Evening star., 1927-11-03
FALL'SATT0RNEY
QU|zzED BY Jury
|NTAMPER|NG CASE
Witness Asked to Explain
Telephone Call to Assist.
ant Attorney General.
DECLARES HE HAS KNOWN
OFFICIAL TWENTY YEARS
Day and Ruddy Also Called as In
quisitors Pursue Their
Inquiry.

The trail of grand jury investiga
tions into irregularities that brought
the conspiracy trial Of Albert E. Fall
and Harry F. Sinclair abruptly to an
end today led to mysterious teie
phone call made by Mark B. Thomp
son. attorney for the defendant Fall
to the Department of Justice.
Mr.. Thompson appeared unexpect'
edly before the grand jury as its first
witness today and was questioned
closely about a telephone call traced
In Daniel jackson, an Assistant Attor'
ney General -
Matters connected with the investi'
cation which led to the disclosure OF
the telephone cali were not dlvu'Seo
bv the district attorneys office. Fol
lowing a tip, investigators for the DIS
<rict attorneys Office traced the mys
terious call as having been made by
MIR. Thompson last week.
Falls attorney, brought into the In
vestigation for the first time, was
closeted with the grand jury for some
10 or Is minutes. Upon leaving the
iury room Mr. Thompson unhesitat
ineIy explained the reason for ms
luminous by Neil j. Burkinshaw, as
sistant United States attorney. he
eynlained that he had known ASSIST
ant Attorney General Jackson init
mateIy for 20 years. the latter having
been a resident of Ell Paso. Tex.
Mr., Thompson said he had told the
grand jury ''all about it., but wouiu
not divulge what the telephone con
yersation was about.
Day and Ruddy Called.
A. Mason Day. contact man to
whom the Burns operatives, alegeo
"a have been employed by Sinclair
to shadow the jurors, reported daily
and Charles g. Ruddy, chief Uf the
detectives. were the next TO appear
before the grand jury
nav announced that he STOOD
sauareiy upon his claim OF immunity
made yesterday and would oechne
ii give testimony that might tend TO
incriminate him. AS a result he Is
TO appear before Chief Justice Wall
ter /. Mccoy OF the District supreme
Court tomorrow for hearing to
determine his constitutional rignss.
Ruday followed Thompson INTO 9,1 .ns
cioseted with them when adjourn
ment was taken for lunch.
Burkinshaw stated before the grand
s,,ry that Days reasons for clalmlhe
Immunity were not adequate ana ina
A would be necessary for Justice NC
Coy to rule upon 1t. 4.
Tomorrow an effort will be made K
6x a date for the Governments mex
attempt to prove that conspiracy
and fraud attended the making OF tns
lease under which Fan, as secretary
Doue naval reserves to Sinclair fai
has indicated that an immediate SECOND
trial would be to his liking. but coun
nel for himself and for Sinclair have
not been so willing. Accordingly
after fling application for hearing OF
n motion of a new trial, owen ). hop
erts and Atlee Pomerene or specia
Government counsel, and Peyton Cor
don. District attorney, have served at
torneys for the defense with notice o.
what has been done. Argument on ln'
motion has been set LOT toinoI.os
morning at 10 o'clock before Jusuc'
frederick L. Siddons. who presided a
she trial. 1t is expected that a dats
3n January, probably about JANUARY
10, will be agreed upon.
Merritt Is Silent.
Dav is a<strapping big fellow. bull
AXE a foot ball player, and did no
snnear at all disturbed despite In
defiant attitude he has taken. Al
the detectives summoned to appea
were questioned in the District al
fornev's Office before Day and Rudd.
appeared before the grand jury.
Merritt. who has been identined d,
n policeman as man seen snaoo"
1ng Kidwell outside the near beer es
tablishment in southwest Wasnins
ton. refused fatty TO say anythin,
today about his connection with TN
case. In reply 10 questions Rudd!
interrupted TO say: HE was actlhi
under instructions"
Meanwhile. no indications wer
xiven ar TO what course is to be pur
sued with regard TO kidWeii. Al
Though il was expected that Donal'
Woodward, prominent Washington
merchant, would appear before tn
Grand Jury today, he has not yet pu
In an appearance. 1t was at Wood
wards house that Day. vice presiden
of q Sinclair exploration company. re
ceiyed reports and directed work o
the Burns detectives. Mr.: Woodwar'
has disclaimed any knowledge OF re
norts having been delivered at nj
home.
Day is represented by counsel whic
sncludes former Justice Daniel They
Wright of the District Supreme Cour'
he got into touch with Wright shortl
after appearing at the courthouse u
day.
Each Of the II jurors signed voucf
era TODAY for their pay while serVin
ss Jurors in the Fall-Sinclair tria
They will receive $4s each, I'M
amount being on the basis OF 81 da
for u days during which they were
attendance.
1t Is not likely now: at any ra,'
Hhat Sinclair will be called before TN
Hand iurv. The oil defendant n
surned TO his home In New York las
night. Former Secretary Fail, VIII
was bitterly disappointed over the m
nessity of a second trial, is remalnfn
In Washington for the time being.
To Issue Many Subpoenas.
A score of subpoenas for prominer
persons In New York, Chicago an
elsewhere will be issued by the di
trict attorneys Office i'm connectio
with the pending investigation. Tn
names Of those to be subpoenae
t1sve not yet been divulged.
Mr.. Roberts, special Governmer
counsel. expressed himself today 9
greatly encouraged over the swif
ness with which the grand jury II
Sesfigation is being conducted.
When the grand jury resumed II
Investigation this afternoon the fri
witness called was Eugene BlaYu'
Af 1921 Twentieth street, employe
~ Day as personal chauffeur for Sf
air during the period Of the trial