Evening star., 1927-11-09
Sheldon Clark Declines to
Testify on Grounds of
determination.
RELEASED UNDER BOND
ON CONSPIRACY CHARGE
Two Real Estate Men Called in In
vestigation-Jurors Seek to
Identify Questioners.
By the Associated Press.

AHotHer OIL Harry r. Slncldir'S as
sistants. Sheldon Clark, declined TODAY
to testify before the grand jury in
vestigating surveillance of the Fall.
Sinclair oil conspiracy trial jury.
Clark, who Is vice president and
general manager of the Sinclair Refin-
ing Co., and whose home is>in Chicago.
was before the grand jury less than
five minutes. He was excused until
tomorrow, when there will be pro-
pounded to him practically the same
questions which Henry Mason Day,
another Sinclair oil official, refused to
answer before the grand jury on the
ground that it might tend to incrimi.
nate him.
Information received at the district
attorneys office is that Clark acted
for Day on one or two occasions in
receiving reports from the Burns de.
tectives, who shadowed the 10 men
and two women ON the Fall-Sinclair
jury.
Declines Statement.
Clark declined to make any state.
ment both before and after he appear.
ed before the grand jury, explaining
that he could not talk until his ex-
animation by that body had been con-
cluded.
After Day refused to testify, the
grand jury certified the fact to Chief
Justice Mccoy of the District of CO.
lumbia Supreme Court. who held that
the Sinclair man could not be COM
PEELED to become a witness against
himself in case in which he might
be involved. A charge of conspiracy
to influence the verdict of the jury
then was laid jointly against Day and
Sinclair before United States Commits
sioner Turnage, and Day was released
on SIS, 900 bond.
Today and tomorrow hold promise
of being busy days for the grand jury.
In addition to Clark and Harry JEFF
freys. chief clerk of the Sinclair Con-
solidated Oil & Refining Co., both
alleged contact men between Sim
clair and the Burns detectives, Assist
ant u. S. Attorney Burkinshaw has
lined up a long list of witnesses.
Included in these are the IL trial
jurors. c. G. Ruddy, director of the
Burns agents, and the entire group
of Is detectives who shadowed the
jury. -.
A new element figured in the case
today when Garret Bitzell. sales man.
ager for the Cafritz company, and
Charles E. Burr, salesman for the
same firm, also were called to appear
before the grand jury. Both Bitzell
and Burr were mentioned in reports
Of Burns detectives seized by the Gov.
ernment.
Burkinshaw declines to divulge the
exact nature of testimony to be given
by the two real estate men. 1t was
generally believed that their state
ments are TO be used by the Gov
ernment in an effort to break down
additional reports made by the Burns
operatives.
Shortly after 10 o'clock Clark Gre
ated a stir in the courthouse corridor
by appearing with his attorney.
Morgan Beach, former clerk of the
District Supreme Court. He had been
trailed through the grounds by news
photographers.
Silent on Questioning.
Clark is a little man in sharp con-
trast to Day. who is out on $4,000
bond as being party to the alleged
conspiracy to influence the decision
and action of the trial jury.
Clark seemed to enjoy the interest
he excited. ''Of course. I'm going to
appear before the grand jury" he ex-
claimed as the question was pressed
to him.
The Sinclair representative, however.
was not so ready to say whether he
would answer any questions put to
him in the grand jury room. His at
torney put such questions off with the
answer. You'll know sooner or later
whether he is going to answer any
questions"
Warrant Is Issued.
AS soon as he walked out Of the
courtroom a warrant was issued for
his arrest. naming him as a party
in the conspiracy with Harry S. Sim
clair. Day surrendered voluntarily
and gave bond.
Should Clark refuse to tell the grand
jury anything about his movements in
during the trial, and
make the same claim of immunity, il
is probable that the Government will
pursue the same course of procedure
as it followed in the case of Day.
While waiting to appear before the
grand jury Clark and Ruddy held an
animated conversation at one end of
the corridor, far removed from the
crowd that congested the United
States attorneys office. The two men
appeared to be talking confidentiallv.
The first of the Burns men who
went into the grand jury room was
Carries l.. Bietsch. manager of the
Baltimore branch of the agency. Prior
10 this, Bietsch had claimed he had no
20 lection with the trailir: of the
f, "s-Sinclair Jurors. He clc ned he
was not in Washington at the time.
The second detective to follow him
VS. -. Brennan, who was brought
mere from the New York agency. A
third witness was ]. Dwyer, Burns
;leuth. who trailed Mrs. Annela
Bailey, one of the two woman Jurors.
To Appear Again.
Brennan was told to wait around"
Is he was wanted to appear again this
afternoon. No information was forth
coming from the United States attor-
ley's Office as to the line of inquiry
,eing made by the grand jury. 1t is
however, that Mai Cor
lon is pursuing his inquiry into the
IDENTIFY of the persons who an
,roached the two other jurors during
he trial as revealed yesterday.
Identification Sought.
Burkinshaw was directing a new in.
luiry today in an attempt to establish
IDENTITY of the persons who ap.
two of the trial Jurors with
improper, questions before the mistrial
within the very shadow Of the court
house.
This information was given to the
grand jury for the first time yester.
lay by the two jurors, John j. COST.
nett, an elderly tailor, and Gardner p.
Srenfeld. young cable splicer. Both
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