Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-15

your" the defense attorney demanded.
O'Leary Immediately objected to
the question. This brought from Mr..
Douglas the direct charge that
OLeary was seeking to suppress the
truth that injustice might be done
and your honor deceived.
After telling the court that 1t was
the Government attorney and not
Burns who was seeking to obstruct
Justice. Mr.. Douglas charged that
O'Leary had kept the witness repeat.
edly in his room until Z o'clock at
night, making threats as to what he
would do to him if O'Reilly did not
saw what the Government wanted him
to say on the stand.
Douglas characterized the action of
the assistant United States attorney
as IAN attempt to intimidate which
would make the court blush with
shame if it knew how the witnesses
in this case had been handled in the
District Attorneys Office.
Ruling Is Requested.
Martin W. Littleton, of cousel for
Harry r. Sinclair, then addressed
the court. He asked that the fullest
light be shed on the question Of the
intent of O'Reilly in visiting the Kid
we'll home. He further asked the
court not TO let a rule Of court pre-
vent the true situation from being
brought out at this time and not to
require the false imputation that
a. direct contact with Juror Kidwell
was attempted by O'Reilly. when the
matter could be cleared up by the
answer to the question asked by Mr..
Douglas as to the actual converse
ton that took place"
Justice Siddons postponed ruling on
the objection raised by OLeary until
after the luncheon recess.
II don't know whether this witness
has been intimidated or browbeaten,"
Justice Siddons said. "If he has
have not seen any evidence of it,
Intends to Get Truth.
attorney Is not so much an advocate
as an officiaI charged with the high
responsibility in the administration of
justice and that it is his duty TO lay
all facts befre the court. He further
admonished that he was going to make
it his business to see that everything
is done by counsel for the Government
and the defense to bring out the truth
in this case.
so far ! am not disposed 10 agree
with Judge Wright" the court de.
clared. In ruling ON the objection
raised by defense counsel Justice Sid.
dons held that II the district attorney
has knowledge of facts that the wit
ness has not told the. court he could
continue his Interrogation.
Mr.. O'Leary who had remained
apparently indifferent throughout his
.srA.<w I~E~
piled that he had no written infor-
thought that he could develop facts
not yet given by the witness.
Wants Witness Barred.
Proceeding with his examination
of the Burns operative. O'Leary
again precipitated row by calmly
asking that rule be laid on wit
nesses excluding them from the
courtroom so that one witness might
| not hear the testimony of another.
This was overruled by the court
and after the brief, dispute that en-
sued Justice Siddons said impatient
ly: GO on with your question. let's
see If any other witness Is effected
by what he hears"
O,Leary then told the witness that
room: for Identification. Horace r.
! Lamb, a special assistant to the Attor
ney General, walked into the room and
| faced OReilly. The detective identi.
| fed him as the man whom he had
trailed for several days. Lamb Is the
| principal mentioned In the alleged
false affidavit which William J. Nc.
Mullen, former Burns detective, told
the court he was induced" to make.
Initial questioning of Lamb brought
further protests from Attorney
Wright. Justice Siddons. displaying
Impotence, said CURLY, Let's get on
with the testimony"
The ire Of defense counsel was
aroused early In the hearing today by
the calm but persistent hammering at
O'Reilly. From the Burns detective
O'Leary repeatedly dema nded~ whether
he had told the truth in all his state.
ments to the court.
Defense counsel. as on the preced.
ing day, protested Indignantly against
the character of the examination, but
O'Leary. unfiustered by his arraign-
| ment. persisted that the sole purpose
of his questioning was TO elicit from
the witness mot only the truth, but
the whole truth"
Justice Frederick L. Siddons inter
rupted proceedings to point out that
unless the district attorney had reason
to believe otherwise, 1t Is the practice
| to presume that witness under oath
Is stating the truth from the stand.
/ Making II clear that ne was not max.
| ing ruling, Justice Siddons called on
the defense to present it's argument
in insisting that the question be
stricken from the record.
| Presentation of the defense argu.
| ment was made by Daniel Thew
Wright, attorney for Day. who at.
tackled the prosecution for its failure
to develop previous testimony given
by the witness relative to Juror Kid.
well and by Britton Browne, concern.
Ing the mortgage on the home of
Juror John T. Kern. This failure, he
declared. indicated the Government
was trying to suppress testimony.
This witness Is not to be angered.
inundated or disturbed by fear"
Wright admonished The power of
the district attornaN's Office is almost