Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-17
Continued from First Page.)

am unable to keep my appoint.
ment."
This signified to those present in
court that a verdict was still far from
ready Tor report, 50 the court an
nounced he was going home. would
oe on call from the clerk and sug,
gested thai the counsel do likewise.
The room then was abandoned. About
o'clock the Jurors were taken to a
motel restaurant several blocks away
py Chief Deputy Marshal S. B. Cal
lahan for dinner and returned for
their deliberations about 1880 o'clock.
Sinclair and his counsel again ap-
peared in court around S o'clock and
passed the time smoking cigarettes in
the room and in the corridor. When
the jury filed in the defendant was
asked to stand while Erwin was asked
the usual questions by the clerk as
to the finding OF verdict.
The foreman replied guilty" on
each OF the four counts of the indtct-
ment and the jurors then were dis
charged. Hoover asked that the $1,000
bond for Sinclair be continued and
upon no objection from Gordon the
court granted the request.
In addition to setting forth the ques-
tons which the jury was to determine,
the court, in his charge, said the rea-
sons which prompted Sinclair not to
answer should mot be considered by
you" If he refused, Justice Hitz
said, the law presumes he decided to
take the consequences" and whether
he acted on his own judgment or that
OF his attorney 'is immaterial."
Charge Is Explained.
There is evidence in the case to
~ h yHO
continued the court referring to the
charge that after being summoned,
after appearing and being questioned,
Sinclair refused to answer. One coun-
sci branded Sinclair as a "felon" if
convicted, said the court, adding that
isn't the situation. If your verdict be
guilty, that doesn't brand him as a
felon and the punishment that fol-
lows is not that given to felon. The
charge is misdeameanor and nothing
else"
Referring to one point of the de-
Tense, that Sinclair acted under ad-
vice of counsel, the court said: 1T
is possible for a man to follow the
advice of learned and competent
counsel and land in JAIL just the
follow the advice of learned and
physicians and land in the
cemetery"
In concluding his charge, the court
said the jury must entertain no
or sympathies for the de-
PENDANT. The fact that Sipclairs
name has been mentioned by one de-
Tense counsel in connection with IAN
oil scandal had nothing to do with
the case, the court said; neither had
the fact that the defendant Is presi
dent of oil companies and gasoline
is an expensive commodity.
Hoover took exception to that part
Of the courts charge, which declared
the ''pertinency" of the questions in
the indictment to be matter of law
claring that such action "deprives
us Of the right of trial by jury" and
also to the instructions advising the
jury to disregard the reasons which
the defendant to refuse to
answer and the advice of counsel"
feature.
Here Are the Questions.
The four questions which Sinclair,
on advice of Martin w. Littleton, his
counsel in the trial and also at the
Senate committee March %, 1924,
refused to answer, and as they ap-
peared in the indictment, each being
in a count, are:
Senator Walsh--Mr. Sinclair, l de-
sire to interrogate you about a matter
which the committee had
no knowledge of or reliable informa-
ton at the time when you had here
tofore appeared before the committee
and with respect to which you must
Of then have had knowledge I re-
fer to the testimony given by Mr..
Bonfils concerning a contract that
you made with him touching the Tea
pot Dome. wish you would tell us
about that?"
Senator Walsh: Since you were on
the stand last, Mr.. John c. Shaffer
told us about an agreement between
yourself and Secretary Fall, under
which Mr.. Shaffer was to receive from
you q certain portion of the territory
covered by the lease which you secur-
ed from the Mammoth Oil Company.
Will you tell us about that?'
Senator Walsh Mr.. Sinclair, will
you tell the committee where and
when you met Secretary Fall during
the months of November and Decem-
Der last?"
Senator Adams Mr.. Sinclair, be-
lieve in an earlier hearing you testt-
fed in answer to a question that you
had in no way and none Of your COM
panies had in any way given or loan.
ed anything to Secretary Fall. Is thaS
correct?"
The Senate committee at that time
was charged with an investigation of
the matter Of naval Oil leases, inciud-
ing Teapot Dome, and several days
prior to Sinclair's appearance, suit
had been filed by Roberts and Pom.
creme in the court at Cheyenne for the
recovery of the property. Sinclair
maintained that any answers he
might give would jeopardize the case
of his companies and on that ground
refused to answer "any questions.
He was cited for contempt of the