The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-11-02

elapsing between dismissal of
the Fall-Sinclair jury and his
summons to the grand jury, de-
MED he had made the state
ment attributed to him. He had
been pictured as praising Harry
F. Sinclair, millionaire oil de-
fendant, for his "demGratic" Z"
ways.
In going before the grand jury,
Kidwell waived his constitutional
immunity. This meant apparently
that he was ready to tell all con-
cerning his version of the alleged
big car" incident.
He had charged to newspaper re-
porters that ]. r. Akers and Don
King, reporter, had tried to draw
him out, but that he had not made
the remarks sworn to in their
affidovitS.
The tip of Akers, street car con-
ductor, to King had started the in
vestigation of the jury tampering.
Others to Face Jury
Meantime, other jurors who prob
ably will face the grand jury to-
morrow, told owen ]. Roberts, Gov
ernment counsel, through their
spokesman, Conrad ]. Herzog, that
they we're innocent of any mis-
conduct; had followed faithfully the
judges instructions concerning
silence on the case; and were grieved
that even a shadow Of suspicion
might fall upon them.
Roberts assured them that he felt
they were intelligent and honest
Jurors, and that only two Of the
twelve were under investigation.
Herzog, an automobile sales man
ager, said his colleagues on the jury
wanted vindication before the
public.
In opening the court, Justice Sid
dons read his decision for miStrial.
He pointed out to Kidwell that
certain statements affecting him
were contained among the affidavits
submitted by attorneys for the Gov
ernment.
Publicity Brings Action
He added that both sides joined
in seeking a mistrial, which, he sug-
gested, was the more necessary since
the affair had had such widespread
publicity.
"The court" he said, "agrees that
the matter is one of grave concern
in the administration of justice in
this case"
Kidwell was withdrawn from the
jury-the technical method OF
achieving a mistrial.
Roberts announced he would try
later today to get Siddons to set a
new date for the trial The trial
date may be set for January.
The abrupt end of the proceed
ings brought no relief from the ex-
pectant and tense atmosphere which
had pervaded the courtroom since
Sunday, when raid on Burns de-
tective headquarters disclosed that
fifteen or sixteen detectives were
following jurors and making hour
by hour reports on their activities.
49, KidweII Is Warned
Kidwell, a young leather worker,
of slight build and dark complexion
was warned when he entered the
grand jury room that he could OBJ
tain immunity from talking, on the
grounds that his testimony might
incriminate him.
The warning was made by Neil
Burkinshaw, the youthful assist
ant United States district attorney
who unearthed the evidence leading
up to the Burns detective raid.
Kidwell, however, waived i'm
and was reported to be talk
ing freely before the grand jury.
The grand jury, according to
reports at the courthouse, has
received extensive evidence Of the
activities Of the Burns operatives,
who made their reports to an Of
ficial of the Sinclair Exploration
Company, in addition to the affi-
davits of Burkinshaw and another
attorney disclosing the facts of the
raid. Burkinshaw's affidavit already
has charged that the multi