Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-17
SINCLAIR, GUILTY,
|. PLANS BATTLE To
DODGE JAIL TERM
Motion for New Trial to Be
Filed by Oil Magnate With
in Four Days.
VERDICT OF CONVICTION
FOUND IN EIGHT HOURS
Defendant Faces 80 Days to Year
OBSERVATION-DISCLOSURES to Be
Pronounced in Month.

Criminal Division of the District
supreme Court. today was laying
plans for an even greater fight TO
escape the charge OF contempt OF the
Senate, on which he was found guilty
by the II men after elaboration of
little more than eight hours.
Through his attorneys, George y.
Hoover of this city and Martin W.
Lttleton of New York. the oil
magnate and lessee of Teapot Dome
will file a motion for a new trial
within four court days with Justice
William Hitz. who presided over the
proceedings. Should the motion be de.
MED sentence will be pronounced in 80
days and Sinclair will appeal TO the
District Court of Appeals from the
judgment OF the court.
SinclaIr'S counsel today were of the
opinion that before the case is dis
posed of finally an entirely different
color and aspect will have been at.
tached to il. There are many points
of law, as they view 1t. for the ap
pellate courts to pass upon. They
adopted the attitude of their client
who, when the verdict was announced.
said, This is only the first inning"
Sinclair Retires Late.
Sinclair did not retire until early
this morning and he slept until al.
most noon in the presidential suite
at the Mayfiower Hotel. He planned
on leaving Washington later in the
DAY FOR his New Jersey farm. where
he will take a brief rest. His presence
here will not be required until the
court, should it overrule the motion
Tor new trial, pronounces sentence.
Defense counsel today reiterated
their contention. made in open court,
that as result of Justice Hits rul-
ing that the 'pertinency" of the
questions to the Senate inquiry is a
matter of law and not of fact, il i'm
effect denied their client the right
OF trial by jury and stripped them OF
everything upon which they could do
battle. S.sSsf -
On the first ballot. the Jury. which
received the case at 1:56 o'clock yes
terday afternoon, stood IL to 1 for
conviction, the ''hold-out" taking the
stand. it was reliably reported, that
the questions propounded to Sinclair
by the Senate committee on public
lands and surveys and which he re-
fused to answer. were in no sense
OF the word questions, but mere state.
ments or assertions. This point had
been argued to the jury by defense
counsel.
Juror Won Over.
AT $40 o'clock last night, however.
the juror who stood alone finally
agreed with the others, but il was
not until almost an hour later that
the verdict was reported. The delay
was occasioned by the summoning of
Justice Hitz and other persons inter
ested in the case to the courtroom.
Sinclair took the verdict calmly and
refused to comment either personally
or through his attorneys, who like
wise reserved comment. United States
Attorney Peyton Gordon, who was
given the case by the Senate to pros.
ecute, signified his approval of the
verdict. owen j. Roberts, who made
the closing arguments. and Atlee
Pomerene, who participated in the
proceedings briefly, had departed for
and Cleveland respec.
lively shortly before nightfall.
Gordon's case stood only on the
points that Sinclair was summoned.
was sworn, was questioned
ana refused to testify, and the jury's
sole task, under the courts charge.
was to determine whether these facts
were correct. If the Jurors found
from the evidence that they were
true, Justice Hitz charged them. "it
IS your duty under the law TO find
The defendant guilty"
Case Given to Jury.
When the jury retired, taking with
t only the indictment, which, since
t was reported March 81, 1924. had
been reduced from 10 to 4 counts.
Justice Hitz went out into the park
the courthouse, and sat n
| bench, while Sinclair with his at.
.orneys, walked about the portico.
Shortly after o'clock the clerk.
S. Adkins. received word from
he jury that additional Instructions
IN one prayer of the defense were
wanted and after locating the court
md notifying the defendant, his
counsel and the Government, the
courtroom was called to order The
ury. through its foreman, Emory ID.
erwin. 33 years old member of the
irm of J. G. Harding & Co., 72O
Twelfth street. wished to hear PRAYER
70. IL, which had been granted the
iefense, read again.
This prayer in substance said that
he jury alone is the sole Judge of the
acts in the case, the credibility of
he witnesses, the evidence and the
nferences that can be drawn from
he evidence. After Justice Hitz read
his he volunteered the information
hat the facts to which such a prayer
an he applied were the ones laid down
n his own charge, to the effect that
1t were found by the evidence that
sinclair was summoned. that he did
ppear, that he was sworn, was ques-
Toned and refused to answer, then
t is your duty under the law to find
he defendant guilty"
Hoover jumped to his feet and took
to the court presenting to
he jury something which he said It
lad not asked for. Justice Hitz al.
owed the defense counsel an excep-
ion. A short time later Justice Hitz
eturned to the court minus his robes
nd announced he had received two
messages from two jurors to be trans.
nitted to persons on the outside.
Delivers Two Messages.
One of them read, he said. "Tell
josephine to expect me when she sees
me-" and the other. Tell Mr.. Schultz.
r a name something like that, that
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