Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-21

had charged intimidation, and that
the court ought to go into that.
4 Thereupon Mr.. O'Leary remarked he
Il thought he could overcome the OBJ
I lection.
Would Limit Inquiry.
Entering the discussion, Mr.. Wright
declared he wanted the investigation
limited to the charges. and declared
the Kidwell statement does not con-
Germ a thing that happened in the
| district attorneys office. I'VE make
this objection for the. purpose OF
bringing a searchlight on these
charges, that they be not obscured. :
| he said.
Justice Siddons remarked that he
did not understand that the charges
were confined wholly to what oc-
Cured in the district attorneys office,
and Mr.. Hoover INTERCEPTED that the
statement did not meet the charges.
Justice Siddons then said he felt
compelled to read the statement him.
self.
ssrhe court held that Mr.. O'Leary
was not within his rights in asking
whether the statements were true and
sustained the objection Of defense
counsel.
, OLeary then Intercepted Kidweli
about various statements appearing
in the documents, and the witness
brought out forcibIy that these state
ments were founded on recollections
| he had after the incidents were all
over. -
Museum Grounds Incident.
Referring to the incident in the Mus
scum grounds touched upon by Mrs.
Kidwell in her affidavit, O'Leary asked
the Juror If he had not remarked that
it was his opinion andf the publc,s
opinion that Sinclair and Fail had mil
lions of dollars and il there was a
possible chance of their being convict
ed they would do anything to break
up the trial. .t.,...s.
81 mentioned no names; you put
! them in yourself" Kidwell retorted.
| In response to close questioning!
he admitted he met Fall and SIM
O'Ieary asked him If he had not
remarked that he felt that the peo-
pIe who were shadowing him were
irving to find out if he were the kind
of man Fall and Sinclair could bride.
81 said that's the way / feel now"
Kidwell declared.
Throughout the questioning con-
corning this conversation with
O'Leary, December 8, Kidwell said
he "had not mentioned any Oil peo-
pie at ALL"
KidwelI told the Government at.
torney: sYou asked me how / felt
about having four men watching me,
and / said I felt they were trying
to find out II I was the kind or man
who could be bribed."
Heard Other Jurors Views.
At another point, Kidwell testified
he had said that he had heard other
Jurors remark that they felt they
were being followed.
During a brief discussion when
OLeaSy questioned him about this
Kidwell retorted that he was telling
the truth, the whole truth and moth
ing but the truth"
when you were Intercepted in
the District attorneys office were you
not asked if you were telling the truth,
the whole truth and nothing but the
truth?" O'Leary asked.
"Those were my words" Kidwell
protested. 81 said I would tell the
truth no matter who it hurt"
Then turning on the Government
attorney, Kidwell added:
You said, ito hell with who it viii
| help to hurt
OLeary evidently did not care for
that remark. but made no reply.
Went to Barber Shop.
Further Interrogation went back to
the day when Kidwell took O'I4eary
to his fathers barber shop. and the
Juror insisted that his mothers state
ment was not read to the elder Kid.
we'll. He admitted however, thar be
had told his father ''all these thinss"
and his father had told him ,aboaltsthe
man later identified as Deteetise Nh
O'Reilly, coming to the barber shop.
gPrfor to the day that Mr., Q44eary
wehts TO your house. state fifth was
the frst, lsecbndi or third time that
you ever saw Mr.. O'Leary," the Gov
eminent attorney asked.
1.-THE first day I ever saw him was
in Mr.. Burkinshaw's Office" Kidwell
replied. He said he was then dictat.
ing a statement to district attor-
ney's stenographer named Swortz.
Swortz was conducted into the room
and was identified.
HE and T|were alone in the room,"
Kidwell testified. "but a lot of people
were coming in and out. Some times
Maj. Gordon would come in"
ION the day you made your state
ment to Swortz and prior to that, did
you ever come to Mr.. Burkinshaw
with a request?" OLeary asked.
Yes" was the reply.
ibid you tell Burkinshaw you
wanted to make voluntary state
ment?"
Denies Form of Statement.
ST didn't say it that way" Kidwell
replied emphatically. He related that
one day Burkinshaw had told him that.
it was not necessary to hang around
any longer.
IT told Mr.. Burkinshaw wanted to
see him the next morning" Kidwell
said. Upon going to Burkinshaw's Of
fee, he said, the assistant United
States attorney asked him what was
on his mind 81 began to tell him diff
ferent things" Kidwell said, "and he
told me to write it down just the way
felt about it. Then he changed his
mind and said he would get stenog-
rapher, which he did.
The date was established as Decem-
Der 8.
During the questioning about Kid.
wells mother and father, Mr.. Hoover
precipitated near riot when he de-
manded if the two persons were being
kept in the district attorneys Office.
O'Leary explained that he had given
instructions that they could be ex.
cused from the courtroom but might
be needed later during the day. "They
were told they could wait in the dis
trict attorneys Office If they wished