Evening star., 1927-03-09
Jury Sent From Court When
WrangIe Starts Between
Opposing Counsel
OIL MAN HAD REPLIED
TO QUERIES, CONTENTION
Pomerene Asks Privilege of Being
Heard This Afternoon on Dis
puted Points.

The swift-moving trial of Harry F.
Sinclair, New York millionaire,
charged with contempt of the Senate.
struck snag of delay in Criminal
Division today after the Government
had rested it's case at 1923 o'clock
and the defense had begun the presen-
tation of evidence.
Basing their case on the contention
that the questions put to Sinclair were
not pertinent to- the inquiry being
conducted by the Senate oil committee.
nearly three years ago, and which
their client refused to answer. George
p. Hoover and Martin ". Littleton.
defense counsel, told the court and
jury that Sinclair was interrogated
on a matter which at that time was
in the Federal courts and for him to
reveal any information would jeop-
ardiZe the case.
They further declared that most of
the questions asked were in the nature
of croSS-examination on previous tes-
timOny, and that Sinclair on prior ap-
pearances before the committee had
given them the information the mem
bers sought to elicit on March %.
1924, the date mentioned in the in
dictment charging the misdemeanor.
Jury Leaves I'm Wrangle.
After Hoover had delivered his
opening statement, in which he de
clared the defense would prove the
questions propounded to Sinclair were
not material. Littleton offered in
evidence testimony from the printed
record of the committee hearings
given by Mr.. Sinclair October 20, 1923,
which. the attorney declared, con-
tanned virtually all of the information
the committee sought on March %.
United States Attorney Peyton Cor
don, in charge of the case, objected,
and the opposing counsel began to
wrangle, which resulted in the exclu-
sion of the jury by Justice William
Hitz at Gordon's request. Littleton
then delivered a 50-minute legal argu-
ment on his point, declaring at one
stage the questions put to his client
on March 22 were in the nature of
'craftily conceived cross examination"
to aid the Government in the equity
proceedings already begun against the
Sinclair interests in Wyoming BY
Owen j. Roberts and Atlee Pomerene,
special oil prosecutors. Gordon re-
piled to the argument, and luncheon
recess was taken. Pomerene re-
quested TO be heard this afternoon.
AS the jury left the courtroom for
the argument. Justice Hitz inquired
of Gordon what would be done about
the second count of the indictment,
which differed from the question as
originally propounded to Sinclair by
Senator Walsh of Montana because of
the omission of a line in the Indict-
ment. Gordon entered a nolle PROSE-
as To that count.
GOrdOn's Move Blocked.
When court convened Gordon sought
TO offer testimony from the record TO
show what had taken place before
the committee regarding the question
asked in the eighth count of the indict.
ment. This question, by Senator
Walsh, was: The committee is still
desirous, MIR. Sinclair, of examining
the books of the Hyvas Corporation.
Are you prepared to produce those
books" Hoover objected. declaring
that Gordon could offer only a part
of the testimony, and Justice Hitz
sustained the objection. Gordon then
rested the Governments case.
The first part of Hoover's address
to the jury explained the various
resolutions giving authority to the
Senate public lands committee and
then recounted the five different ap-
pearanees of Sinclair before that body
on each of which he testified freely
and fully and then was excused from
the jurisdiction of the committee Jan
uary 4, 1924. He sailed for Europe
shortly afterward, Hoover said, to at
tend to business which had been
neglected by his presence here In
While he was away the President
a joint resolution calling for
prosecution in equity and criminal
of the oil leases and on
March 13. 1924, Mr.. Roberts and for
ner Senator Pomerene filed an equity
suit against the Sinclair interests in
Wyoming. Hoover emphasized that
all matters referring to the Teapot
Dome lease and accompanying oil
storage tank contract had been placed
before the judicial tribunal.
Sinclair Appears Again.
Then. Hoover continued. Sinclair
,npeared before the committee March
21 on a subpoena. and was accom-
panied by Littleton, his counsel. The
entire session was given over to
legal argument by Littleton as to
whether the committee had powers to
ask any questions of Sinclair because
4 judicial question and the commit
zee had no power ito go on fishing
Sinclair appeared the following day.
March %, Hoover explained to the
Jury. and one member voted that he
,e called to the stand and questioned.
The motion was amended by Senator
3ursum of New Mexico. who stated
hat the committee should not inquire
nto any matter regarding the leases
tlready referred to the courts, Hoover
aid. The motion was voted down and,
Ioover continued. Senator Walsh said.
If / cannot ask questions concern
ng the naval oil reserves l have no
Iuestions to ask at all, and the COM
nittee then voted that Sinclair should
,e called to the stand.
Sinclair produced statement stat
ng he had appeared before on Ave
Iifferent occasions, had answered all
IHestions and the Government had
tarted prosecution of the civil case.
NE matter having been referred to
he courts. the Sinclair statement said.
was unfair to obtain aid from him
which might be used by the Govern
1ent in the proceedings. Hoover re-
ited.
Calls Questions Irrelevant.
The attorney stated that after SIN
lair had answered the questions BY
aging he declined to answer on ad
ice OF counsel" the committee did
Ccptinued on Page 2. Column ~