Evening star., 1927-11-04

tiOn set fOrth tnat III answering Hc
would be compelled to be a witness
against himself; and. further. that ne
committed no crime"
Judge Wright then read the state
ment by Day before the grand jury.
in which he said he had read the am
davits filed with the court and from
them it is manifest that 'in bringing
me here" an attempt is being made
to make him a witness against him,
self. II am guilty Of no offense. ana
upon advice of counsel /, therefore,
refuse to answer" the statement con.
cluded.
In arguing that had Day answered
the questions he would have been
testifying against himself, Wright
read several interrogations which had
been put to Day in the grand jury
room. One of these was:
During the past three weeks have
you had contact between Mr.. Ruddy
tthe Burns detective managerl and Mr..
Sinclair?'
"Can there be any doubt that the
charge is that Day is concerned In an
unlawful enterprise TO corrupt the
jury?" asked Judge Wright.
Up to Grand Jury.
Maj. Gordon asked Judge Wright II
he thought that Days refusal to
answer the questions put to him would
tend to 1ncriminate him, he would tell
the jury to pursue that inquiry no
further. To this inquiry Judge
Wright replied: will you say that
Day is not guilty Of any crime?"
"I will not" replied Mai. Gordon.
Wright then asked If the grand jury
were pursuing evidence leading to an
indictment, and Gordon replied that
matter was up to the grand jury.
Chief Justice Mccoy interrupted the
questions by counsel and stated :he
points before him as being whether
or not Days refusal to answer Ques-
tions would incriminate him. The
court then added, IF the witness
relies on his constitutional rights we
all know what that meant. ss the
courts have told us. To answer
might tend to incriminate him.
Maj. Gordon said the witness has
offense and the court saw no reason
for pursuing the matter any further
and asked Day if he meant to stand
on his ground that to testify would
tend to incriminate him.
That's what meant" replied Day.
and the Government expressed salts
faction with the position taken. Maj.
Gordon did not press the matter any
further and Chief Justice Mccoy in
formed Day he did not have to tes.
tify.
The citation which the grand Jury
presented in the case of Day. prior to
the issuance of the warrant for Day
and Sinclair, revealed that Day went
before the grand jury with letter
which he waved as unwelcome ques-
tions were asked him. The letter.
dated November 2. said:
"Mr. Foreman and gentlemen OF the
grand jury:
81 have read the affidavits fled In
this court and made by Assistant Dis.
trict Attorneys Burkinshaw and Shea.
From these affidavits. 1t is manifest
that bringing me here is an attempt at
what the Constitution forbids, to COM
pei me to be a witness against my.
self; there can be no other purpose.
am guilty of no offense and under
the advice of counsel ] decline tn h
so subject or to have my rights a> q
citizen so infringed. Therefore. ] re-
spectfully refuse upon that ground to
answer.
tSigned) HENRY MASON DAY"
"All right. what is your occupa-
tion?"
My occupation is that Of vice presi-
dent of the Sinclair Exploration Co"
Mr.. Foreman. may / ask you a
question? Did Mr.. Burkinshaw ask
me this morning how long had been
in Washington"
The Foreman-"I think so. but you
refused to answer"
Refuses to Answer.
Burkinshaw-"In response to my
question in regard to contacts with
Ruddy and Sinclair. you have refused
to answer. and the grounds for your
refusal are set forth in this statement
heretofore read by you to the grand
jury this morning.
Yes. sir" -.
Were you the person who employ.
ed the operatives Of the Burns Detec-
tive Agency to cover and investigate
jurors and their friends in con-
nection with the Fall-Sinclair case In
this court?"
"I refuse to answer. refer to this
same thing"
"Were any reports as to these Jurors
to you by Mr.. Rudy?
During the past three weeks have
you had any contact between c. G..
Ruddy manager of the Burns detec.
tive agency. on the one hand. and
Harry r. Sinclair on the other?'
II have answered that by referring
TO this" indicating ~letterl
The foreman Of the grand Jury. =,
understood that there were two
answered questions. the length
lime you had been in Washington ann
What the relation was between Rnddy,
Continued On PagA 2, Column AZ