Douglas daily dispatch., 1927-11-02

with people who had been seen i'll the
company Of jurors or with whom the
jurors were in business contact
"They show that in at least one
instance these operatives have in
| vestigated the ownership of home
by juror and the question whether
said home was mortgaged and VINO
held the mortgage; this obviously was
for some Interior purpose not con-
nected with the jurors duties"
Shea added that the reports showed
that aside from their salaries some
of the operatives received as high as
,, $50 a day for expenses, and that at
least one Of them took a room in
lodging house opposite where one
of the jurors lived
Kings affidavit said that Kidwell
told him and Akers that che was
getting five dollars a day for services
on said jury and was not paying a
whole lot of attention to what was
going on"
"Kidwell further remarked" King
said, There was nothing wrong with
this fellow Sinclair, that he was all
right, and that he was a democratic
fellow, and that he acted just like
anybody else and that he had so
much money he didn't have to put
on airs.
"Akers remarked to Kidwell that he
supposed Kidwel would be riding
around in a big car soon, and that
Kidwell in response stated substan-
TALLY as follows: Well. if / don't
have one as long as this block, I
will be very much disappointed
"Akers stated to Kidwell in the
manner of an inquiry that he sup
posed Kidwell was figuring on getting
something out of this and that Kid
well said in response that Sinclair
had plenty of money; that money was
nothing to him. and that there was
no limit to what he might do if he
wanted to; that Kidwell also stated
that the members of the jury had
on one occasion had a game of cards
and when one Of the Jurors had gone
broke KidWell himself had suggested
a dice game; that Kidwell then made
the remark that he would get some
thing out of the dice game if he
didn't get anything else"
No presentation affecting Kidwell
is being made to the grand jury, it
was stated at the district attorneys
office, the explanation being made
that if Kidwell had made the re-
marks attributed to him, he had VIC
lated the specific instructions of
Justice Siddons not to discuss the
case with anyone and could be dealt
with by the court on contempt
charge.
There are two sections of the code
dealing with the subject of Jury
tampering; one providing maximum
punishment of a fine of $1,000 and
Ia year in prton, of both, for an
individual attempting to influence a
juror; and the other imposing a
maximum of $1,000 and six years in
prison, or BOTH where a conspiracy
to influence Juror is involved.
Immediately upon the converting of
the court today, former Senator Atlee
Pomerene, of special government oil
counsel, arose and announced that he
had a matter to present to the court
which had given both special counsel
and the district attorney the "gravest
concern" Justice Siddons wanted to
knoN If il was to be presented in
the presence of the Jury and Pomer-
enc explained that it could be pre-
Sented privately at the bench.
After some thought, Justice Siddons
announced he would receive it in
chambers and recessed court. Coun-
sci for both the government and the
deense followed to the chambers, be-
ing accompanied by Fall. Sinclair left
the courtroom and walked up and
down on terrace outside, conversing
with a friend. He soon was sum
moned to the Justices chambers at
the suggestion of his own counsel.
A transcript of the proceedings in
chambers, made public tonight by de-
Tense counsel with the consent of
Justice SiddonS, disclosed that all four
OF defense counsel contended that a.
mistrial should be ordered, holding
that their clients could not now re-
ceive the flair and impartial trial"
guaranteed them under the law. A
similar view was expressed by Pom
creme in his statement presenting the
affidavitS to Justice SiddonS. He said
all the circumstances indicated to the
mind OF government counsel very
clearly that there cannot be a trial
in this case under the present cir
cumstances indicated to the mind OF
government counsel very clearly that
there cannot be trial in this case
under the present circumstances
which will measure up to the require
ments of the law that there shall
be fair and impartial trial between
the government and defendants"
During the hour and five minutes
the conference proceeded in cham
bers the two women and ten men
on the Jury We're held under guard