The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-04-23
Wheeler Still
UNDER FIRE
ON STAND
Senator Is to BE 0uestioned
Further by Government on
Hayes Testimony
By KENNETH CLARK,

GREAT FALLS, Mont, April %.
Senator Burton X. Wheeler Of
Montana, on trial in Federal court
here for alleged misuse of office,
was to take the witness stand
again today for continued cross ex-
animation by the Government.
John l.. Slattery, United States
district attorney. planned chiefly
to question Wheeler about an al
legged offer to split fees with
George B. Hayes, New York attor-
ney. Hayes testified Wheeler tried
to get him to handle Government
oil permits for Gordon Campbell,
Montana promoter, from whom
Wheeler is accused Of receiving a
fee to practice before the Interior
Department.
On direct examination. Wheeler
denied he met Hayes until the lat
ter appeared as a witness before
the Brockhart committee that in
vestigated the Department of Justice
in March. 1924, year after Hayes
declared Wheeler proposed the al
legged arrangement in q New York
hotel lobby.
Hayes Is Fight Center.
The whole fight in the trial now
has centered around Hayes. The
prosecution has placed its chief re-
lance for q conviction on Hayes
testimony; on it., the defense has
trained it's heaviest guns.
With Wheeler dismissed, the de-
Tense had but one more witness
here to call today.
That done, the defense was to
make fight to have accepted as
evidence a telegram from George
Luckett, Washington, D. c., tele-
phone official. Luckett reported
that the company had no record of
a long distance call TO Hayes from
e. s. Booth. formerly solicitor of
the interior, said by Hayes to have
arranged by telephone the New
York meeting with Wheeler.
Apprised of Luckett's telegram,
Slattery instructed Department Of
Justice agents in Washington to
search telephone records for Booths
long distance calls.
Will Await Report.
Until Washington reports, Stat
terry said he would fight introduc.
ton Of Luckett's telegram and de-
mAnd a recess of court until the
Justice Department completed It's
investigation.
The defense first asked for a two
day recess to bring four new wit
nesses from the east to combat
Hayes testimony, but altered it's
plans after Wheeler testified he
never talked with Hayes in New
York.
The four witnesses are on the
way here but cannot arrive until
! Saturday. If Luckett's telegram is
accepted by the court. Sena tor
| Walsh, Montana, chief defense coun-
sci, said he was ready to rest with
out introducing additional evidence,
and probably would ask for an in
structed verdict of acquittal after
rebuttal by the Government.
Walsh Calls u. s. Attorney.
NEW YORK, April pa tele-
gram was received today from
Great Falls, Montana, by District
Attorney Joab H. Banton, from
Senator Thomas J. Walsh, request
ing "in the interests of justice"
that Assistant District Attorney
Alexander Lehman be permitted to
attend the trial of Senator Burton
K. Wheeler, on trial at Great
Falls.
1t is understood Lehman is
wanted by Senator Walsh, who is
counsel for Wheeler to refute some
of the testimony of George B.
Hayes. New York lawyer, who was
the Government surprise witness.
Blanton notified Senator Walsh
that he would send a representative
from the district attorneys office
70 the Whaaler trial