Evening Star Newspaper, December 21, 1927, Page 3

CALMING OF HiGH De%lroyer on Way Bearing Agpgra:us.to Use Com- pressed Air. By the Associated Press. BOSTON, Decenibér 21.—The Bos- ton Navy Yard today announced that the destroyer Sturtevant, now under way for the scene of the sinking of the submarine S-4, carried apparatus With which an attempt might be made 10 calm the troubled seas with com “We are recelving many proposi tions and suggestions for reaching the S4." a naval officer said today, “and -this one will be attempted if it ap- pears practical after an inspection of the site of the disaster. Use of compressed air was suggest- ed by Philip Brashear of Princeton University, wha recently set forth the idea that ships anchored in midocean might afford landing places for trans- atlantie planes by calming the water around them in a similar way. announcement from the navy yard Said that Mr. Brashear himseif Was aboard the Sturtevant and that his scheme for calming the troubled waters off Provincetown would be at- tempted if it appeared at all feasible. Notes of the S-4 By the Associated Press. ssions of sympathy for the Submarine disaster were cabled to President Coolidge from London by King George. The message said: ““F'am much grieved at the sad dis- aster to the United States Navy sub- marine 8-4, involving so great a loss of life, and T desire to assure you, Mr. mt, the American people, and miore especially the bereaved families, of my heartfelt sympathy in this national calamity.” “All the members of the S-4 crew believed the ship was doomed,” said Mrs, Russell A. Crabb, 20.vear-old wife of one of the torpedo men trap- Ped in the torpedo chamber of the submarine. “They were afraid of the boat hecause of the many minor ac- cidents she had had. The worst of these. was off San Diego, Calif;, last year, ‘when a valve burst and the men were on the point of leaving the ship when help came. I begged my husband then to quit the service, just as I had pleaded with him after the 851 went down. but he only scorned my fears.” Mrs. Crabb said at Bos- ton her husband had shown an in- terest in aviation, but was deaf to her pleas-that he quit the sea for a Ing career. A breakwater formed by the rescue m and a deluge 'Z»fs"" on the angry was suggest at Bridgeport, Conn., by Simon Lake, inventor of the even-keel iype submarine, as a “of creating a calm area about means h Ve of the S-4 to permit diving The oil would create sailors call a “slink” to quiet water and with boats continuing the rain of oil divers could be sent down In the calmer seas. 3 e é.merluf‘ t?lelmlhlp Licensed icers’ Association wants regula- tions to govern submarine operation. The association, from New. York, asked m? ‘Wilbur for the adop- tion of the following regulations: “That surface vessels patrol in ‘which rmfi.flm that_public ' “in such , o) figlds be selected clear of lanes used by other vessels.” Evidence of the feebleness of rescue S-4 RESCUE WORK RESUMED AS TAPPING SIGNALS CEASE! (Continued from First Page.) S-8 had been trying for seven hours to communicate to Lieut. Graham Newell Fitch, leader of the valiant six, had been heard. The -8 was trying to tell the plucky lieutenant that his wife and mother were praying for him. At 11:16 am. the delicate micro- phones of the £-8 recorded vague in- articulate sounds emanating from the wrecked vessel's forward chamber. What activity gave rise to them, what tragedy was being enacted there, remained a mystery. One i tion was that the six who escaped the | swift death of their 34 shipmates when |the destroyer Paulding ripped into | their vessel were making a | desperate effort to save themselve: But their only possible egress was through ‘the ‘torpedo tubes, and they | | were buried in_mud. |vlear, attempted escape through them | {would have been practically suicidal. The sounds last night did not lighte; |hearts of the rescuers, of- admir: | able-bodied seamen, divers aind the last man of the little fleet which bobbed up and down in the high dash- | | ing waves off Provincetown, which in- | timidated even the most reckless and | | kepL him from attempting to slip down | to the cold ocean floor to wallow waist | deep in the muck into which the S-1 is | slowly sinking. Weather Continues Bad. “At 6 o'clock tonight we heard seven taps,” was the official announce- ment carrying the laconic statement, “Believe may have come from sub- marine S-4, but cannot get them to repeat nor acknowledge our calling.” Such was the latest message from | Rear Admiral Brumby, who reported that the weather was bad and con- tinued bad. Northwest storm warn- | ings posted today made the outlook | even more ominous. | “Nothing accomplished all day."” the | | admiral radioed the Charlestown Navy { Yard, from a fleet equipped ith Wer terpreta- the tubes | ' | dashes laboriou a | and | deliver t THE EVENING STAR, WASHINGTON, D. ¢, WEDNESDAY. DECEMBER 21, 1927. 