Evening star., 1925-02-05
Senator Reiterates Charge
That Wheeler Case Is Po-
IiticaI Scheme.
DECLARES FAIR TRIAL
IN CAPITAL IMPOSSIBLE
Confirmation of Attorney General
as Justice Put Before Sem
ate for Vote.

The case of Senator Wheeler of
Montana, whose indictment Attorney
General Stone is seeking in the Dis
trict of Columbia, came to the fore
imme diately in the debate on the
nomination of Mr.. Stone to be asso-
ciate justice of the Supreme Court, in
open executive session of the Senate
today.
Senator Walsh of Montana, friend
and attorney Of Senator Wheeler, de-
clared that: "A political factor exists
in the prosecution of Senator Wheeler.
"A fair trial OF Senator Wheeler in
the National Capital may not be hau
because of the vast influence eXerted
by the administration here.
Replies to Attacks.
Replying to attacks leveled at him.
self in the press because or MS cross
questioning Mr.. Stone at hearing
before the Senate judiciary commit
tee, Senator Walsh read from an edi-
torial of the Washington Post en-
titled. Thank God for a Man Sena-
tor Walsh prefaced his remark with
the statement that he wished to call
attention to press articles "evidencing
the difficulties under which Senators
do their duty" He described the edl-
torial OF the Post as a eulogy OF the
Attorney General and castlgauon
of himself
The Washington Post has its own
grievance against me" said Senator
Walsh" referring, although not di-
rectly, TO the inquiry conducted by
him into the alleged loan of 100000
nf the Interior
Fall during the oil investigation. And
it employees the most noted lampooner
in America TO attack me.
Senator Walsh pictured the popu-
lation of Washington as about 400
600, one-fourth of whom are engaged
In the Government service and at
least 80 per cent of those so en-
ployed are looking for promotions or
increases in salaries, in his sugges-
ton that it would not be possible for
Senator Wheeler to get fair trial
here.
Says Fair Trial Difficult.
81 was accused of mendacity in the
editorial referred to-" said Senator
Walsh. because | was said to have
stated that Mr.. Wheeler could not
expect a fair trial in Washington,
because 1 suggested that it would be
unfair to bring a man 2.500 miles
from his own community to try him
in case in which the administration
has shown interest. The Republican
party has long been in power and a
large part of the population here is
Republican.
There is political factor in the
prosecution against Senator Wheeler
The case was worked up by one Cone
George 3. Lockwood employed him &c
70 a
Senator Wheeler. MIR. Lockwood is
the secretary of the Republican ma
tional committee and editor of the
National Republican"
Senator Walsh read from the testi-
mony of Cone before the Senate COM
mittee which investigated the
Wheeler case last year. and quoted
him as saying that Wheeler had been
attacking the Republican administra-
tion and that he was sent out to Mon
tana to find out what Wheeler had
been doing.
Afidavits Turned Over.
Senator Walsh said Cone testified
he obtained affidavits in regard to
Wheeler and turned them over to
Lockwood. These, in turn, had been
turned over to the Department of JUS
tice. Senator Walsh said.
said Senator Walsh, who does not
understand that there would have
been no indictment against Senator
Wheeler in Montana or in the Dis
trict of Columbia if he had not at
tackled the Republican administration
of the Department of Justice, so i
make no apology for saying that he
cannot get fair trial here"
This is not the first time" contin-
tiality of juries in the District of Co.
larly where a case has political sig
nificance."
Recalls Smith Case
Senator Walsh reverted to the case
of Delivan Smith, editor of the In
dianapolis News. which printed an
article criticizing the manner in
which the Canal Zone was acquired,
and who was at that time charged
with criminal libel on Theodore
Roosevelt. Although the newspaper
was published in Indiana. some of its
copies came into the District of CO.
lumbia, and it was held that Smith
could be indicted here on that ac-
count. Senator Walsh said that Judge
Anderson in the United States court
in Indiana had vigorously resisted
this suggestion and his decision had
been against the trial of Mr.. Smith
in the District of Columbia instead OF
in Indiana.
THE counsel for Smith said more
harsh things than l have ever said
In regard to attempting to go to
trial in the District of Columbia, "
Continued on Page 5, Column 81