Evening star., 1927-11-02
SECRET CHAMBER PROCEEDINGS
ON OIL CHARGES MADE PUBLIC
Government Counsel Gives Out Text of
Discussions Over Afhdavits, With
Consent of Justice Siddons.


I'm view OF the fact that that pub
lication, followed by the affidavits
which have been filed this morning.
which whatever may be the strictest
secrecy observed here by all present,
nevertheless 10 going to reach the
community in general and it Is going
to reach the members Of this jury,
/ say that I concur heartily in what
Mr.. Littleton has just said to your
honor, htat the mere fling Of these
afYidavits and the publicity which
will be given to this matter, would
prevent any jury from rendering
fair and impartial verdict. In so far
as the defendant Is concerned.
1.-THE Jury would be under a cloud.
I would be under a suspicion, and the
jury to my mind would be terrorized
and would be deferred, even in a case
where the evidence would fail to
warrant q conviction, in acqultting
the defendant on trial.
Conference Is Proposed.
"Now, as to the position of the
other defendant, have no means Of
knowing. But 1 would suggest to
your honor that we be accorded an
opportunity to confer with counsel
representing the other defendant, and
then we can state more clearly to
your honor what our position is with
reference to the matter which is now
pending.
I'VE understand that there has
been no formal motion filed, but that
the matter has been brought to the
attention of the court for such action
as the court deems necessary in the
administration of justice"
"The Court gather. Mr.. Hoover,
from what your colleague. MIR. Lit.
Teton said. that speaking at least for
himself, and from his own view OF
the matter. he feels that whatever
might be the truth or falsity of the
matters set out in these affidavits,
that in the manner IN which the
matter has come up today that it ia
hopeless in his view to expect that
from now on the Jury will be able to
give consideration to the remaining
testimony in the case with the atti.
tude Of mind and conscious rectitude.
it they entertain thai, OF their own
conduct.
I'm other words. they viii feel that
they are under very grave suspicion
about some matter about which they
know nothing up to the present mo.
ment. l understand that from him.
''Mr. Hoover--Well. your Honor, /
stated that heartily concurred in
what Mr.. Littleton said in that re-
gard. For myself. I fes! exactly as
he does about that, that even the
licity would disqualify this jury from
further consideration II this case.
THE Court-Yes. vas going, of
course, to call on counsel for the
other defendent, Mr.. Leahy and Mr..
Thompson.
'Mr. Leahy-Supplemen what
Mr.. Hoover stated, the first knowl.
edge that we had, or intimatiOn Of
anything OF the sort or kind came to
us last night. and had the Govern
ment not called this matter to your
attention today. 1t had been our de.
termination to call 1t to your Honor's
attention this morning, because the
only Information that we had last
evening was that a grand jury pro-
ceeding under the title Of United
States. VS.. John Doe had been in
progress.
Information From Papers.
"That somehow or other it involved
questions with reference to this jury.
And We concluded last night that II
grand jury proceeding were in
progress 30 closely related to the case
that the matter ought to be brought
to your honor's attention and the in
vestigation made under your direc-
ton.
"Then this morning we read in the
newspapers SO that our in.
formation is from the newspapers and
these af1idavits which we have just
read for the first time.
"Of course, We know absolutely
nothing about the aSerments or
about the merits thereof or their
truth Of falsity. But with reference
for. all that we ever want, Is fair,
impartial jury.
Notwithstanding what may have
been said. we never had any fear Of
the facts. Give US fair and impair
tfai jury and allow US to present the
facts in the case and we had no
fear. And, in as much as this is not
being said in public, the only fear
at any time we ever entertained was
In our inability to get Jury who
would not be afraid, who would not
be perhaps terrorized from one stand
point or another.
80 that SO far as the jury being
terrorized or not, we cannot speculate
about the matter, but 1t goes to this
fact, that these matters have been
presented to your honor for your
houor's attention by the Government.
they ought to have been presented,
and an I said before we had deter.
mined to bring them to your honor's
attention this morning In the event
that they had not been brought in the
shape Of these affldavits. matter, OF
course. Of which we had no knowl.
edge.
your honor's judicial discretion, with
no formal motion In the case. we leave
1t with the expression Of those senti-
ments."
Fall Counsel Agrees.
Mark B. Thompson, attorney for
Fan. concurred wholly with Mr..
Leahy's statement, he told the court.
"Mr. Pomerene-May just say one
word in conclusion. One branch of
this matter came to US several days
ago; that 10, q notice OF 1t, and Sat.
urday was the first that we learned
about another branch Of 1t. The
OMbcA otdtcc AttOEHcy anu my Cot'
league feel very deeply our responsi.
bility to the Government and to this
court. We feel we are officers of this
court.
II feel that IL ore of these Jurors
had expressed an opinion which was
adverse to the defendants, and that
1t had come to our knowledge during
the trial. we would have felt that we
were in duty bound to the Govern
nlent and to them to call that to the
attention Of tho court.
And I may say further we are not
unmindful Of the fact that many times