1 every device which experts could de- sire to help. them get air and food to the imprisoned, but -which only | could be employed in calmer seas. | Included among the new contriv- ances brought to the scene today was | one by which divers said they could. |in fair weather bore directly into the | hull of the torpedo compartment for attachment of a hose line to carry | food and air from the ships above. | When “finis” is written to the story | of the Se4. there will have been added | to annals a tale as dramatic as any that adorn the history of a cen- I'tury and a half of heroism at sea. | will be the brief yet poignant yrecord of the 6 entombed survivors a crew of 40 who slowly suffocated neath the icy waves of a storm- d ocean while a reseme armada helplessly by. | “An iron hammer clenched in the ands of the victims wrote the story, the international code of dots, and y spelled out by the rude implement transmitted it, and the ears of divers powerless to aid | the sensitive microphones of a er submarine captured it for pos- | stood The quality ofsthe sound itself told more subtly than words the progress of the long, slow, pitiful struggle inst death in that sealed torpedo room, whose water-tight doors snatch- od the six from instant death only to em to the torture of suffo- cation. First Sounds Sunday. It was Sunday afternoon (FAt the S-8 first detected sounds from the ocean floor, where, 105 feet below, the shattered S-4- was slowly sinking into the bottom ooze. The sounds were strong and reso- lute. brought prompt response. Soon after- ward Thomas Eadie, the naval diver who was first to locate the wreck, jeyfully verified -the fact that life still existed in the torpedo compart ment of the dark hulk. KIDWCLL ‘UPHOLDS COERCION CHARGE DESPITE GRILLING (Continued from First Page) ernment attorney, Kidwell denied that he had told Easby-Smith and Hawken of a man who had spoken to him in the £mithsonian grounds and of being approached by some one in the court- house asking him how to get into the courtroom. Both these men are Burns detectives who had previously testified. Kidwell Seems Reluctant. “Standing room only” was avail- able in the small sized courtroom, where a large crowd had gathered early in view of the expected fire- works when Kidwell again took the stand. - The juror mounted into the witness stand reluctantly and faced the crowded courtroom. He had been under a warning by the court mot to talk with any one during the previous night. At the outset, Justice Siddons re- marked to O'Leary that if he in- tended to interrogate the witness fur- ther, the court thought the charges of intimidation made against the Dis- trict attorney’s office by Mr. Hoover should first be cleared up. Justice Siddons then read from yes- terday's records a statement by the assistant United States Attorney that when Kidwell resumed the stand in the morning he would produce from the witness the answers to the charges. With that understanding the court signified its willingness for the Government attorney -to continue his examination of Kidwell. . Calls Young Woman, .The young assistant attorney, who has been the center of repeated clashes, then called for a Mrs. Ma- gruder to come into the courtroom. A pretty young woman entered and stood facing Kidwell. She was idenii- it to pieces. ‘The pontoon away from the maval tug Iuka Sunday night ‘while being towed to . Twelve men nearly lost their lives when they, were tossed into the sound as their ts cap- sized in an attempt to salvage the mt‘;on. The.12 men reached shore e . Japan will ald financially the en- NAS a majority of the Board of Trustees. fied as Mrs. “Billy” Magruder. “You have seen this young lady before?” O'Leary asked. “Yes, several times in.the district attorney’s office.” Kidwell replied. “Do you recall making a statement there which she took in short hand?” Kidwell repiied he did. The juror also admitted having fixed a tag on a tobacco pouch, the same pouch which he testified yesterday he offered to a man whom he later believed to be a Burns detective, who sat down be- side him on a bench in the museum grounds one day during the trial. SPECIAL NOTICES. 0 nggnrim LETTERS 1. MUL: EEapine, intink. ressing. etc. ~ ACE o e :;an“z% . 1408'6 s, 0. w. THE NEXT EXAMINATION FOR CANDI dates for lcense to Dractice medicine surgery in the District of Columbia will be held in Washington. beginning January 10, 1928 For_information. address tary, Board of Nedical Supervisors, Sulte 110! 1801 Eve st. n.w.. Washington, D. INFORMATION 1S REQUESTED AS T identitv of driver of Chrysler. ro came im contact with two ladies at 1 mber 17 E.T. O'Connor. Southern Railway Buidiog. Room 2. Paymasters, of- ce. 22¢ OFFICE_OF MUTUAL FIRE INSURANCE OMPANY of the District of Columbia. cor. 13th st and New York ave.. ber r thich case they should be e ave cat entered. L. PIERCE BOTELER. Setretars. VOCAL INSTRUCTION—STRESS ON SIGHT Bl ailey Shoioe, aid, srgecltion Reasonable. Address Box 234V, Sh:os}{lfi‘:i"! ‘A MILLION-DOLLAR Prin Plant with taci) for Gakuly Pranting °Tor7 tacluity ’Ihe’Nia’tzonal Capital Press Phons M_650 REMOVAL SALE. pur new building. 