Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-16
JURORS GET CASE
OF SINCLAIR AFTER
CHARGE OF JUDGE

CONTINUED from First Page.1
ernnent's own evidence the jury Will
and that the summons issued for Sin
clair is not a subpoena, but merely
n telegram from the sergeant alarms
10 the New York marshal asking him
so serve the notice which was quoted
in the message. The marshal. Hoover
explained, made a return on the teie-
gram. and this is the evidence by
which the Government undertakes 10
prove he was summoned.
Hoover. Cites Record.
Hoover said there is nothing in the
audience or record to show that Sin
rlair apneared before the Senate oil
comuittee on March %, 1924. and
there also is no evidence that he was
sworn. Furthermore. the attorney De
clared. there Is no evidence that the
COMMITTEES directed Sinclair to answer
the questions, a step wnicn ne mann
tanned was necessary before contempt
yrccsadings could be instituted.
Hoover then gave a summary OF Sin
cIsir's statement before the commit
Tee in which he offered to meet every
hodv in court on the matter under IN
o,,iry and then commented: mo one
can read the record without coming to
the conclusion that II was a fishing
exnedition to bolster up the case of
the Government in the courts. The
committee was trying TO drive the dc.
feildant to the point where he would
cav IL would incriminate him and that
A. would injure him in the cases
fheo in the courts. II he had said
that they never could have forced
him to say word.
/. Hoover declared the questions were
not questions at all and then said.
ssVvhat kind Of questions are they that
win brand q man as felon and send
You are not dependent upon the
senate for your positions, you are not
once holders. You are not ike the
District Attorney. who depends on
4he Senate to remain in office-you
are not like the other Government
counsel dependent on the Government
for their positions. When you con-
slider the evidence in this case, sub
NIT that your verdict will be not
guilty"
Following Hoover. Littleton address.
ed the Jury and maintained that over
and above the questions OF whether
Sinclair was summoned, sworn, ques-
toned and refused to answer remain
ed for the jury to decide the question
OF his uSiuS SuAi]S Va SAAS 49,
criminal.
7 "This latter question" he said, as a
huge and overwhelming, a damnable
one to Sinclair and beyond all Others.
It is Shall I, VIII I, Dare I stamp him
as a criminal in this case"
The lawyer referred to the resolution
sending the oil inquiry to the courts
as a legal document. but declared It is
worse than legal. it is senatorial. lost
in the mazes OF senatorial involu'
tons"
Littleton said his criticism of the
Senate grew out of his resentment
against it's excess Of authority. In
referring to the technicalities raised
by the defense, the lawyer asserted
they We're necessary to offset the
technical position taken by the Gov
eminent.
"Mr. Roberts viii tell YOU" he said,
.'that the case ends when you decide
that the defendant was summoned.
sworn and refused to answer. but 1t
cannot be ended until you, with your
hands on your hearts. declare him
guilty"
J Littleton concluded that ST have
supreme confidence that your verdict
will be proper, triumphantly not
guilty"
Rule OF Anarchy"
Roberts said that If the jury did as
the defense had requested them, to
admit the facts and acquit the de.
PENDANT, the IL men would be follow
ing the rule of anarchy-the rule
where every citizen becomes his own
lawmaker."
Sinclair boldly took his chances be-
fore the Senate committee and now
he Is taking them again, the Govern
ment counsel continued.
He referred to the question Of am
biguity raised by the defense in dis
cussing the questions asked by the
committee and said Sinclair did not
refuse to answer them because of that
but reading from his own statement
to the committee: II respectfully de
cline to answer any questions"
Roberts Raps Defense.
Roberts added that he was not wor
rying about ambiguity there. Answer
ing Hoover's contention that Sinclair
was not properly summoned. Roberts
said the committee could summon 6
witness in any way IL saw fit, as the
statute does not say a subpoena must
be issued.
when did they find out that h,
wasn't sworn" Roberts asked in con
tinuing his attack on Hoover's argu
ment. He then read from the recort
statement by Littleton, who wal
Sinclairs attorney, that ''he has beer
sworn" and che now is on the stant
in every sense of the word"
The committee did not have to di
rect Sinclair to answer any questions
Roberts explained, in answer to an
other contention by the defense.
you've been prayed to say, Forge
your oath and spit upon the who'll
thing " Roberts concluded.
IF you disregard everything ex
cept arguments Of counsel how viii
that sit with your consciences?"
Justice Hitz denied all Of the Gov
ernment's IL prayers and 80 of the 8
submitted by the defense. He permit
ted only those of the defense which
had been conceded by Gordon to re
main, and then he said Il will Ia
into the error VI charging the jury Il
my own way"
Ths Curt gave his views On the cas