of them came to know or to feel that they were being sub- Jected to such a survelllance, not knowing who the authors or direc- tors of the surveillance were, it would be calculated in the highest degree to produce a state of mind of apprehension, fear, although each one of them might be consclous of no act or conduct of theirs that could justly expose them to the charge of vio- lating their oaths as jurors in this case, “And then we have the affidavits that refer to a particular juror. They are ex parte too as to him. “If it was incumbent upon the court at this moment to endeavor to ascertain whether the affidavits have a just foundation in fact, could the court proceed to condemn by any action that it might take hat juror without giving him a chance to be h igate the matte: Occasionally there | what a predicament the case would be in it such an_investigation had to be set on foot; if the court at this moment was required to ascertain the fact from proper evidence alleged in the affidavits. Calls Affidavits Pointed. “And yet the affidavits are, in cer- tain particulars exceedingly circum- ial. 1 mean that they are pointed. 'And, if true, there is one thing that that particular juryman did which was flatly in the face of the caution of this court, and that was that he would not talk to any one about this case, nor read newspapers, nor have them read to him. “The cage is one that you all know is attracting very deep interest throughout the country. The trial of the case is taking place in the Capital, in the National Capital, and if there Is a city in the country where judicial investigations before the courts should be conducted in a manner that inspire confidenge ‘throughout the country, this is the place, the: Capital. “The cage, 1 am happy to say, as far as my observation goes, up to the present moment has been conducted with a dignity and & gravity befitting the issues that are presented.. It is useless to ignore the fact that the de- fendants in this case are men who have been much in the public eye. That intensifies the interest through- out the country in the case, In its trial. “The charge against these men {is of the most serlous character. There are crimes for which the penalty is much severer than would be the pen- alty that could be imposed in a case “But the gravity of this case grows | out not only of the character of the offense charged, but the character’ of | the defendants, who had been long in the public eye; and now we have this. | “I would like to give a little further | reflection to this matter. I do not ask, though the responsibility be, if there | be a responsibility in connection with | the matter, on them—I do not ask the Government to make a motion in this | matter, 1 think they have done pre- | cisely their duty., and nothing else than their duty, to communicate this | to the court. So far as the court is| concerned, it is quite prepared to act | on its own responsibility in the light of the form that it has been communi- | cated today. “But I would like- a little time to reflect on_this matter.” It is not necessary to have had an Ac- count at this Bank to Borrow. 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