01 laree an . The contractors jver the building. but we are ver 10 vou these ¥0ods at our 573 store 309 13th st. n.w. at wholesaler: lobbers' prices. Hundreds of impo fovelties to select from. The ELMER H PATLIN CO. 309 13th at. n.w. THERE WILL BE AN ANNUAL MEETING of the Atlantic tlding Company at_the office of the company. No. 119 South F: fax st Alexandria. Va.. on Thursday. Janu- ary 1928 This ‘meeting is for the election of offices ATLANTIC BUILDING COMPANY, By A L. ZACHARY. " Bocretary-Treasur THE 'BOARD OF DIRECTORS OF THE Seventh Street Savings Bank %Aveoder\;l;l;lns the semi-annual dividend of $6.00 per share. payable December 31st. 1027, to stockhold- ers of record . af ¢lose of businees De- cember_28th. 1927. THE ANNUAL “Do you recall reading that state- ment over?” Q'Leary asked. “Yes" the witness replied. The Government attorney then ask- ed Kidwell if he recollected correct- ing a typographical error that appear- ed in the statement and Kidwell re- plied that he had done so. Officer Ts TIdentified. “In what office did this oceur?” he asked. n Mr. O'Leary’s office,” the juror replied. “Who was present?” idwell replied that “this young Mr. O'Leary and myself." as it on that occasion you re- ferred to yesterday when you said that Mr. O'Leary caused you to swear to a false statement? O'Leary asked his L lady. here were severhl of them,” Kid- well replied hastily. O'Leary was not satisfied with this answer. “Was it on that one occasion,” he demanded. “Yes,” Kidwell replied. The Government attorney then handed Kidwell the tobacco pouch which the juror identified. “Did you fix this tag on the pouch voluntarily or otherwise?” he asked. “You asked me to,” clared. “Answer my question,” O'Leary de- marided sharply. At this point Daniel Thew Wright, attorney for Henry Mason Day, one of the respondents, objected to “browbeating” of the.witness by Gov: ernment counsel. Produces an Afidavit. O’Leary then preduced an affidavit which he told Kidwell to read care- fully. Beforé” he was permitted to interrogate ‘the witness further, Mr. Hoover demanded that defense coun- sel be permitted to peruse it. Kidwell de- it ‘the tobacco pouch had been volun- tarily produced by the witness at that time. Kidwell interjected to say that he thought it was on December 9, at his home *in the presence of my mother, yourself and myself.” “At that time did you make a statement to your mother and ask your mother to verify it,” O'Leary asked. Kidwell admitted that he did. “Did you ask her if it was a cor- rect statement?” The juror replied affirmatively. Then in response to other ques- tions Kidwell affirmed to the court that he had gone out to locate a notary public whom he knew and had taken his mother and father and the Government attorney before him where the affidavits were sworn to. “Was that statement made by you, sworn to by you and your mother, true statement?” O'Leary then de- manded. Mr. Hoover objected that the witness had not been shown the statement. It was an occasion also for Mr. Wright again to accuse theé Government at- torney, of trying to, “impeach his own withess,”: ? “We are more concerned with what Mr. O'Leary did or did not do to this witness than these matters,” declared Wright. » Justice Siddons remarked that he did not understand the alleged intimida- tion had reference to any particular 21.| time and Mr. Wright withdrew his ob- - | jection. The Government attorney then handed the sheets of paper to Kid- well an asked him to read them over carefully. The affidavits ofthe juror, his mothernd father, comprised nine typewritten sheets and Mr. Hoover also demanded that defense counsel be permitte to see them. After the statement was perused by counsel, Mr. O’Leary offered it in evi- dence and proceeded to Interrogate Kidwell further. He asked Kidwell if his mother had read the statement before going to the notary. Kidwell replied she did not read all of it be- cause she could not see well. “Before we went to the notary pub- lic, something else happened,” Kidwell reminded O’Leary at one point. “You handed me a paper,” Kidwell declared, “saying, ‘now see what hap- pens when you go to the district at- orney’s officc and exhibit a paper hav- ing headlines saying vou had been be held at the office of the - pany. 415 Fve st. n.w.. on Wednesday, Janu. U de28 s 7 b Transter books ose ays prior to the meeting. JOHN G INBERG. President. ROOF TROUBLES? Let us help you settle the —hefore big storms col We'll place Four roof in kood shape and keep it so Yor vears to come. Call us up! Roofing \ 119 3rd St. S.W. NS Company. - Main 033 them NOW 4 10 HN G, ME F. ROVER, Secretary. ROTICE—THE ANNUAL MEETING OF THE stockholdess of the Hall Association of the G. U. 0. of 0. F. of the D, C. held at the hall, No. 1606 M st. n.w.. on December % 27, at 8 o'clock p.m.. for the “election “of directors for the ensuing year and for the transaction of such other businees’ as "may vroperly before the eting. 