Evening star., 1927-03-08
SINCLAIR DEFENSE
WINS OPENING TILT
AS TRIAL STARTS

Continued from First Pagel
Pomerene, special Government oil
prosecutor, and who with his col
| league, Owen j. Roberts, is sitting in
on the case, arose to the defense of
Gordon's procedure.
| He declared the question to be per-
tinent and that it relates to the duties
| imposed upon the Senate committee
by the resolution under which ii was
sitting.
Wrangling Continues.
| He assumed. for the sake of arsu-
nfent. he said. that there was a loan
in the case. and this drew fire from
Hoover, who contended he could not
assume that in the presence of the
jury. Pomerene contended it was
merely to illustrate his argument, and
the court permitted him to continue.
| Pomerene said IL Adams even had
a suspicion that there was loan the
| question would devolve upon the
court If that interrogation was peril
| nent. 1t was necessary for the Sen
ate committee to ask these questions
| as the answers might suggest addl'
tional legislation or show that no
| further legislation was necessary.
Littleton replied b. stating that
what Pomerene had referred to had
no bearing on the matter before the
| Court, which was, he said. the ad-
INSTABILITY of the FAN letter.
| After further wrangling among
/ counsel in which both sides frequent
| ly talked at once, Justice Hitz sus-
tained the objection and excused the
! jury until the afternoon session. 1t
was then that Adams sought to make
his inquiry.
| Gordon Outlines Case.
| Maj. Gordon outlined the Govern
| ment's case against Sinclair to the
| jury in substance, as follows:
| The defendant Sinclair is charged
| in the indictment with violation of
section 102, Revised Statutes of the
| United States. which provides that
every person having been summoned
as a witness to give evidence or pro-
duce papers under authority OF either
| house Of Congress, or any Of it's COM
| mittees, who defaults of, having ap-
peared, refuses to answer any ques-
| tions pertinent to the matter under
| inquiry. shall be guilty or a mlsde-
| meanor.
| The defendant was summoned as
| witness before the Senate committee
| on public lands: he appeared. was
sworn. again was summoned and ap'
| ueared and was sworn, and questions
were propounded to him relative to
| the matter under inquiry and peril
nent thereto. He refused to answer,
| not on the ground that 1t would IN
| cTiminate him.
| Pior to 1912, there was a large area
| of public land opened to entry and
settlement and lease. 1t was known
as oil petroleum land. In 1912, Presi-
| dent Taft, by executive order, with
drew from the public domain the
petroleum lands in California ana SET
| them aside for the sole use of the
NAVY and established them as Naval
Reserves Nos. ! and 2.
!. Wyoming Lands Withdrawn.
On April 80, 1915. President Wilson
withdrew public lands in Wyoming
| and directed they be set aside and
| held for the use of the Navy. These
| oil reserves remained intact until 1920.
| when on February 25 an act Of Con-
| gress known as the leasing act au-
| thorized the giving Of leases on certain
portions to persons having pending
| claims under the placer mining act
On June 4, 1920, there was attached
| to an appropriation act authority for
| the Secretary OF the Navy to take
1
upon which there were no pending
| leases and to begin development by
contracts or otherwise.
President Harding May 81, 1921, by
executive order, transferred from the
| Secretary Of the Navy to the Secre-
tary OF the Interior administration of
| the petroleum reserves. The Govern
ment will show by lease of April 4,
! 1922, whereby Secretary Albert b.
Fall of the Interior Department and
Secretary Edwin DENLY Of the Navy
purposed to lease to the Mammoth
| OIL Co. of which the defendant Sin
| clair is president, all of the land de-
| scrtbed by President Wilson in the
executive order OF 1915.
Refers to Leases.
At this point Maj. Gordon referred
| to the dates Of several leases and con-
tracts between the Government and
the Mammoth Oil Co. and between the
| Government and the Pan-American
| Petroleum and Transport Co. of New
| York and the Pan-American Pc
troleum Co: of California, the two lat
ter both interests of Edward l..
Doheny.
shortly after the execution of the
April 7 lease and another on April 27,
| of the Senate and 1t was represented
that these leases were entered into in
bad faith and with fraud. Maj. Cor
don referred to various Senate reso-
lutions adopted. calling on the Sec
retary of the Interior for information
| about the leases Of reserves Nos. /
and in California and No. in
wyoming known as Teapot Dome.
and also established hearings on the
subject by the public lands COM
| mittee.
The defendant Sinclair was sum
moned to appear before the Senate
public lands committee. He did ap
near on several occasions, was sworr
and gave testimony. On March %
1924. he was subpoenaed. appeared
and when certain questions were asked
him he refused To answer.
While the indictment for this re
fusal contains 10 counts and 10 ques
tons. the jury will have to consider
only six under ruling by Justice
Ioehling July IA, 1924. that six Of thu
10 questions were pertinent to the sub
iect matter under inquiry. These Ques
tons. as Maj. Gordon read them Il
the jury, We're:
Senator Walsh of Montana: "Mr
Sinclair. I desire to interrogate yo,
about a matter concerning which thu
committee had no knowledge Of o,
reliable information at the time wher
YOU had heretofore appeared before thu
committee and with respect to which
you must Of then had knowledge.
Refused to Answer.
IL refer to the testimony given b,
Mr.. Bonfils CF. G. Bonfils. Denver pub
lisher) concerning a contract that yol
made with him touching the Teapo
, Dome. I wish you would tell us about
| that?"
The witness refused to answer, Mat
Gordon said.