Evening star., 1925-04-20
DEFENSE SCORES
IN WHEELER CASE
Judge Rules Out Testimony
on Lincoln LeaSe-Peter
Nyce May Be "Surprise."
Ry the Associated Press.

Ry the Associated Press.
GREAT FALLS, Mont, April 90
Testimony regarding the oil lease per-
NIT granted to l.. f. Lincoln, which
has been involved in the trial of Sen
ator Burton X Wheeler in United
States District Court here, was barred
from the record in a ruling today
by Judge Frank S. Dietrich.
Judge Dietrich upheld an objection
by Senator Thomas ]. Walsh, chief
counsel for Wheeler, that the Lincoln
permit was not one of those pending
before the Interior Department when
Senator Wheeler was employed by
Gordon Campbell, Montana oil OPP
orator.
The Montana Senator is accused
of having wrongfully eXerted his in
fiuence with the Interior Department
in behalf of Campbell. The Govern
ment charges that the Lincoln permit
was involved in the proceedings.
Beaulieu Testimony Accepted.
A stipulation between counsel for
both sides was read into the record
agreeing TO accept the testimony of l..
V. Beaulieu as he gave ii before the
Senate investigating committee. Beau
lieu once was an attorney for one of
Campbell's oil Syndicates. Beaulieu
Was excused from TESTIFY ing III ptISOH
The stipulation asserted that if
Beaulieu were TO testify he would say
he received the Phil MACEDONIAN per-
NIT assignment from W. w. Rhea and
forwarded it to the Interior Depart
ment at Washington. In his testimony
before the Senate committee he de-
clared that he never knew of Wheeler
being employed by the oil syndicate to
appear before the department of the
Interior.
Three to Be Called.
Only three Government witnesses
OF first Importance remained on the
proseCutions list when the trial was
resumed here today. These are H. j.
Coleman, attorney for the Standard
Oil Co. Of California; Edwin S. Booth,
former solicitor for the Interior De-
partment, and Peter Nyce, Washing
ton attorney.
Senator Wheeler is charged with IL
legally appearing before the Interior
Department for Gordon Campbell,
client, in filing oil prospecting appli-
cations
Testimony of Mr.. Coleman of Bill
lngs, Mont, regarding the purchase
of the L. E. Lincoln oil prospecting
permit by the Standard Oil Co. of
California and the subsequent reas-
signment to Gordon Campbell, Mon
tana oil operator, and others, which
was begun Saturday, will be resumed
only If Judge Dietrich rules that testi-
mony regarding this permit is ger
name to the case.
Senator Thomas ]. Walsh of Mon
tana, chief counsel for Senator Wheel
er, objected TO testimony regarding
the Lincoln permit Saturday on the
ground that it was not mentioned spe-
cifically in the Indictment of Senator
Wheeler and because it was not pend
ing before the Interior Department,
when the Wheeler indictment was
brought.
Nyce May Be Surprise
Mr.. Nyce, who is an assistant of
George W. Chamberlain in the prac-
tice of law in Washington. is believed
to be the Governments surprise wit
ness referred to in the opening state
ment of District Attorney John L.
Slattery. Mr.. Slattery declared then
that he would produce q lawyer who
would testify that Senator Wheeler
came TO him and asked him to appear
for Gordon Campbell, Wheeler's Mon
tana client, involved in a case before
the Department of the Interior in
seeking oil prospecting permits.
According to Mr.. Slattery, the
Montana Senator promised to divide
a generous fee with the lawyer if
the latter would appear in the place
of Wheeler before the Interior De-
partment and act in a claim regarded
as being worth millions of dollars"
Slattery said Wheeler told the lawyer
that he (Wheeler) did not wish to
make an appearance at that time
before the Government department.
Opposes Statement.
Since then Mr.. Slattery has refused
to confirm or deny that the witness
referred to is Mr.. Nyce. However, on
arrival today, Mr.. Nyce declared that
If the Government expects him to
tell such a tale as that, they are
in for a big surprise, for nothing of
the sort ever happened, as far as l
know"
Senator Wheeler never made any
such appeal to me" he said. II never
talked to him but once in my life
and the conversation did not last more
than 10 minutes. That talk had to
do with the financial troubles of
Gordon Campbell. To say Wheeler
offered me a $3.50 share in any land
or compensation whatever is just
poppycock. He never even suggested
such a thing"