4 SAML. W. WATSON, Secratary. BYRON & ADAMS PRINTING IN A HURRY m g T NG HOW IS YOUR ROOF? ey ot bad weather,jo come Play fRONCLAD ~ROOFING CO. priones Horah. Norh 7. __ ’ ALITY MADE TO ORDER yhen you want window sbades Call o8 i 3 1th & B E. Phone Line. 839 S hose Who Want to Sieep AND WHO DOES NOT? 't on a lump or hollowed mattress wul O e, be. fenavated to— IKE A NEW ONE —iikewise_pillows. Jew e Crenovation service. call MAIN 3031 BEDELL’S FACTORY 610 E 51, N.W. E ANNUAL MEETING OF THE STOCK- Company and_Vir. * on Janu. OFFICE _ OF FIREMEN'S INSUR- ance Company of Washingion and George: town, 303 Seventh street northwest. e stockhalders of the Firemen's Insurance Cpmnnn’ of Washington and Georgetown :a,ull mneet at the office on Monday. January 928 for the purpose of elm’tll{! thirteen olls oven directors for the ensuing vear. ol noon. HOWARD, Secretary. IRl am._to 12 | ALBERT w. THE ANNUAL MEETING OF THE SHARE- holders of the National Bank of Washing: ton. Washington for the election of directors and the transaction of such other business as may pi the meeting. will be ul on Tuesday January . at 18 o'clock noon. Polls will rémain open from 12 o'clock ngon hu 1 o.m. 37 WRANK WHITE MNOVING TO SOME OTHER TITY Get our return load rates. ‘uil and_part toad shipments to Philadelphia = New Pittshurgh. Richmond S{nrvnl rates Ph NAL DELIVERY ASS fer. THIS IS TO_CERTIFY THAT W. H | Allen of the W H. H. Allen Co.. conductins & coal husiness at 609 N. Y, ave sold his interests to Wm. J." Holtman, | Wik continyie _the business and vay | zations and collect all accounts owink to firm, W H H ALLEN. d AN. 1 e HOLTMAN, who ohli the . {offered ;a’ Bribe.” O'Leary elicited from the witness th: fact that he had asked the Gov- ernment attorney to go to the house of Miss Ruth Teates, a friend of the family who had advised Kidwell a man made inquiries about his credit standing. O'Leary took the witness over de- tails of the visit to the notary’s office and the signing of affidavits by Kid- well and his mother. Heated Argument Starts, At this point the Government coun- sel precipitated a heated argument by demanding of the witness if this state- ment was true. Mr. Wright objected ‘vigorously to the question. He was joined by Mr. Hoover. Mr. Hoover declared he had charged that this witness was being interro- gated by Mr. O'Leary and reminded the court that it had said the charge was a very serious one. “I said nothing about any affidavits until Mr. O'Leary brought them in,” Hoover protested. *“The witness said on the stand that he had been com- pelled to sign them although he could not a ree with the last paragraph. These paragraphs contained the statement that Detectives Frank J. O'Reilly and Martin Stewart had ap- proached Kidwell on certain days. Mr, Hoover charged that the dis. trict attorney was ‘“assiduously” avoiding interrogating the witness about these charges and protested that not one question has been asked by the Government attorney about the man O'Reilly, Justice Siddons interrupted to say that ske record showed Mr., Hoover Signals from the S-4's oscillator | After this was ‘done O'Leary asked | had charged -intimidation, and that the court ought to go into that. Thereupon Mr. O'Leary remarked he thought he could -overcore 'the ob- Jection. Would Limit Inquiry. Entering the discussion; Mr. Wright declared he wanted the investigation limited to the charges, and declared the Kidwell statement does not con- cern a thing that happened in the district attorney’'s office. “We make this objection for the purpose of bringing a searchlight on - these charges, that they be mot obscured, he said. Justice Siddons remarked that he did not understand that the charges were confined wholly to what oc- curred in the district attorney’s office, and Mr. Hoover interjected that the statement did not meet the charges. Justice Siddons then said he felt compelled to read the statement him- self. “The court held that Mr. O'Leary | was mot within his rights in asking | whether the statements were true and sustained .the ‘objection of de!e{l!fl counsel. A" O’Leary .then interrogated Kidwell about ‘various statements appéaring in_ the .documents, and: the yitness brought out forcibly that these state- ments were founded on recollections he had after the ineidents were all over. Museum Grounds’ Incident. Referring to the incident in the Mus seum grounds touched upon by Mrs. | Kidwell in her affidavit, Q'Leary, asked the juror if he had not remarked. that it was. his' ‘opihion andf the public’'s | opinton' that ‘Sinchair and \Fall had mil- lions of doflars and if ‘there was a { possible chance of their being convict- ed they would do anything to break up the trial. “I mentioned no names; you put them in yourself,” Kidwell retorted. In -response to close questiontig he admitted he met Fall and Sin- clair, O'Leary ‘asked him if he had not remarked that he felt that the peo- ple who were shadowing him were trying to find out if he were the kind of man Fall and Sinclair could bribe. “I said that’s the way I feel now.” Kidwell declared. Throughout the questioning