Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-08
SINCLAIR DEFENSE
Wins OPENING TILT
Legal Battle at Trial Starts,
With Former Senator
Adams on Stand.

The trial of Harry r. Sinclair
charged with contempt of the Senate.
moved with a rapid and fiery pace
today and when the smoke cleared
away in Criminal Division as the
luncheon recess was called, the de-
Tense stood out as the victor in a
legal battle that occupied nearly the
last hour of the morning session.
Following the presentation of the
Governments opening statement by
United States Attorney PeytOn Cor
don, in which he declared the Govern
ment would show that questions pro-
pounded to Sinclair by the Senate
public lands committee nearly three
years ago were material and that if
proved to the jury's satisfaction the
Government would ask for a verdict
of guilty as indicted the taking of
testimony began.
Fight Starts Over Adams.
When 1t reached the stage of prov
ing the materiality or pertinency of
question asked by former Senator
A. B. Adams of Colorado, who took
the stand as a witness. the battle
started.
Maj. Gordon sought to elicit from
the witness an answer to a question
as to whether former Secretary of the
Interior Albert E. FAN had testified
about certain financial transactions.
Martin w. Littleton and George p.
Hoover lodged a strong objection,
which. after many minutes of attacks
and counter attacks. was sustained by
Justice William Hitz, presiding.
Then Maj. Gordon sought to offer
in evidence a letter written to the
Senate public lands committee. of
which Adams was member, Deem
Der 26, 1928. and this likewise was
swamped with objections, which JUS
tice Hitz sustained.
Senator Adams then was excused
and as he left the stand he asked per-
mission to direct an inquiry to the
court, mentioning something about
personal privilege" Littleton and
Hoover were on their feet I'm a flash
and their objections to any statement
or inquiry by the witness were sus-
tanned.
Blocked by Defense.
The question which Mai. Gordon
sought to prove pertinent by Senator
Adams, who had asked it of Sinclair
March %. 1928, was: mfr. Sinclair,
testified In answer to a question, that
you had in no way, and none of your
companies had in any way, given or
loaned anything to Secretary Fall. Is
that correct?"
Sinclair, on advice of counsel. de.
cllned to answer 1t. Maj. Gordon by
his two moves, which were blocked
by the defense, sought to show that
since Sinclair had testified as Adams
stated in his question, additional in.
formation on the subject had come be.
fore the committee.
Maj. Gordon, who read the six cues.
tions which Sinclair refused to answer
at the time he made his opening
statement, again read them from the
printed record Of the hearings, and in
the second question Justice Hitz dis
covered discrepancy between the
Interrogation as set forth in the in
dictment and that in the printed rec
ord. line mentioning two oil COM
panies had been skipped in the in
dictment. Gordon was taken by sur
prise as much as the defense was,
and he announced he would not at
tempt proof of that question for the
present.
When Adams was asked If Fall had
testified about certain financial trans
A~AetACbOh obJGNtCu, dCCidI
NO Senator can come into court
and say that he had in the back Of
his head certain things which caused
him to ask the question.
Fall testified in the absence Of the
defendant Sinclair and the name of the
defendant was not brought in. The
Senator's question Is merely an asser-
ton of what Sinclair had said before.
We cannot take the dismal depth of
the senatorial mind and probe that to
find out what was back of all these
questions"
Stands by Record.
Mr.. Littleton added that the record
would show whether Sinclair said the
things referred to by Adams and de-
clared by that record we will stand
or fall"
When Maj Gordon turned to let.
ter Fall had written. it was argued
against on the ground it was not even
testimony. Gordon maintained his ac-
ton was preliminary to showing what
was the situation in the committee
when Sinclair was asked the question,
and. therefore, to show the pertinency
of It,
Hoover replied the letter was purely
hearsay and should be excluded, and
at this point former Senator Atlee
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