Evening star., 1927-11-18
MAI. GORDON QUITS
CONTEMPT INQUIRY
IN N0|L-FRAUD CASE.
U. S. District Attorney Says
His Convictions Make Serv.
ice 'Inappropriate."
SIDD0NS SCORES ACTION
IN PEPPERY EXCHANGE
Judge Excuses Official, but Does
Not Name Successor
on Committee.


alous and inconsistent position" to.
day announced his resignation as a
of the committee of three law.
yerS ordered by Justice Frederick l..
Siddons to determine if there is rea.
sonable cause for inquiry as to wheth.
er 4 criminal contempt of his court
had been committed by persons in
volved in the Governments charges
Of jury tampering that led to the mis-
trial in the Fall-Sinclair conspiracy
case.
The resignation, which caused wide-
spread comment in courthouse circles,
was given publicity in an exchange of
bluntly worded letters between the
United States attorney and Justice
Siddons.
Maj. Gordon made it plain in his
letter of resignation, dated November
S. that he is proceeding as a United
States attorney in prosecuting before
the grand jury charges contained in
the Government affidavits used as a
basis for the mistrial declaration. Con-
vinced that a criminal contempt Of
the court had already been committed,
Maj Gordon stated to the court it
would be inappropriate" as well as
for him to serve on the
investigating the contempt
charge. He added in no uncertain
terms that he had quite positive
views as to who should be prosecuted"
and the course that he should pursue
in that capacity.
SiddOns Defends Course.
Justice Siddons. in accepting the
resignation today, defended his course
in ordering the contempt investiga.
ton. and suggested that Maj. Cor.
don's assistance. to be of use. would
have to be "ungrudgingly and whole.
heartedly given"
THE inquiry ordered to be made as
to the alleged contempt is not mere
adjunct or make-weight of the crinii-
nal prosecution and trial during the
course of which the contempt is said
to have been committed" wrote JUS
tice Siddons. 'It is an inquiry to de-
termine whether in the National Cap
ital the administration of justice in
one of the established courts therein
NAV be successfully fiouted and de-
fed"
Maj Gordon's resignation did not
come as a surprise TO members Of the
local bar in view of the unusual cir
under which the court
ordered committee of lawyers to de.
termine whether criminal contempt
should be prosecuted
against citizens for violation oe the
courts order. Since Maj. Gordon In
the charge before the
grand jury. the view was held by
many that the course pursued by the
court in not determining for itself
a criminal contempt had been
committed was an unusual one.
Plea for Bond Cut Withdrawn.
Another development in the grand
jury investigation arose today when
Henry Mason Day, contact man for
Harry F. Sinclair in the shadowing
of the trial jurors. protested to his
counsel here that the motion made to
reduce his S25. 900 bond to $4,000 had
proved exceedingly embarrassing to
him. ''Glaring headlines" in papers
had hinted that the desired reduction
Of the bond was for the purpose Of
escaping the bond. he declared.
AS an upshot of this. his attorney,
Daniel Thew Wright, appeared before
Chief Justice Mccoy of Criminal Di-
vision 2 and withdrew his motion for
4 reduced bond, a hearing for which
had been set for Monday.
At the same time, Justice Siddons
approved application Of Edward j.
jr.. juror No. IL. accused OF
discussing the trial, for a pastpone-
ment of the hearing on his petition
that Don r. King and j. Ray Akers
be adiudged in contempt of court for
him as a juror"
Mai. Gordon's Letter.
Mai Gordon's letter Of resignation
rs a member of the contempt investi'
eating committee, dated November 16,
reads. in part. as follows:
II was counsel of record associated
with Atlee Pomerene and Owen j.
special counsel for the Gov
i'm the case then on trial, and
Is said special counsel l presented and
He'd said affidavits, and was then and 3.
I'M now. as were also the special Gov
,rnment counsel, convinced that there
vas reasonable cause to believe that a
'riminal contempt Of the court has
'een committed. and 1 and those with
vhom I was associated. were ready
md willing to prosecute such persons
Igainst whom the court might see At
d issue a rule to show cause, or a
itation. why they should not be ad.
judged in contempt Of court: and the
.ffidavits thus presented and filed in
ourt were the basis and cause Of the
ction of the court on November ., in
a juror and discharging
he jury from further consideration
4 the case and declaring a mistrial.
since then. in my official capacity,
rave presented to the grand jury
violence on every phase of the situa.
ion and have quite positive views as
o who should he prosecuted and the
curse l should pursue in that ca.
'acity.
In these circumstances it would
eem TO me that tn act i'm nv ipdi,,id
al capacity as one of the committee
r with others not connected with the
and to make an inquiry
ntO matter of which l am already
ognizant, which I have already de.
ided In my own mind. and as to
'hich / am already committed might.
S to the action l should take, place
ne in an anomalous and inconsistent
osition."
Referring to the resignation Of tha
In4eed States attorney, Justice Sid.
ons saying "he noted it with regret"
dded, mot so much on my account
or on account of the court, as be.
ause member OF the bar of the
ourt of many years. sta nding and who
elieves that a contempt of that court
( a grave character has been commit.
I'd, yet, nevertheless. seeks to be re.
eved or excused when called upon by
he court to assist it in ascertaining il
hat contempt has been committed and
so to aid in the administration OF
ustice by vindicating and maintaining
IS authority. il that authority has
cen defied."
THE alleged contempt. you In.
ormed the court. took place during
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