con- cerning this _conversation with O'Leary, December 9, Kidwell sald he “had not mentioned any oil peo- ple_at all” Kidwell told the Government at- torney: “You asked me how I feit about having four men watching me, and 1 said I felt they were trying to find out if T was the kind of man who could be bribed.” Heard Other Jurors’ Views. At another point, Kidwell testifled he had said that he had heard other jurors remark that they felt they were being followed. During a brief discussion when O'Leaw. questioned him about this Kidwell retorted that he was telling the “truth, the whole truth and noth- ing but the truth.” “When you were interrogated in the District attorney’s office were you not asked if you were telling the truth, the whole truth and nothing but the truth?” O'Leary asked. “Those were my words,” Kidwell protested. “I T woull tell the truth no matter Who it hurt.” Then turning on the Government attorney, Kidwell added: “You said, ‘to hell with who it will help to hurt'.” O'Leary evidently did not care for that remark, but made no reply. Went to Barber Shop. Further interrogation went back ' to the day when Kidwell took O'Leary to his father’s barber shop. and the juror insisted that his mother’s state- ment_was not read to the elder Kid- well. ' He . however, that: ke hag'.told his tl,mr,'m’ 1) !’heu lfl;fi : and ‘bad | al b Temtined 2o i AP O'Reilly, coming to the barber shop. ma. £ y that. M, Oeany T AR o) ‘e&'a : ar. third {iie hat youl ever saw’ Mri O'Leary,” the Gov- ernment attorney asked. “The first day I ever saw him was in Mr. Burkinshaw’s office,” Kidwell replied. He said he was then al ing a statement to a district attor- ney’s stenographer named Swortz. Swnmrfin conduct’e:‘fih th:t room and was identified. “He and I' were alone jn:the room,” Kidwell testified, “but a lot of people were coming in and out. Some times Maj. Gordon would come in. “‘On the day you made your state- ment to Swortz and prior to that, did you ever come to Mr. Burkinshaw with a request?” O'Leary asked. “Yes,” was the reply. “Did you tell Burkinshaw you wanted to make a volutftary state- ment?” Denies Form of Statement. “I didn’t say it that way,” Kidwell replied emphatically. He related that one day Burkinshaw had told him that it was not necessary to hang around any longer. “I told Mr. Burkinshaw I wanted to see him the next morning,” Kidwell said. Upon going to Burkinshaw’s of- fice, he said, the assistant United States attorney asked him what was on his mind. “I began to tell him dif- ferent thing: Kidwell said, “and he told me to write it down just the way I felt about it. Then he changed his mind and said he would get a stenog- rapher, which he did. The date was established as Decem- r 9, During the questioning about Kid- well’s motheér and father, Mr. Hoover precipitated a near riot when he de- manded if the two persons were being kept in the district attorney’s office. O’Leary explained that he had given instructions that they could be ex- cused from the courtroom but might be needed later during the day. “They were told they could wait in the dis- trict attorney’s office if they wished to,” he replied. Hogver demanded if they were there in the office at the present time and O'Leary said he didn’t know. S. McComas Hawken, attorney for Kidwell, was sitting nearby, and Mr. Wright called out loudly: “Send Mr. Hawken upstairs to the district at- room and see if they are Parents Come Into Court.. - Kidwell's father and mother later were brought down to the courtroom. They are under subpoena also for wit: ness for the defense. Kidwell was asked by the assistant district attorney to tell the court what he told Col. Easby-Smith, who called at his home with Kidwell's at- torney, Hawken, on December 8, the night before he made the statement at the courthouse. The juror then used this opportun- ity as a vehicle by which to tell what he knew about the incident set forth by Don King, reporter, and J. Ray Akers in their affidavit that played a part in bringing about the Teapot Dome mistrial. The juror testified that a man who frequented No, 411 Four-and-a-half street southwest owed him $6 and that he had gone to the address and was standing in front of the near beer sa- loon when King, whom he had never seen before, and Akers came up in an automobile, King went inside the place and Akers beckoned to Kidwell to follow him in. Akers did not intro- duce King to him, Kidwell said, but merely explained that he was a man who worked with him at the Washing- ton Railway & Electric Co. Refused to Take Drink. According to Kidwell's testimony King stated he was sorry he had not gone to the races and that if he had gone he would have made a lot of money. King then invited him to have a drink, reaching toward his hip pock- et, Kidwell testified, and added that he refused to take a drink. Mr. Horan, o of the. place, ap- roached them, bfl #aid, and he P asked Mr. Horan if he could speak with him in the rear room. ‘Beside the closéd door of this room, Kidwell testified, he' asked Mr. Horan if,_he -k the man “who was wit] Akers, an Kidwell then said he had told Horan he did not like King’s actions and did not care to have any conversation with ‘him. §. 