Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-23
FALL AND SINCLAIR
MUST STAND TRIAL.;
PLEA OvERRULED
Justice Bailey Refuses to
Quash Indictment-CaSe
viii Open February z.
TWO WITNESSES NOW
IN FRANCE, COURT HEARS
Government Asks Subpoenas for
Americans Abroad to Be
Served by Consul.

Albert Is. ran, lOTluSI oSNACIeNis va
the Interior, and Harry F. Sinclair
oil magnate of New York, will go to
trial Wednesday, February 2, in Grim
inal Division of the District Su'
preme Court on an Indictment charg
ing them with conspiracy to defrauo
the United States in connection with
the lease of the Teapot Dome naval
oil reserve in Wyoming.
Justice Jennings Bailey this morn
ing set this date for the trial after
overruling motions to quash the in
dictment which he took under advise
ment last Tuesday. The defendants
were then arraigned, and. after
waving the reading of the lengthy IN
dictment, each pleaded not guilty.
owen J. Roberts, chief counsel for
the Government in the oil cases,
asked that the trial be set for Feb
ruary /. but Justice Bailey suggested
that was the day for impaneling
iuries and declared he would not
name that date. Attorney William
Z. Leahy, representing Mr.. Fall, re-
ouested delay until the last week
of February or the first week OF
March. He explained that Mr.. FAN
has been here for several weeks and
must return to New Mexico for busi-
ness reasons. The court refused the
application and set the trial for
February 2.
Witnesses Now i'm France.
Application was made today by
counsel for the Government to Justice
Bailey for the issuance of subpoenas
to be served in France on James f.
O'Neil and Harry M. Blackmer, who
are said to have been connected with
the Continental Trading Co., Ltd.
which is alleged to have made dis
tribution OF Liberty bonds as divi-
dend and of which certain of these
bonds were subsequently delivered
by ron behalf of Harry f. Sinclair
to the other defendant. Albert b.
Fall" The court took this applica-
ton under advisement.
Mr.. O'Neil, it is understood, is in
Cannes and Mr.. Blackmer in Paris
and summons VIII go out fOsthenf un-
der the authority of the act OF Con.
gress Of July 3. 1926. granting to the
United States the right to serve sub.
poenas on American subjects through
consular officers in foreign lands II
the application is granted. This act
provides a maximum penalty of 800,
900 for failure of witness to appear
at trial after he is served under the
provisions Of the act.
Should the witnesses be found they
will be rendered their travelling ex
penses to Washington and return an6
the petition of counsel suggests that
about $500 for each witness be
allowed.
Court Files Opinion.
'r have decided to overrule the mo
tions and have filed a brief memo
randum opinion" said Justice Bailey
at the opening of court. He then reaC
his opinion denying the contention o.
the defendants that their rights haC
been infringed.
The text of the courts opinion fol
lows:
1.-The motion of the defendant, HaIr,
+. Sinclair, to Quash the indictment Il
upon the grounds that Congress by
special joint resolution directed prose
cution of the charges against the de
PENDANTS under the direction and con
troll of special counsel to be appointet
by the President by and with the ad
vice and consent of the Senate; tina
these counsel so appointed did appea
before the grand jury and the indict
ment in this case was found by tha
grand jury accordingly; that sucl
joint resolution being so limited t
the prosecution of the charges agains
these defendants and being in contra
vention of the general laws of tn
United States deprived these defend
ants OF the due process of law, t
which they are entitled under the Cor
stitution of the United States.
Il see no reason why Congress can
not provide for the employment o
special counsel and the control b,
them Of particular cases. The defend
ants have not been deprived of thei
right to be indicted by a grand jur-
properly empaneled before being pu
on their trial. There may be man,
reasons in particular cases why Con
gress should deem it expcdient tha
counsel who usually conduct the pros
ecution of criminal cases should no
do so and why others should be al
pointed for that purpose.
1.-THE cases cited by counsel ar
those in which the court itself ha
undertaken to appoint counsel t
prosecute particular offenders and no
where the Legislature has by law di
rected the executive to do so.
Motion Held Untimely.
''In my opinion. therefore, the mo
ton is not well founded
I'm addition, l think that the motiol
Is not timely. The questions raise,
by the motion are as TO matters aris
ing in the procuring OF the incict
ment which should properly be raise.
by plea in abatement. The fact tha
these questions are here raised by
motion to quash does not change tn
essential character of the defense, an
after the defendant has appeared an
demurred to the indictment, / do nc
think that he can thereafter questio
the manner in which the indictmen
was obtained.
"The motion of the defendant
Harry F. Sinclair. will therefore b
overruled.
1.-The motion of the defendant, A
bert B. Fall is directed rather to tn
prosecution of the case by spccis
counsel than to the methods of obtain
ing the indictment, but the reason
have given above apply also to TIL
motion. Besides, the district attorne
is assisting in the prosecution of thi
case.
"This motion will also he overruled.
Government Petition Given.
The application of the Governmer
counsel-the first to be filed under til
new law-reads:
THE petition of Peyton Gordol
District attorney, and of Atlee Pon
creme and owen j. Roberts, specii
assistants to the Attorney C"n "rn' :