Evening star., 1927-11-23
K|DWELL FACING
CONTEMPT ACTION
Gordon Would Include Juror
in Proceedings InSti-
tuted by U. S.

The question of including the name
Of Edward J. kidwell, alleged talkative
juror in the Fall-Sinclair conspiracy
trial. in the group Of six against
whom contempt Of court proceedings
were instituted yesterday by United
States Attorney Peyton Gordon, was
a paramount aftermath today of the
action taken yesterday by the Govern
ment.
It was stated authoritatively at
Maj. Gordons office today that should
Justice Frederick l.. Siddons, who yes
terday signed q contempt rule naming
Harry F. Sinclair. New York oil mag
nate; William J. Burns. noted detec-
tive, and two Sinclair men" and two
Burns men," prefer not to act
against kidwell on the information
mistrial, Maj. Gordon will file a sepa-
rate petition asking the court to hold
kidwell in contempt, based on Kid
wells alleged conversation with
newspaper reporter and former street
car conductor, while the oil trial was
in progress.
Motion Is Granted.
Another development in one Of the
numerous angles to the original case
occurred today when United States
Commissioner Needham G. Turnage
granted the motion of Assistant
United States Attorney Neil J. Burk-
inshaw. requesting the hearing for
Sheldon Clark, vice president Of the
Sinclair Refining Co., and one of those
named in the contempt petition yes
terday, be postponed from Friday to
December S. Clark was named in
complaint signed by Burkinshaw, and
charged with attempting to influence
the Fall-Sinclair jury.
At the time the complaint was sign.
ed Clark had refused to testify before
the grand jury on the ground that
any testimony he gave might tend to
incriminate him. Mr.. Turnage fixed
bond at $4,000 and over the protest
Of Clark and his attorney named No
vember 25 as the date for the hearing.
Today Morton Beach, former assistant
attorney general and Clark'S attorney,
again objected to the Government
motion, but Mr.. Turnage granted Mr..
Burkinshaw's request.
The hearing, therefore, will fall on
the same day that Sinclair. Burns,
Clark. w. Sherman Burns, secretary
treasurer of the Burns Detective
Agency; Henry Mason Day, vice
president of the Sinclair Exploration
Co., and Charles l.. Veitsch, manager
of the Baltimore branch of the Burns
agency. are scheduled to appear be.
fore Justice Siddons and show cause
why they should not be cited in con.
tempt of court. They are charged by
the Government with influencing or
attempting to influence the oil-trial
jury.
SiddOns Raises Point.
Justice Siddons yesterday, after
reading Maj. Gordon's petition for a
contempt rule against the six persons
named, voluntarily raised the point
about Juror Kidwell, at which time
the United States Attorney called the
courts attention that the matter al
ready had been laid before the court
in two affidavits at the time the Fall
Sinclair mistrial was granted.
These two affidavits. signed by J.
Ray Akers. former conductor, and
Donald K. King, newspaper reporter,
alleged that Kidwell, while serving as
a Juror. told them in a soft-drink par
lor of his admiration for the defend
ant, Sinclair, and his hopes Of getting
a car las long as a block" Since the
affidavitS became such a prominent
feature Of the case, kidwell has gone
into court with a sweeping denial Of
the charges placed against him and
with the request that a contempt of
court rule be issued against Akers
and King, on the ground that they
violated the courts instructions by
seeking to elicit information from him
concerning the trial. Kidwell, how
ever, has agreed to an indefinite post.
ponement of hearing on the motion.
1t was learned at the courthouse
that the Kidwell matter, which, it
seemed, has been conspicuously over
looked in the grand jury investigation
OF jury-tampering charges, is not as
important in the eyes Of the prosecu-
tors as the charges against Sinclair
and Burns, with respect to the private
detective shadowing of the jury.
With other purposes listed by the
Government in it's petition yesterday,
the jury shadowing was to have been
of assistance to the defense in bring
ing about a mistrial If the defense
deemed it necessary.
May Approach Justice.
Maj. Gordon. it was explained at his
office, may voluntarily approach
Justice Siddons in court, ask If the
court desires him to file the petition
against Kidwell, instead Of waiting
for the justice to officially notify him.
Continued on Page 2. Column IL