51 . Kidwell then related that he went into the main part of the restaurant and was intercepted by Akers and King and that King then said, “I hear you are on the jury.” Kidwell told the court he had re- plied he was sworn not to discuss any thing relating to the trial. Says He Still Refused. King then asked him, “What do you think of Sinclair?” Kidwell testi- fied. Kidweli explained he had re- plied he had just replied that he could not discuss that matter. The juror said he then left the two men_standing there and that Akers on three different occasions called to him and said he wanted to talk with him. On each oceasion, Kidwell tes tified, he said he did not care to talk. At this point Kidwell said he asked a friend if he had a car and upon being told yes, suggested that they &0 to another place to get rid of Akers and King. As they were about to get into the automobile, the juror testified that Akers and King came to the door and Akers said: “Come here, we want to talk to you, It s important.” Kidwell said he told them he would see them later and he and his friand got into the automobile and drove off to the home of another friend. He added further in his testimony that he did not see or communicate | with Akers and King thereafter, Going back to the statement of De- cember 9, dictated by Kidweil in the District attorney’s office, O'Leary put the statement into the record as evi- dence. He asked Kidwell, who had read it, if that was the statement he had prepared in his office. Denies One Sentence Was His. Kidwell declared it was so e: for a certain sentence. This sentence was read to the court: “I give this to Mr. Burkinshaw of my own free will.” “I did not dictate that,” Kidwell de- clared sharply, “Mr. Burkinshaw told me to put it in.” “Is ‘it true?” O'Leary demanded. “Yes, sir, 1 made the. statement of my own free will,” Kidwell admitted. The juror was questioned about the Detective O'Reilly who was mentiongd in one of the aflidavits as having ap- proached Kidwell to ask him how he could get into the courtroom. “You told me to look at this man carefully, to watch him so that could identify him,” Kidwell declared. He added further that when he was preparing the affidavit O'Leary had told him, “You don’t have to say for sure that this is the man, we will put in in this way.” Questioned further by O'Leary, Kid. well declared “I did not say positi: that O'Reilly was the man.” O'Leary then asked him, “Didn't you say that though you could not swear positively, O'Reilly was the man who spoke to you during the trial?* “I did not,” Kidwell said em- phatically. Gordon for Investigation, Maj. Gordon said today that the District attorney’s office welcomes a thorough investigation of the charges of intimidation made by Mr. Hoover, attorney for Sinclair, in connection with testimony of Juror Kidwell. Substantiating these charges, Kid- well said on the witness stand before court adjourned yesterday in a tur- moil that he had been made to sign affidavits which were in part false, and also that if he gave testimony with respect to an approach by one of the Burns men he would be “pro- tected” in the contempt case growing out of his alleged discussion of the Teapot Dome case with Don King, mewspaper man, and J. Ray Akers. Justice, Siddons was determined to- day to sift the charges to the bottom, and before dismissing the witness for the day, warned Kidwell not to et any one talk to him during the recess. Mr. O'Leary, assistant United States attorney, against whom the accusation of intimidation was made by the de- fense attorney, made no attempt to defend hithself yesterday against the charges, but indicated to the court that he would do so today. Calls Statements Voluntary. Agains the admissions of Juror Kid- well stood .emphatic denials frem the District attorney’s office that Kidwell had made any statements other than voluntarily. Equally important, the District At- torney’s office has the support of Col. James S. Easby-Smith, one of ' the three attorpeys appointed by Justice Siddons to investigate the contempt charges growing out of the Teapot Dome mistrial and to act in an ad- visory capacity for the court. Col. Easby-Smith, who is a disinterested attorney in the dramatic events that led up to the charges of Mr. Hoover, made a statement last night in which he upheld the contention of Maj. Gor- don that no compulsion had been brought to bear on Kidwell. To newspaper men, Col. Easby- Smith ' issued the following: “As a member of the committee appointed by the court to investigate and per- form other dutles in aid-of the court, and before Mr. Kidwell came to the District Attorney’s office, I accom- panied 8. McComes Hawken, attorney for Kidwell, to Kidwell's home, where he made a full, complete statement of facts in the presence of his father and mother to me and to Mr. Hawken. He stated as a preliminary that he had requested Mr. Burkinshaw to permit him to come to the District Attorney’s office and make a voluntary state- ment, and that he intended to do so the following morning, which was Friday, December 8.” May Call Easby-Smith. 