New Britain herald., 1925-01-28
Tells Senate Judiciary Committee Dept. of Justice Is Determined To Proceed With Cases.
Declares Alleged Viola tions Occurred at Capital and Accused Should Be Given Opportunity to Explain to Grand Jury.

Washington, Jan. 2S.-Attorney General Stone told the senate ju- dietary committee today that the justice department, was fully de- termined to go ahead with its new cases here against Senator Wheeler of Montana.
 Called before the committee to make Q statement in connection with the controversy which is delaying his confirmation as supreme court justice, MT. Stone declared the case to be brought here is wholly inde- pendent of the Montana proceedings in which Senator Wheeler already is under indictment.
 Conspiracy to Dcfraud
 The attorney general said the pro- ccedings here involved case of conspiracy to defraud the govern ment out of oil and mineral lands through the validating of permits held by the Gordon Campbell syndi- cate.
 The principal acts were per formed at the capital" Mr. Stone said. Much of the evidence is documentary in character and is To- cated in the interior department"
 Numerous overt acts" the attor- ney general said, had been com- mitted in the District of Columbia and he added that the evidence could not be reviewed without giv- ing the impression of possible connection by Senator Wheeler with these acts.
 Chance to Explain
 'The case could not be submitted to the grand jury without deveiop- ing Senator Wheelers connection" he said. Because of this he had directed that "in all fairness" Mir. Wheeler should be given an oppor- tunity to explain before the grand jury.
 Although the case pending in Montana also involves the Campbell land permits it was brought under an entirely different section of the law and charges specifically that Senator Wheeler accepted money to appear before the interior depart ment, after his election to the senate. as counsel for Campbell.
 Action Ordered in Dec,
 Mir Stone disclosed that orders that the new case go to the grand jury here had been given early in December after Assistant Attorney General Donovan had made a new examination of the whole matter. This examination was ordered by the attorney general, he said, in August.
 Donovan's instructions, he con- tinued, were 10 examine into the case as a wholly new matter. His report was made early in December
 T reached the conclusion" Mr Stone said, that the facts in the case had q much wider scope than at first appeared"
 Wheeler Is Present.
 Senator Wheeler entered the com mittee room in the midst of MT Stones statement. Senator Walsh democrat, Montana, counsel for his colleague and a member of the com- mittce. was present from the outset. They listened while the attorney general read 10 the committee rc- cent correspondence exchanged be- tween himself and Senator Walsh regarding the case.
 The letters disclosed that MT Stone had granted q request of Sen a'or Walsh that witnesses for Wheeler be summoned before the grand jury.
 These witnesses included Thomas Stout of Lewiston. Mont, who Walsh said "inportuncd Wheeler" to act as counsel; James IT. Baldwin oi Butte, Mont. law partner Of Wheel ar: F. N. Harvey. Eugene Ore. ono, m associate of Campbell; William Spry, commissioner of the genera land office and William H.. Tceley a Washington attorney, who repre-. scented Campbell hore IS counsel and l.. Y, Baldwin or Los Angeles, for mor attorney for Campbell,
 Mir. Storn said 'ho first thrr. named could not go before the gran jury unless they signed waivers immunity.
 Gross INamincd By Walsh
 Cross examined by Senator Wal, Nr. Stone said the case 10 be pr. ~'nt"i 10 tho grand jury here N, mot wholly dl>soc.atcd" from q. ease in Non'ana, hut that it ii NoNcj new ansIrs: new witness ard new documentary evidence.
 "Wouli rHe court in Montau nqvn iurisjjrtjon?" asked Senatu Walsh.
 "l am wiling to assume for th. purpose Of argument that the Mon tana court would have jurisdiction Mr. Stone replied.
 Evidence Right At Hand
 The attorney general added, how ever, that inquiry into the case by a grand jury here might develol' evidence pointing to q crime thai would not he indictable in Mantana. He said one reason for bringing action here was because the evi- dance in the files of the Interior 1 fDprarfr1,aDt y0uld br aHailabie He