Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-11-25
GORDON PREPARES
FOR OIL PLOT CASE
District Attorney Plans Pros
eCution of Six in Con-
tempt Proceeding.

United States Attorney Peyton Cor
don and his assistant Neil Burkin-
shaw, today were mapping their
course for tho conduct of the first
ma or outgrowth Of the jury-tamrer'
ing allegations that abruptly halted
the Fall-Sinclair conspiracy trial-the
contempt proceedings against Harry
+. Sinclair. oil millionaire. and William
J. Burns, noted investigator, and their
four associates. scheduled to begin De-
cember ).
Mai Gordon is assembling his data
with great care to have it ready To
support the allegations set forth in his
petitions for contempt rule, which
the six persons named in the courts
order undoubtedly Will fight Vigor-
ously. Witnesses and documentary
evidence will be offered in support of
the charges that the Sinclair and
Burns men influenced or attempted to
influence the Fal-SinClair trial jury.
Doubtful on Procedure
Among the witnesses who probably
will be held in readiness to testify are
former Gov Clifford Pinchot of Penn.
sylvania, Owen J. Roberts, special
Government oil prosecutor. both of
whom received information from Will
liam j. McMullin. employed as Burns
detective under the name OF William
Y. Long, to the effect that the trial
jury was being Swallowed by the de-
Tense; McMullin and his eight-page
affidavit charging he was induced by
the Burns agency to make false re-
ports about jurors for the purpose of
bringing about mistrial if necessary;
several, If not all. of the II jurors and
several, if not all. of the Is Burns de-
tectives who Swallowed the jury.
The United States attorneys Office
was uncertain today as to the exact
method of procedure to be adopted
in the contempt NEUTRALITY-SUSPICIOUS.
the respondents will open with argyll
ments. testimony and evidence show
ing why they should not be cited in
contempt or whether the Government
first would lay down its hand in the
form of evidence and allow the re-
SnondentS to answer. According to the
rule signed by Justice Frederick l..
SiddOnS. the respondents are ordered
to appear before him and show cause
why they should not be cited. This
would place the burden of initiating
the proceedings on six persons IN
volved. On the other hand, 1t was en-
planned that the case bears the desl@'
nation "criminal contempt" and there
the Government first must prove its
charges.
Today was the original date set for
the hearing of Sheldon Clark, vice
president of the Sinclair Refining Co.,
named in complaint signed by Burk-
inshaw, alleging efforts TO influence
the jury, before United States Com
missioner Needham G. Turnage. Upon
motion of the Government several
DAYS ago, however, the date for the
hearing was postponed to December
). Clark is one of the respondents in
the contempt proceedings. and in adj
dition to him there are Henry Mason
Day, vice president of the Sinclair F.X-
ploration Co.: w. Sherman Burns.
secretary-treasurer of the Burns
agency, and Charles J.. Fietsch, man
ager of the Baltimore bureau Of the
detective concern.
Congress Action Sought.
Legislation aimed to improve the
jury system and court practices Will
be put up to the next Congress as
result of developments in the recent
mistrial Of Fall and Sinclair on
charges of conspiracy.
Both Senator Norris. Republican,
Nebraska, new chairman of the SEN
ate judiciary committee, ana senator
Walsh, Democrat. Montana. are franz
ing bills which will require all wit
nesses to testify and thus avoid the
situation arising in the recent trial
whereby NJ r. Everhart, son-in-law of
FAN, declined to give certain testi-
mony on the grounds it might incrim-
mate him.
Also, Senator Norris hopes to work
out plan to make possible the selec-
ton of higher standards of jurymen.
He thinks it impossible to get COM
petent jury if the jurors are to be eX-
cuscd because they have read news
paper articles about the cases in
volVed
Certainly every man and woman of
any worldly knowledge" he said, will
have read at some time or other about
some Of the more important cases in
the newspapers. If that is to be a
grounds of disqualification. l don't see
how we can ever get an adequate jury
here"
While he has not worked out a bill
along this line, Senator Norris is ready
to propose that the Government be
authorized to grant immunity in cases
where witnesses decline to testify be-
cause of Standardization.
Senator Walsh, who led the Senate
inquiry eliminating in the oil conspr-
acy case has plan whereby presden-
cases and be required to be accepted
by the witness.