1t is possible that Col. Easby-Smith may be called by the Government to make this substantiation on the wit- ness stand. The admission of Kidwell that he had been -“intimidated” came as a stunning and surprising blow to the Government, but Maj. Gordon and his assistants are more concerned over the reflection cast upon the District Attorney’s office by Hoover’s charges than with any statement made by Kidwell. The. text of these affidavits, which Hoover indicated had been made by the witness under pressure later were made public by Maj. Gordon with a sweeping denial that they had been made in anything other than a volun- tary manner. These affidavits bear out almost to a letter the testimony given thus far by the witness. The affidavits, five in number, and a statement in Kidwell's own hand writing, were all made voluntarily, Maj. Gordon declared. Two of the affi- its and the statement, relate Kid- well's version of contact with men he to ‘have'been Burns detec- o the best of his recollection.” These affidavits are the ones whose veracity was questioned by Mr. Hoover. Kidwell admitted in court he bad been made to sign the affidavits with the second paragraph of which he did not agree. Signed Before Notary. Maj. Gordon declared the afidavits had been signed by the juror before a notary public in the usual manner and that Kidwell had made no protest. The affidavit, which —mentioned O'Reilly’s name, was dated December 15 and is as follows: “That on the day, during the trial when I spoke to the two woman jurors, at noon recess at the door of the courthouse, a man approached me and said: ‘How can I get in there to hear that damn thing?' I said nothing. The man said: ‘I have been waiting around here all morning to hear the damned thing and I have not been able to. get in for some reason or other.’ T sald nothing. The men asked me ‘what do you think of the trial’ 1 said nothing. “Since the trial of this contempt Dt . Horan' stated he did not.] case has been going on 1 have had an opportunity to get a good look at Burns Deteetive O'Reilly, the witness who testified fn the contempt case yesterday, dnd I now. wish to'make] this statemeht: While ¥ am not-abso-- lutely positive, 1 think that O'Reilly is the man who thus spoke to me dur- ing the trial. He looks like the man. He answers the description of the man. He talks liké .the man. Accord- ing to the best of my recollections O'Reilly is the man.” Second Kidwell Affidavit. The second affidavit, signed Decem- ber 16, follow 1, Edward J. Kidwell, being first duly sworn according tdh law depose and say: “That one day while the trial was £oing on 1 went to the Smithsonian | grounds and had lunch with me anJ {ate my lunch while T was sitting on a bench. While 1 was there, sitting on the bench, a man came down the ath, the same path that the bench was on upon which T was sitting. This man_went behind tho bench upon which I was sitting and sat down under a tree for a while. He sat on the ground and a little while later he got up and came and sat on the same bench beside me. thought that this was a queer thing for a man to do, there were other | benches around that were not occupied at the time. He was the ouly man in the park at the time that I could see. This man asked me if I had a cigarette and I told him that I did not have one, 1 was smoking a pipe at the time. This man then asked me if T had the makings of a cigar- ette; and he said ‘what kind of tobac co do you smoke.” I told him it was Prince Albert. I had“a leather pouch whict: is now in Mr. O'Leary’s hand and which Mr. O'Leary is now putting a tag on on which tag 1 have written, ‘this is the pouch.’ I handed the pouch to the man. He made a cigar- ette out of the tobacco from this pouch. He rolled a cigarette. He thanked me for the tobacco. He said, ‘this is nice weather that we are having for this time of the year. I told him that it was, and after that he never said any more to me and 1 never said any more to him. I thought that he was probably a man that was looking for some information about the Fall-Sinclair oil case because he was a_ well-dressed man and did not look like the kind of man that would be buming tobacco. I left him sitting on the bench by himself and I got | up and came back to court. “Since the trial of the' contempt case has been started 1 have been in the courtroom and I have seen Detective Stewart on the witness stand while he was being questioned by Maj. Gordon. While 1 am not absolutely positive, my best recol- lection is that this Deteative Stewart is the same man that approached me and talked to me at the Smith- grounds. :DWARD J. KIDWELL, JR. ubscribed and sworn to before me this sixteenth day of December, “CARLTON G. SCHENKEN, “Notary Pubiic, D. C.” Met Man in Doorway. The juror's