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

ment of the dark hulk.
do you recall reading that state
ment over?" O'Leary asked.
Yes" the witness replied.
The Government attorney then ask
ed kidwell if he recollected correct.
ing a typographical error that appear.
ed in the statement and Kidwell re.
piled that he had done so.
Officer Is Identified.
"In what office did this occur?" he
was asked.
I'm Mr.. O'Leary's Office" the juror
replied.
who was present."
Kidwell replied that this young
lady, Mr.. OLeary and myself"
WAS it on that occasion you re
ferred to yesterday when you said
that Mr.. O'Leary caused you to swear
to a false statement? O'Leary asked
him."
There were several OF Them" Kid
well replied hastily.
OLeary was not satisfied with this
answer
WAS it on that one OCCASION" he
demanded.
YES" kidwell replied
The Government attorney Their
handed Kidwe,l the tobacco pouch
which the juror identified. did you
fix this tag on the pouch voluntarily
or otherwise" he asked
You asked me to-" Kidwen de
clared.
ANSWER my question" OLeary de
manded sharply.
At this point Daniel Thew Wright
attorney for Henry Mason Day, one
of the respondents, objected to
'browbeating" of the. witness by Gov
eminent counsel.
Produces an Affidavit. d.
oLeary then produced an affidavit
which he told Kidwell to read care.
fully. Before" he was permitted to
interrogate the witness further, MIR.
Hoover demanded that defense coun-
sci be permitted to peruse it.
After this was done OLeary asked
If the tobacco pouch had been volun-
tarily produced by the witness at that
time.
Kidwell interjected to say that he
thought it was on December 8, at
his home Sin the presence of my
mother, yourself and myself i
AT that time did you make a
statement to your mother and ask
your mother to verify it," O'Leary
asked KidwelI admitted that he did.
Ibid you ask her if it was a cor
rect statement" The juror replied
affirmatively.
Then in response to other ques-
tons Kidwell affirmed to the court
that he had gone out to locate a
notary public whom he knew and
had taken his mother and father and
the Government attorney before him
where the affidavits were sworn to.
WAS that statement made by you,
sworn to by you and your mother. a
true statement" O'Leary then de-
manded.
Mr.. Hoover objected that the witness
had not been shown the statement.
1t was an occasion also for Mr.. Wright
again to accuse the Government at
torney. of trying to- 'innpeach his own
Witness,
1--WE are more concerned with what
Mr.. O'Leary did or did not do to this
witness than these matters" declared
Wright.
Justice Siddons remarked that he did
not understand the alleged intimida-
ton had reference to any particular
time and Mr.. Wright withdrew his OBJ
lection.
The Government attorney then
handed the sheets of paper to Kid
well an asked him to read them over
| carefully. The affidavits ofthe Juror.
his mothernd father, comprised nine
| typewriter sheets and Mr.. Hoover
also demanded that defense counsel
be permitte to see them.
After the statement was perused by
counsel, Mr.. OLeary offered it in eyi.
dence and proceeded to interrogate
Kidwell further. He asked Kidwell if
his mother had read the statement
before going to the notary. Kidwell
replied she did not read all of 1t be.
cause she could not see well.
Before we went to the notary pub.
| lie, something else happened" Kidwell
reminded OLeary at one point.
You handed me paper" Kidwel
| declared, saying, now see what hap
pens when you go to the district at
orney's Office and exhibit a paper hav
ing headlines saying you had beer
offered a bribe" '&
O'Leary elected from the witness
thu fact that he had asked the Gov
eminent attorney to go to the house
/ Of Miss Ruth Teates, a friend of the
| family who had advised Kidwell q
man made inquiries about his credi,
| standing.
| O'Leary took the witness over de
| tails of the visit to the notary's office
and the signing of affidavits by Kid
well and his mother.
Heated Argument Starts.
At this point the Government coun
| sci precipitated a heated argument by
demanding of the witness If this state
| ment was true.
Mr.. Wright objected vigorously to
the question. He was Joined by Mr.
Hoover.
Mr.. Hoover declared he had charged
that this witness was being interro
gated by Mr.. O'Leary and reminded
| the court that it had said the charge
| was a very serious one.
Il said nothing about any affidavits
until Mr.. OLeary brought them in,
Hoover protested. THE witness sait
on the stand that he had been com
PEELED to sign them although he could
not .ree with the last paragraph.
These paragraphs contained tn,
statement that Detectives Frank j
! O'Reilly and Martin Stewart had APP
preached Kidwell on certain days.
Mr.. Hoover charged that the dis
| trict attorney was ''assiduously'
| avoiding interrogating the witness
| about these charges and protested
that not one question has been asked
by the Government attorney abou
the man O'Reilly.
Justice Siddons interrupted to say