Evening star., 1927-11-02

| +. Hoover, counsel Tor Sinclair, Qe'
clared that they joined with counsel
for the Government in requesting
Justice Siddons to declare mistrial
in the oil conspiracy case.
With the consent Of Justice Siddons.
Government counsel last night made
public the stenographic report Of the
secret proceedings in the justice s
chambers, at which Roberts and
Pomerene placed the afiidavits before
the court. Sinclair and Fall, with
counsel, also were present.
Afiidavits Presented.
Pomerene had presented the four
affldavits. which were read to the
court, and offered the documents
seized in the raid by the District at.
orney's Office ''as part of the record
n the case"
There being no pending motion, Lit
Teton inquired just in what connec-
tion the documents were being offered.
He was assured by the court that they
were submitted as part Of one Of the
,ffidavits.
Mr.. POmerene said:
mo motion has been formally made.
If it Is necessary to make one, we
shall make it. This is offered for the
Information of the court. and our be-
lief is-at least mine is-that the
court will act OF its own motion in
| this matter. OF course these affldavits
are not presented for the purpose of
! affecting either of the defendants in
| this case
Justice Siddons asked respective
counsel If they had anything to say
and their statements appear. in part.
as follows:
Mr. Littleton-"Of course, these
problems are the most difficult and
nebulous problems to deal with, in the
trial Of a case, Ordinarily would in
any case say that wherever there be
any question as to whether the trier
or dishonest man or person who
can be relied upon, everybody should
fall back from the situation and say,
! We want nothing to do with it. In
other words. it must be that we must
: all demand and seek fair and impair.
tial trial OF this case, whatever the
consequence Of that trial may be to
the defendants or to the Government.
Learns Of Charges.
Now, do not know the first thing
about any Of these things. Counsel
for the defense knew absolutely moth.
ing concerning any of these matters
until late last evening. when knowl-
edge Of the fact that some such search
warrant had been issued and some
such thing as had been described here
was done.
I'VE read-and this IL what / de.
sire most particularly to speak Of
now-in the morning paper, one of
the Washington papers. q very fam.
bouyant article in which it was said
| that this motion for a mistrial would
be made this morning, not attempt.
ing to state the grounds upon which
the motion would be made, but being
an article which was heralded in the
Herald-if / may be excused for a
pun-all over the city and think dis.
patched all over the country by the
service which reports those things,
| elat this motion would be made and
the jury would undoubtedly be dis.
charged or motion made to dis
charge the Jury.
81 have always been Of the opin.
ion, and I have had a considerable
number of cases where the question
| Of motions for mistrials have been
put, that, where the Government Of
the United States makes motion for
miStrial based upon misconduct, how.
ever. the merits ftl1at thing might
be decided by itself, the mere making
Of the motion, and the knowledge of
that motion going about. leaves the
defendants in no position to believe
that they can receive a fair and i'm.
partial trial after that motion is made.
do not say that these gentlemen did
It for that purpose. Far be 1t from me
to say 90.
Sees Effect on Jurors.
II simply say that the effect, the
inevitable. unescapable effect of mo-
ton made under those circumstances
is to bring terror to the jury, to bring
fear to the jury and to make them
less free to consider the case with an
open mind and fearless result. be.
cause. after all, every man stands IN
awe Of his Government albeit ii is his
Government: 1t Is after all above him,
and he does stand in awe If jurors
and citizens's knowledge hovers close
to them. and they feel the Govern.
nent lowering about them: they do
feel that way.
while the suggestion was not
made by motion that the Government
do move that a mistrial of this case
be declared. ! am prepared to say
for myself, az counsel for Mr.. Sin.
clair, that the making OF a motion
and the PRONUNCIATION Of it in ad-
vance-and I do not say that these
gentlemen had the slightest thing to
do with that. because I do not know
a thing about it--and the subsequent
PRONUNCIATION Of this motion. or this
proceeding. much OF which undoubt-
| edly came about. puts the defendants
at a disadvantage instantly in the
case, for the reasons that have just
| stated.
THAT is my view about It."
THE Court-Well, gather, colonel,
from what you have said. that for
| probably different reasons you now
feel that a determination OF this mat.
| ter-if, for instance. the court con.
cluded to go on with the trial OF the
case-you feel that from this moment
| on. the results might be more serious
to your client?"
"Mr. Littleton--I cannot escape.
| sir. that feeling. That is my real
| say that / have any charge to make
| that such motion. II it has been
made, would be made in a case for
| that purpose. but I do say that once
the motion Is heralded in advance and
| then made. and then published after.
ward. that II leaves the defendant.
for the reasons simply Of the making
OF the motion. or the proceeding be.
ing had. in the position where he
feels that he cannot obtain. probably,
a fair and impartial trial before that
jury. 1t certainly would terrify the
Juror that was in question II it were
brought TO his attention that his con.
duct had been questioned by the Gov.
ernment.
Court Hears Hoover.
The court then heard Mr.. Hoover,
who also represents Sinclair.
"Mr. Hoover-If your honor please,
want to say to the court that the
first intimation that I had OF any.
thing of this kind was yesterday az.
fernnon uhap Mr. Tlfffatnp ana ,..,,