Evening star., 1927-11-04

GordOn's Statement.
Mai. Gordon emphatically declared,
however, that the complaint against
Sinclair, as set forth in the warrant:
still stands, but no further action Will
be taken, he intimated, unless l get
an indictment from the grand jury.
1t was made plain in Gordon's office
hat Burkinshaws action in swearing
out the warrant was without Gordon
knowledge. Gordon was bombarded
with questions by newspaper men on
the subject. but he maintained IN
reply to one question that he never
intended it to be issued"
Meanwhile Burkinshaw was closeted
with the grand jury, which was hear
ing statements from several of the
Jurors who served in the conspiracy
trial. The trial jurors entered the
grand jury room shortly after 2
o'clock.
In explaining his reason for with
drawing, the Sinclair warrant Mai
Gordon pointed out that the grand
jury investigation was incomplete
For this reason he did not want to
have the same witnesses appearing at
hearing before the United States
Commissioner that he intended bring
ing before the grand jury.
The warrant was issued by United
States Commissioner Needham c.
Turnage on application of Neil Burkin-
shaw, assistant United States district
attorney, in connection with the grand
iury's investigation into the shadow
ing of the Jurors of the late con-
spiracy trial by Burns detectives.
This sensational development in the
grand jury inquiry followed court pro-
ceedings today, at which Chief Justice
Mccoy of the District Supreme Court
upheld the refusal Of Henry Mason
Day in answering questions before the
grand jury intending to incriminate
him in the charges now under investi-
CATION.
Day Gives Bail Of $e5,0o0.
No warrant was issued for Day, be-
cause he appeared in person before
Commissioner Turnage, and through
former Justice Daniel Thew Wright,
his counsel. waived a hearing and
gave bail for $4,000 to await the
action of the grand jury under the
new charge.
The charge on which the warra mt
for Sinclair was issued also involved
Day 'and others" in the alleged con-
spiracy to contaminate the jury.
Both were charged with conspiracy
to violate Section 1877 of the Penal
Code of the United States Statutes.
The warrant charged that Sinclair
and Day, in furtherance of the con.
spiracy. did commit the following.
among other overt acts. to-wit: Did
employ and direct certain private de-
tectives to influence or to attempt to
influence the action and decision Of a
petit juror or jurors engaged in the
trial of the case of Harry +. Sinclair
and Albert B. Fall"
Meanwhile. retrial of Fall and Sim
clair was put over today until January
16 by Justice Siddons. Special Gov
ernment oil counsel asked for a con.
tempt verdict against Henry M.
Blackmer. one of the principal wit
nesses in the case. who has refused
to return from France to testify. I'm
der such a decree Blackmer could be
made to forfeit 100000 in property in
the United States.
Gist If Charges.
1t is turther charged in the war
rant for Sinclair and Day that they,
with 9th g, collected reports from the
private detectives with regard to their
activities in the matter of investiga.
tions. contacts and financial affairs
of said jurors.
In seeking bond of $4,000 for
Day. who is vice president of the Sim
clair Exploration Co.. Burkinshaw
told Commissioner Turnage that he
did so because Day had resided
abroad during most of the past 10
years. This precaution was taken
because the Government wished to
be saved from a recurrence of the
absent witness proposition which
faced them in the Falls-Sinclair trial.
Days attorney. Judge Wright. said
he had no objection TO giving bond in
any amount requested by the District
attorneys office.
Issuance of the warrant for Sin
clair. arrest was not wholly a sur.
prise. as evidence brought before the
grand jury Yesterday and today in
volved the oil magnate directly with
his alleged agent, Day. in the activi.
ties and direction Of the Burns detec.
tives employed to shadow the IL
jurors.
Days Statement Read.
The grand jury filed into the court.
room a few minutes after IL o'clock
and was asked by the clerk IL it had
any indictments to report.
''No. we have a matter which we
want to call to the attention of the
court" replied Dorsey w. Hyde. fore
man. The paper with the question
propounded to Day and his answers
was handed the court. and after they
were read Maj. Gordon said:
There are certain questions In
there that have no tendency whatever
to violate the witness constitutional
rights, and again . paradoxical situa,