The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-11-02

millionaire defendant was the real
employer Of the Burns men.
Immediately after court adjourned
Conrad j. Herzog, So, juror and au-
tomobile sales manager, stepped UP
to Roberts.
Eleven of us on the jury feel
we have been placed under a Sc
rious cloud in this matter and that
something ought to be done to vim
dicate USE" Herzog said.
"We have no question about ten
out of the twelve" Roberts replied.
I'VE think you are an intelligent
body and that you seriously have
undertaken your responsibilities,
and this jury is going to be vindi-
Gated.
But some disgraceful things have
happened, and we want your help,
Mr.. Herzog, in getting at the bottom
of 1t. You are one of the most re-
sponsible men on this jury and you
can be Of great assistance"
Jury Feels Grieved
1.-THE jury felt very badly about
this" Herzog said, "and asked me to
say something. Only last night a
lady told me she had read that de-
tectives we're following us and 1t
looked very bad"
1.-THE Government has not spent n
plugged nickel to watch you people,"
Roberts said. when you were told
by the court not TO read about this
case or to discuss 1t. we took you
at par"
"I can say that I did not" Herzog
said.
I'VE hadn't the slightest notion
that the town was plastered with
people chasing you around" Rob-
erts said.
Kidwell later denied to reporters
he had made the statements at
tributed to him in the affidavit.
Il never said word about Sim
clair or an automobile, although
they (King and Akers) tried TO lead
me on" he told reporters.
King and Akers, Kidwell said,
tried to get him drunk last Satur-
day, when, according to the afi-
davits, they heard him talking
about the case on which he was
sitting in judgment.
Admits Drinking
Kidwell admitted he drank with
the two.
The mild tone of Justice Siddons'
decision discharging the jury and
ordering a mistrial, surprised Pros
ecution Chief Roberts, who said he
expected the judge to emphasize
more the gravity of the charges.
Justice Siddons addressed the jur-
ors as soon as they we're seated.
Il think it but fair to the other
members of the panel for the court
to say to Juror Kidwell that among
the affidavits are certain statements.
I call your attention to the existence
Of these affidavits.
"They are open to inspection to
you or any one else. am not ask
ing you, Mr.. Kidwell, to make any
statement at this time, but am call
ing your attention to the affidavits
Judgment Unanimous
Unanimous judgment was ex-
pressed by counsel on both sides re-
garding the action that should be
taken in this case. There was no
dicsantiY1o viau a1storaSSod IN the
statements that mistrial should be
declared and the jury be dismissed.
Wide publicity has been given to
the affidavits and the proceedings IN
chambers concerning them. This
constitutes an additional reason for
the action the court is about to take.
1.-THE court agrees that the matter
is one of grave concern TO the ad-
ministration of justice in this case.
The precise mode Of dismissing the
case is not important.
80 l think I will withdraw the
Juror and dismiss the jury. Ladies
and gentlemen, your services In this
case has terminated, and you are
excused finally"
Albert B. Fall declared in q
statement today that he was deep
ly disappointed" by the situation
resulting in a mistrial in the oil
conspiracy case against him and
Harry F. Sinclair, but said Justice
Siddons obviously took the right
course.