Evening star., 1926-03-15
Calls Senator's Prosecution
"BIack Chapter" Through
"Perjury" of Hayes.
ASKS ITEMIZED ACCOUNT
OF TRIAL EXPENDITURES
Resolution Also Calls for Report
From Sargent on Whether He
Will Take Action.

BY the Associated Press.
demand that the Justice Depart
ment prosecute for perjury George h.
Hayes of New York. the surprise
witness for the Government in the
Montana trial of Senator Wheeler,
Democrat, Montana, was made today
in the Senate by Senator Walsh, Dem
ocrat, Montana.
AS a spur to the department, he in
troduced resolution directing the At
torney General to advise the Senate
whether it is the purpose to submit
Hayes testimony to a grand jury with
view to obtaining an indictment
against HIM
Besides calling on the Attorney Gen.
eral for information as to whether the
Justice Department proposes to pro
ceed against Hayes. Senator Walsh S
resolution directs him to transmit to
the Senate an itemized statement of all
expenditures in connection with the
prosecution of Senator Wheeler.
Prosecution BLACK Chapter"
The Montana Senator explained that
he did this because much had been
made of the expense of the senate
Investigations into the naval oil leases
and the Department of Justice under
DauGherty.
Declaring that the story of The
prosecution of Senator Wheeler
makes black chapter in the his
tory of American Jurisprudence SEN
ltOr Walsh said ii was of transcend
ent importance that the attempt
through perjured testimony to silence
Il member of this body and over
whelm him in ignominy should not
pass unioticed."
Reviewing events at the trial in
Montana last year. at which Sena tor
Wheeler was acquitted of the charge
of accepting money for prosecuting
oil lease cases before the Interior
Department, Senator Walsh said
Hayes testimony on it's face was in
credible That story was that Wheeler
had conferred with him in New York
and offered to split the fee with him
for prosecuting the oil lease cases of
Gordon Campbell of Montana.
Wife Denies Interview.
Recalling that Senator Wheeler him
self denied the cnarge on the stand,
Senator Walsh presented as further
refutation an affidavit from Mrs.
Wheeler, VINO asserts that she was
with her husband in New York
throughout the day Hayes mentioned
and that he did not see Hayes.
Discussing the appearance in the
Montana court of Hayes, Senator
Walsh said:
. He gave his name as George B.
Hayes, lawyer, residing and prac-
ticinG in the City of New York. He
proceeded to tell that on or about the
middle of March. 1928, between the
Senator Wheeler in the lobby of the
Waldorf .AstoriaN Hotel in that city,
having been adviSed Heretofore by one
Edwin S. Booth. Nbefore refeIsed to,
over the telephone that Wheeler was
to be there on that day, having ar
ranged to sail for Europe on the day
following: that there ensued con
versation quite like that which the
district attorney asserted in his open
ing statement he expected to prove,
as heretofore detailed, the witness add
ing that Wheeler assured him. the wit
ness. that there are millions In it
"On cross-examination the witness
stated that he had not been sub
poenaed, having arranged with the
department in Washington to attend
when called; that he had never met
Senator Wheeler prior to the occasion
of which he spoke and was unaware
that the gentleman he was to meet
was a United States Senator; that he,
the witness, had no familiarity with
the public land laws in general or
with the oil leasing law In particular
or with the practice febore the De-
partment of the Interior, and had no
experience before that department ex-
cent that he had been interested in
one application pending there under
the war minerals relief act.
Wheeler Denies Meeting.
Senator Wheeler denied point
blank that he had met Hayes on the
occasion mentioned. or had ever had
any talk with him or seen him or
heard Of him. except that some ~
months after the eve of his departure
for Europe, while conducting the in.
vestigation of the Department of
Justice. Hayes being called as a wit
ness was introduced to him by his
assistant. one A. b. Melzner, whose
duty it was to interrogate the wit
nesses and brief their evidence for
use at the hearing. Hayes after
ward testifying concerning a boot
logging transaction under inquiry by
the committee. Fortunately it 50
chanted that Melzner, highly rep.
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