statement,’ the same as ne testified 1o on the stana, declares chat Sunday afternoon October 23 or October 30, when leaving 411 four- and-a-half street southwest, at the doorway of this place he met a man, whom he believed to be one of the | Burns agents, named Kline. “This man entered the door as I was com- ing out the same door.” Kidwell stated. “He did not say a word to me and I did not say anything to him. I did not see him again that day. At the time this happened I had no knowledge that this man was shadowing me.” The second, group of affidavits were | made by Juror Kidwell, his mother and his father at their home, In one Kidwell relates certain facts to show he believed he was being shadowed and told of a call received by-a friend of ‘the family, Miss Ruth Teates, in which she was asked what purported to be a credit report relative to the juror. Mrs. Kidwell's afidavit dealt with a conversation she had with a man who came to her home to inquire about the location of “Kidwell, the barber,” who was Juror Kidwell's father. The man said he had a paper for Mr. Kidwell to sign, the wife stated, and she told him where her husband could be found. Detective O'Reilly admitted on the witness stand that he had gone to the Kidwell home to make inquiries of the father. The elder Kidwell's affidavit tells how this man came to his barber shop and made inquiries about a Mrs. Stewart and that his answer was that she con- ducted a beauty shop nearby. Each of the Kidwells in turn certified to the correctness of the others’ affidavits, . Sends Greeting to Lindbergh. The Minnesota State Society, which entertained Col. Charles A. Lindbergh when he visitéd here, last night sent the following telegram to him in care of Ambassador Morrow at Mexico City: “Christmas greetings and best wishes for a happy and successful New Year from the Minnesota State Society of Washington, D. C. Bede Johnson, president.” Per Per o METAL @2 WEATHERSTR (Lasts forever. Satisfaction guarnnteed.) Col. 10384, Day, it and - 1470 Cl{nonl‘s':. l'!"\'.’.s“.mhy $1.50 $2.50 SENATORS’ AID ASKED IN KIDNAPING CASE Mother of American Held for Ran- som in Mexico Hopes for His Release. Sure Relief N il For correcting over-acidity, nor- malizing digestion and quickly relieving belching,gas,sourness, heartburn, nausea and other di- gestivedisorders, Safe. Pleasant. Normalizes Digestion and Sweetens the Breath By the Associated Prem. LOS ANGELES, December 21.— Hope of obtaining the release of her son, Lyman Fay Barber, Los Angeles mining engineer, from bandits in Mexico who are reported to be hold- ing him for $5,000 ranson, was penned today by Mrs. Mamie A. Barber upon an appeal for ald to two United States Senators and Am- bassador Morrow in Mexico City. The appeal was made by an at- torney for the Bayber family to Sen- ators Hiram Johnson and Samuel Shortridge of California upon the receipt by Mrs. Barber of news of the kidnaping of her son. The word was received in telegrams yes- terday from Barber's wife of a year, Mrs. Esther Sheherd Barber, now in Mexico City. Barber's wife, who is the daughter of a Whitier, Calif., family related the narrow escape of herself and infant daughter from capture and a_trip over the moun- tains of the Mexican capital from the Monte Carlo mine near Cacaul- tan. Barber, in a recent letter to his mother, told of attempts by a Mexi- can bandit chieftain to obtain money | from the Cia Internacional Minera, the corporation owning the - Monte Carlo mine, for “protection.” Barber and_his wife left Los Angeles last June. They went to the headquarters of the mining com- pany. FOR INDIGESTION 25¢ AND 75¢ PPCES EVERYWHERE No “Stop” Signs or “Go” Signals Between CORCORAN COURTS 23rd and D Streets N.W. And the center of downtown. Why spend the hours riding to office when you can live in these DE LUXE APARTMENTS at moderate rentals (as low as $35) With unusual service, attractive lobby. 2 fast elevators and plenty of heat and hot water, Call the Resident Manager Main 10030 for a floor plan and come look at the prettiest apart- mients in the city. ‘Cafe. Valet, Maid Service, Beautician. etc. CAFRITZ 14th & K Asents M. 9080 Urgent representations have been made to the Mexican government by Ambassador Morrow in connection with the capture by bandits of Lyman | Barber, an American mining engineer from Los Angeles, Calif., who is being held at Noxtepec. although 6,000 pesos | ransom has already been paid by his| family for his release. The bandits are now demanding an additional payment of 15,000 pesos, Ambassador Morrow today informeéd the State Department. Barber was kidnaped at Montecarlo, state of Mexico, on December 15. The American consul general in Mexico City has made representations to the state governor and the embassy has requested the foreign office to take steps for the American’s safe release. MEXICANS PATROL BORDER. MARLOW COAL CO., EST. 1858 COAL Dependable Quality Reliable Service Fair Prices MARLOW COAL COMPANY S11ESt. NW. 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