Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-21

!. VI. wv ELM L0JA l. IL
asked Mr.. Koran IL he could speak
with him in the rear room.
Beside the closed door of this room,
Kidwell testified, he asked Mr.. Horan
if he knew the man who was with
Akers. and Koran stated he did not
Kidwell then said ne had told Koran
he did not like Kings actions and did
not care to have any conversation
with him.
Kidwell then related that he went
into the main part of the restaurant
and was intercepted by Akers and
King and that King then said, II hear
you are on the jury"
Kidwell told the court he had re-
piled he was sworn not to discuss any
thing relating to the trial.
Says He Still Refused.
King then asked him, "What do
you think of Sinclair" Kidwell testi-
fed. Kidweli explained he had re-
piled he had just replied that he could
not discuss that matter.
The juror said he then left the two
men standing there and that Akers
on three different occasions called to
him and said he wanted to talk with
him. On each occasion, Kidwell tes-
titled, he said he did not care to talk.
At this point Kidwell said he asked
a friend If he had a car and upon
being told yes, suggested that they
go to another place to get rid of Akers
and King.
AS they were about to get into the
automobile, the juror testified that
Akers and King came to the door and
Akers said: "Come here, we want to
talk to you, 1t Is important"
Kidwell said he told them he would
see them later and he and his friend
got into the automobile and drove off
to the home of another friend.
He added further in his testimony
that he did not see or communicate
with Akers and King thereafter.
Going back to the statement of De-
cember 8, dictated by Kidwell in the
District attorneys office. O'Leary put
the statement into the record as evi.
dence. He asked Kidwell. who had
read it, if that was the statement he
had prepared in his office.
Denies One Sentence Was His.
Kidwell declared it was so except
for a certain sentence.
This sentence was read to the court:
Il give this to Mr.. BurkinshaW of my
own free will"
Il did not dictate that" Kidwell de.
clared sharply. Mr.. Burkinshaw told
me to put it in"
us it true?" O'Leary demanded.
Eyes, sir, l made the statement of
my own free WILL" Kidwell admitted.
The juror was questioned about the
Detective O'Reilly who was mentioned
in one of the affidavits as having ap-
preached Kidwell to ask him how he
could get into the courtroom.
you told me to look at this man
carefully, to watch him so that
could identify him." kidwell declared.
He added further that when he was
preparing the affidavit O'Leary had
told him, you don't have to say for
sure that this is the man, we will put
in in this way
Questioned further by O'Leary, Kid
well declared Il did not say positively
that O'Reilly was the man.
O'Leary then asked him, Didn't
you say that though you could. not
swear positively. O'Reilly was the
man who spoke to you during the
trial?" II did not" kidwell said en-
phatically.
Gordon for Investigation.
Maj Gordon said today that the
District attorneys Office welcomes a
thorough investigation of the charges
of intimidation made by Mr.. Hoover
attorney for Sinclair, in connection
with testimony of Juror Kidwell.
Substantiating these charges, Kid
well said on the witness stand before
court adjourned yesterday in a tur-
MOL that he had been made to sign
affidavits which were in part false,
and also that If he gave testimony
with respect to an approach by one
of the Burns men he would be PRO
tected" in the contempt case growing
out of his alleged discussion of the
Teapot Dome case with Don King,
newspaper man. and J. Ray Akers.
Justice. Siddons was determined to-
day to sift the charges to the bottom,
and before dismissing the witness for,
the day, warned Kidwen not to let
any one talk to him during the recess.
Mr.. O'Leary. assistant United States
attorney, against whom the accusation
of intimidation was made by the de-
Tense attorney, made no attempt to
defend himself yesterday against the
charges. but indicated to the court
that he would do so today.
Calls Statements Voluntary.
Agains the admissions of Juror Kid
well stood emphatic denials from the
District attorneys Office that Kidwell
had made any statements other than
voluntarily.
Equally important, the District At
torney's Office has the support of Col.
James s. Easily Smith, one of the
three attorneys appointed by Justice
Siddons to investigate the contempt
charges growing out of the Teapot
Dome mistrial and to act in an adj
visory capacity for the court. Col
Easily. Smith, who is a disinterested
attorney in the dramatic events that
led up to the charges of Mr.. Hoover,
made statement last night in which
he upheld the contention of Maj. Cor
don that no compulsion had been
brought to bear on Kidwell.
To newspaper men, Col. Easily
Smith issued the following: LAS
member Of the committee appointed
by the court to investigate and per-
form other duties in aid ~of the court,
and before Mr.. Kidwell came to the
District Attorneys office, / accom-
panied s. Incomes Hawken, attorney
for Kidwell, to Kidwel's home, where
he made a full, complete statement Of
facts in the presence of his father and
mother to me and to Mr.. Hawken He
stated as preliminary that he had
requested Mr.. Burkinshaw to permit
him to come to the District Attorneys
Office and make a voluntary state.
ment, and that he intended to do so
the following morning, which was
Friday. December 81
May Call Easily Smith.
1t is possible that Col. sby-Smith
may be called by the Government to
make this substantiation on the wit
ness stand.