Evening star., 1927-11-15
Atfidavits of BurkinshaW,
Shea, King and Ake:s Are
Basis of Action.
COMMITTEE APPOINTED
TO INVESTIGATE MATTER
Lawyers Will Determine if Grim
inal Guilt Was Back of
Mistrial.


whether criminal contempt. of the
District Supreme Court has been com.
mitted as a result of the jury fixing
charges that brought about the Tea.
pot Dome mistrial was ordered today
by Justice Frederick L. Siddons, the
trial judge in the Fall.Sinclair con.
spiracy case.
Justice Siddons' course was based
on the four aff1davits submitted to the
court November /. by Government
counsel. In stating the reasons for the
inquiry Justice Siddons' order de.
clares: ut appears that there is rea.
sonable cause for inquiring whether
Il criminal contempt of this court has
been committed and If so for taking
appropriate proceedings in respect
thereto"
Committee to Investigate.
A committee consisting of Peyton
Gordon, John E. Lasky and James
s. Easby-Smith, members of the bar
or the court, was appointed and die
rected to proceed as "expeditiously as
possible" to prepare, file. present and
prosecute in the court against such
person or persons charges of criinis
nal contempt of court.
The four affidavits were made by
Neil Burkinshaw and Walter NJ. Shea
assistant United States attorneys
Donald Key King and j. Ray Akers,
The affidavits filed by the United
States attorneys Office were used al
the basis for issuing complaints chargs
ing Harry F. Sinclair, Henry Mason
Day and Sheldon Clark. officials oi
the Sinclair company. with con.
spring to influence the action and
decision of the trial jury. Shadowina
of the trial jurors by Burns detecs
tives, declared to be employed by Day,
is charged in the two Government
affidavits.
King. Herald reporter. and Akers
a street car conductor informant, SET
forth in their affidavits that Edward
cused the trial with them and had
boasted he had expected to get a
car as long as a block
Action Is Surprise.
Justice Siddons' action came some.
what as surprise this morning be-
fore the grand jury convened to wind
up its investigation Of the charges
that brought about a mistrial in the
Fall-Sinclair case. He called newspas
per men over to his Office and handed
them copies of his order.
There is pending before Justice Sid.
dons an application by Juror Kidwsn
denying the charges made against him
and requesting that both King and
Akers be cited for contempt of court
The text of Justice Siddons' order
follows:
.'By reason of the statements COM
tanned in four certain affidavits made
respectively by Neil Burkinshaw, Wall
ter NJ. Shea, Donald K. King and j.
Ray Akers, submitted to the court on
November l. 1927. by counsel for the
prosecution in the pending criminal
cause OF tho United States vs. Harry
r. Sinclair and Albert B. Fall, mum.
bered 43324 on the criminal docket
OF this court and filed in said cause
on said day. 1t appears that there is
reasonable cause for inquiring wheth
er criminal contempt of this court
has been committed. and If so, for tax.
ing appropriate proceedings thereto,
and therefore it is by the court this
18th day Of November, 1927.
Ordered, That Messrs. Peytou
Gordon. John E. Laskey and James s.
Easby-Smith. members of the bar Of
this court, be, and they are hereby,
designated, appointed, authorized, en-.
powered and directed to forthwith pro-
ceed to inquire whether there is reas
inal contempt of this court has been
and. if so, by what person
or persons, and if upon inquiry 50
made such cause is found to exist, ia
proceed as eXpeditiously as possible
TO prepare, file, present and prosecute
In this court against such person or
persons charges of criminal contempt
or court. to the end that the authority
and power of the court be vindicated,
sustained and enforced. And for thiS
purpose they shall invoke and usS
all appropriate means available to
them.'
kidwell Wants Hearing.
Attorney S. McComas Hawken.
counsel for Kidwell, the alleged talka.
i've juror, today served notice on Mai.
Gordon that he will set down for hear.
ng next Friday before Justice SiddonS
n Criminal Division the motion of
uror Kidwell for a contempt rule on
Akers and King.
kidwell, in his petition for q hear.
ng as to the charges against him
contained in the affidavit of the two
men. submitted to the court by Gov.
counsel, denied the accuse.
ions and asked for a hearing by the
:ourt on the charges. He set out in
ietail what he said were the true
acts in regard to the street car con.
luctor and reporter. and asserted If
my contempt was committed it was
~ them in persisting in talking about
he case after he had advised them of
his instructions from the court.
The elder Burns. head Of the
effective agency. accompanied by his
on Sherman, later appeared at the
to await their opportunity
o so before the grand jury. Both
nen were unusually non-communica.
I've. They had lost all their debonair
manner of previous days and were
atisfied with contending simply that
hey have evidence which will refute
he charges made by McMullin. In
he meanwhile McMullin waited ali
1orning in the anteroom outside Mai.
;ordon's office.
The first person to go before the
rand jury today was Charles q.
tuddy, chief of operations in the
Of the Jurors. Ruddy was
'efore the body for more than an hour,
ut Burkinshaw did not state why
e was put on the grill. There was
ONE conjecture as to whether the
appearance of the Burns lieutenant
ad anything to do with the new
mystery man" who Is figuring in the
lvestigation.
Burkinshaw today said IL was enA
rely up to William j. Burns and HID
wo sons. Raymond and ShermanJ
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