Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-21
K|DWELL UPH0LDS
COERCION CHARGE
Severe GriI|ing Fails to Alter
Main Contention Against
U. S. Attorney.

Under the persistent hammering of
James J. O'Leary, assistant United
States attorney. Juror Edward /. Kid.
well, jr.. today remained practica lily
unshaken in his reiteration that an
officer of tie court had forced him to
swear to affidavits which he knew to
contain false statements and which
were designed for use in the criminal
contempt proceedings against Harry
f. Sinclair, William j. Burns and their
four associates.
While the juror contradicted him.
self on several occasions during the
merciless cross-examination he did
not alter the main fact Of his testi-
mony yesterday in substantiating the
charges OF intimidation made against
the assistant United States attorney
by George p. Hoover of counsel for
Sinclair
That the court is determined to
sift the charges TO the bottom was
indicated at the outset of proceed
ings when Justice Frederick l.. Sid
dons declared the charges of intimf-
dation must first be cleared before
any other phase of the contempt
case ran be taken up. OLeary's
persistent questioning of the witness
brought forth from Daniel Thew
Wright. counsel for Henry Mason
Day, one of the six respondents.
another protest that the govern
ment attorney was browbeating the
no heed to this incident.
Denies Giving Names.
Kidwell denied emphatically during
one part of the examination that he
had ever mentioned to Mr.. O'Leary
that "oil people of Harry +. Sinclair
were trying to approach him while
acting az juror. He insisted fire.
auently that O'Leary had put names
In various affidavits he had maze that
Kidwell had not mentioned to him.
In most cases kidwell denied he was
trying, to give. information to Mr..
O'Leary and insisted that 1t was given
in response to questions put TO him
by the assistant attorney.
Kidwell began to show signs of irri-
tation under the strain of O'Leary's
persistent hammering and frequently
answered vexedly to questions. in a.
loud tone. The juror was asked to
identify his three affidavits. in one of
which he was quoted as having said
he believed "oil people" were trying
to see if ne was 'the kind of man
who would take a bribe."
= The witness insisted emphatically
that OLeary had written "oil peo-
pie" into the affidavit and declared he
had characterized ii only as general
impression that some one was trying
to find out il he would accept bribe.
Repeats Denial of Talking.
Kidwell is under separate citation
OF contempt growing "ut of the af-
fidavits filed by Don King, reporter,
and Jay Ray Akers. who swore they
with him. He took this occasion on
the stand in answer to questions by
OLeary to deny that he had talked
about the oil case while acting as
juror.
He declared King and Akers had
tried to get him to talk about the
trial at the near beer saloon mentioned
In their affidavit. but that he had re-
fused. 1t is charged in the afndaVit
that kidwell had expressed an opinion
about an automobile "a block long
as a possible result of services as an
oil trial juror. .
The Juror further denied on the
stand that he had said Frank D.
"a
man who had approached MIN III .ls
Court House grounds. he charseo
the prosecutor had told him ne neeu
not swear positively on the stano 'ha'
the man was O'Reilly.
Many of the statements concerhihs
O'Reilly alleged to have been mace
nv Kidwell were. in fact. made py
the prosecutor. Kidwell testified.
Statement Made Freely.
Much of the examination TODAY dealt
with a statement dictated by kldwei
on December 2, in the United states
attorneys office. This was not. now
ever. one OF the two aftidavits con.
cerping which Mr.. Hoover had
charged KidweIl had been intimidated-
Kidwell was forced to admit on the
stand that he had made TINS state
ment '.of his own free will" He ad'
mitted further that prior to Decem-
her 9 Col. James S. Easby-Smlth, ana
his own attorney. S. McComas
Hawken. had visited him at ms nome.
He testified that he had told Col.
Easby.Smith that he was going to the
United States attorneys office the next
day to make a statement about Things
| which had occurred.
Col. Easily. Smith is one of the three
attorneys appointed by Justice Sid
dons TO aid the court in its investiga-
ton of the contempt charges growing
out of the Teapot Dome mistrial.
Upon being questioned by the Cow
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