Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-19
DEFENSE SCORES
|NCONTEMPT CASE
Burns Men Frove Good
Witnesses During Close
GriIling of Gordon.

SUMPTION OIL the olltldiT-DuiHS tOli-
tempt proceedings, gave testimony
construed as favorable to the defense
in at least two instances.
Through Barton Stewart and Ar
thur Sullivan, who were assigned to
shadow Gardner p. Grenfell, Teapot
Dome juror, defense counsel estab-
lished that there was reason to believe
the jurors brother, almost a double
in appearance, had been actually
under surveillance most of the time.
Efforts of the Government to estab-
fish that one of the operators had been
informed that Harry +. Sinclair had
5000 900 to spend in connection with
the jury surveillance were broken
down through emphatic denial Of
Stewart that any such statement had
been made to him.
Witnesses on Grill.
With only a week in which to con-
time before the Christmas recess next
Friday, United States Attorney Pey-
ton Gordon continued his efforts to
discredit the reports made by the
various Burns operatives, and put
both Stewart and Sullivan under close
examination. Every movement OF
the two Burns men was inquired into
for the purpose of bringing out any
possible discrepancies in their testl-
mony, as given to the court, and the
facts set out in their reports on the
shadowing of Grenfell and Juror Id
ward J. Kidwell, jr.
Interest centers chiefly in the forth
coming testimony of William j. NC
Mullin, the former Burns operative,
whose revelations to the District at
torney's office played an important
part in bringing about the Teapot
Dome mistrial. 1t is understood that
McMullin has important testimony
which was not divulged to the pubic
during the grand jury investigation
in which he was a principal witness.
The Government also intends to put
on the stand this week Don K. King,
local newspaper reporter, and j. Ray
Ackers, former street car conductor,
whose affidavits concerning converse
tons they had with Juror kidWell
also aided in bringing about the
.mistrial.
Defense counsel will put both of
these witnesses through a rigid cross
examination since the defense hopes
to establish through their testimony
that the real cause of the mistrial
was their contact with the juror and
not the mere shadowing of the
Jurors by Burns detectives.
Burns Detective on Stand.
Stewart, who was on the stand
when court adjourned Friday, was
called again as witness when
the proceedings We're resumed to-
day. Maj. Gordon at once put
the Burns operative through a
close examination of all the minute
details of his movements during the
days he Swallowed Jurors Edward j..
Kidwell, jr., and Gardner p. Grenfell.
The witness memory Friday was
faulty, and the examination today was
an effort to controvert statements
made in the Export of his operations.
The questioning led to October 25,
when the witness received instructions
from Charles G. Ruddy, chief of the
operations here, 10 discontinue and re-
turn to Philadelphia. On that day
Stewart had talk with Rudy and
Operator McMullin, known also as
Long, in the latter's room, in the Har-
rington Hotel.
During the conversation did you
hear Ruddy say that the other side
had 100000 to spend and that Sin
clair would spend $200,000?" Maj.
Gordon demanded Of the witness.
81 did not" Stewart replied en-
Before the operative answered de-
Tense attorneys had objected to the
line of interrogation on the ground
that Rudy was not respondent in
the case.
Ruling on Statements.
Justice Siddons ruled that state
ments made by Rudy in the scope of
his employment might be binding on
the respondents who had employed
him. Since frequent statements made
by Rudy had been the object of OBJ
jections by the defense during the
trial, the courts ruling on this phase
of testimony was considered impor-
tant.
Receiving a negative reply to his
question, Maj. Gordon asked the wit
ness if he had ever heard such a
statement made at any other place.
Stewart replied just as emphatically
that he had not.
It developed that McMullin took
Stewart to the station to catch his
rain and during he ride it was con-
tended by the Government that the
witness had remarked: Here's one
man who is tickled to death to get off
IIllS JOO.
Defense counsel objected to Maj.
Gordon asking whether Stewart had
made such a statement, and the court
overruled the question, since it was
between two strangers"
to the contempt proceedings.
The diligence of Maj. Gordon in ask
ing the Burns man about his move
nents on various days was illustrated
by asking him to go to Center Market
during the noon recess and refres his
memory about the corners and streets
IN that location. The witness had diff
1culty in recalling the names of
streets and locations where he shad-
owed Kidwell on a certain morning
when the juror had gone into the
Museum grounds.
Quizzed ON Instructions.
On cross-examination Charles A.
Douglas, attorney for William Burns,
questioned the witness about the in
,tructions he had received from Rud-
ly upon reporting here. AS other
operators had testified previously,
Stewart pointed out that these in
'tructions were not to talk to any of
he jurors or to let them know they
we're being Swallowed. He was told
my one coming into contact with
Juror would be discharged.
During his testimony last Friday,
Stewart had stated on several oc.
casions that he was not positive the
nan he was trailing as Grenfell was
the juror.
Douglas asked him if he knew
Grenfell had brother who
ooked very much like him.
81 didn't know that at the time b,1+
earned so later" Stewart replied.
The Burns operative explained that
his was one reason why he had told
The court he was not positive the man
Under surveillance was Juror Grenfell. |
Second Operative Called.
Stewart was asked how he first
earned about Juror Grenfell's brother.
put he could not say whether it was
1t the courthouse or during converse
hn rxrit