The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-11-02
EFFORTS MADE !
TO INFLUENCE
JURY MEMBERS
Defense and Government AT.
torneys Agree Fair Trial
Would Be Impossible
JURORS ARE DISCHARGED
Grand Jury Considers Matter
Evidence Taken In Trial
Must Be Repeated

Washington. Nov. 2.-(R-
Charges of jury irregularities re.
suited in q mistrial today in the Fall.
Sinclair Teapot Dome conspiracy
case.
The trial, SO far as the present
jury is concerned, came to On end
soon after court convened this morn.
ing as a result Of charges that de.
tectives for the defense had made
improper efforts to establish con-
facts with the jury and that one Of
the jurors, in talking about tho
case, had remarked that he expected
soon to have an automobile 'as long
as q block"
Fair Trial Impossible
Justice Siddons ordered the mis-
trial after defense and government
attorneys had agreed that . fair
trial would be impossible with the
present jury sitting in the case. The
defense felt that publicity attending
the governments charges would
react unfavorably on the delibera-
tions of the 10 men and two WON.
en- hearing the case.
A grand jury already has before
it affidavits submitted by the gov.
crnment to back up its charges, with
the district attorneys office press.
ing for action.
Justice Siddons told the Jurors
that they not only were discharged
from further attendance on this
trial, but also from further attend
anee in his court.
The justice then adjourned court
without taking any immediate &C.
tion affecting Juror Edward ]. Kid
well, whose alleged talking had .
part in the decision to declare . mis-.
trial.
Witnesses Summoned
More than q score Of witnesses
have been summoned for the grand
jury, including A. Mason Day, vice
president Of the Sinclair -Explora.
ton company, and Donald Wood.
ward, wealthy Washington mer-
chant at whose home Day is alleged
to have received reports on the nc
tivities of the Burns detectives
figuring in the case.
The mistrial means that the mass
of testimony presented in the past
IL days all goes by the board. Gov
ernment counsel must present again,
before q new jury, the evidence on
which they seek to convict former
Secretary Albert B. Fall and Harry
F. Sinclair Of criminal conspiracy
in the leasing of the Teapot Dome
naval oil reserve to Sinclair.
Jurors to Go Before Grand Jury
Immediately after the jury was
dismissed, all except Kidwell were
directed to assemble tomorrow 1T
the office Of Neil Burkinshaw, as
slstant United States attorney who
is conducting the grand jury investi-
cation.
II will s,nd all eleven Of them
before the grand jury tomorrow"
Burkinshaw said.
As Kidwell left the court, he said
he expected to 60 to trial on some
charge, but that he would deny
every allegation made against him
in the affidavits submitted by the
government.
These affidavits were made by
Donald +. King, = newspaper re-
porter, and J. Ray Akers, = street.
car conductor. They declared Kid
we'll had praised Sinclair in their
presence and had said that he would
be disappointed If he did not soon
have a car "as long as q block"
kidwell Denies Charges
Il remember talking with King,
but l said none Of the things which
he put in the affidavit. and believe
them all to be pure lies" he said.
"At no time since have beer on this
jury have talked the case over,
and at no time have my offers been
made to me to hang the jury"
Before Kidwell would cay any.
thing. he had stood in . mfngling
group Of newspaper men and jurors
listening to 2 long conference in
which Juror Herzog, m automobile
sales manager, told government
counsel that the jury had requested
him to express their regrets st the
course Of events.
The government and defense law
yers plan an early conference to de-
eide upon = date for . new trial.
The governments attorneys indi-
Gated that they would ask that SIM
clair and Fall again be called to the
bar early In January.
Kidwell was served with q grand
jury summons after he had proceed
ed for q block from the court house.
two deputy marshals serving the
subpoena. He accompanied them
back to the court house Z d vas
taken before the grand jury almost
imuAdiafA1v