Evening star., 1928-02-22
APPEALS IN OIL
CONTEMPT ACTION
MAY Be DELAYED
Sinclair. Day and Elder Burns
Return to New York After
Being Sentenced.
VAST SIZE OF RECORD .
SEEN AS interference
Justide Siddons Rules Kidwell Was
Not Intimidsted by Assistant
U. S. Attorney.

Back in New York today after two
and half months Of court attendance
here in connection with their trial for
criminal contempt, of which they were
found guilty late yesterday by Justice
Frederick L. Siddons and sentenced 10
the Washington Asylum and JAN. Harry
F. Sinclair, oil magnate: Henry Mason
Day, his confidential associate, and
William j. Burns, former chief OF the
Bureau of Investigation. Department OF
Justice, planned steps toward nlgher
court for exoneration.
In addition to the foregoing three,
W. Sherman Burns. active heao OF the
Burns International Detective Agency.
employed by Sinclair TO shadow the
FaIl-Sinclair oil conspiracy jury. which
act was the basis of the criminal con-
tempt petition brought by United states
Attorney Peyton Gordon last November.
received punishment from the court IN
the form of fine OF $1,000. Sinclair
was sentenced to serve six months. Day'
v-ho hired the detectives at Sinclalrs
ren,,est- was sentenced to four months.
and the elder Burns received a l5-oay
term.
Appeal May be Deidseo.
Immediately after the sentences were
imposed. counsel for the respondents
noted an appeal. Owing TO the tre-
mendous size of the record OF the pro-
ceedings, it was thought today the ap-
peal could not be presented to the DIS
trict of Columbia Court Of Appeals be-
fore November for that tribunals con-
&ideration.
The action of Justice Siddons IN
finding four of the original respondents
guilty Of criminal contempt was Iore-
cast several days ago when the court
made 1t plain that surveillance OF
i1rv tended to obstruct the administra-
ton of justice and therefore was con-
tempt OF court. The stand taken py
the respondents, in absence OF any pre-,
cedent in the matter. was that tney mao
q right 10 shadow the jury as long as
the Subjects were unaware Of it.
In the course of his decision. which
brought an end to the celebrated case.
Justice Siddons disposed OF charges OF
intimidation of Juror Edward u. kio-
well. ir-. made By him against James
]. OTeary. assistant United States at
torney. The intimidation charges by the
Fau-Sinciair trial juror interrupted the
contempt proceedings Tor many Gays.
Justice Siddons touched brtefiy on tne
facts and concluded: Il say tnat IN .Ise
courts opinion there was no intimioa-
tjon or coercion of Kidwell by the dis
trict attorneys Office or any member OF
his staff"
Mere Admonitions" Asked.
Before he passed sentence. Justice
Siddons gave to attorneys for the re-
spondents an opportunity TO speak on
the subject of punishment. Daniei Ine"
Wright. counsel for Day. SAID there
should "oe no more than a mere ao-
r,nonition TO Mr.. Day and that TO do
more than that would be almost IN
toierabie"
Martin W. Liftleton, speaking Tor SIN
clair. asked that the court mot impose
a Denalty in prison" Charles A. Doug
las requested that nothing should be
done n the case OF the elder Burns
..beyond an admonition or mere nomi-
nal fre," while for the younger Eur.is
be asked the court TO see 10 u tnat
no tragedy or error Is con1mlttec mere
by :nficting upon 80 fine a'lo aomilapie
q character as Sherman Burns anytnLig
that will DO him real damage in me
future" Douglas added tnat tne ois-
trIct attorneys Office viii "ofier no oo-
stacles," and Maj. Gordon explained
that ynen summoned before the grand
3,try Sherman Burns brought the papers
and records that were called ior.
II feel differently toward MIN lof
fhst reason than toward any oil the
o.herg." said the prosecuting attorney
land In the presentation OF tnat uaat-
ther before the grand jury ne cooper
sted very extensively with the olstIcs
attorney. But with respect 70 the fcss oi
them. / think they Snoula nave "a.
senterace. and the greatest sentence lnat
under the lA@."
Puts Blame on Surveillance.
Tn Yei.eyatsng his opinion that jury
ss,rYeilian1e tended 70 obSlruct Ilssics'
the ffg,rt declared: II they NAG nol
established the surveillance, iof &pst4s
that appears ia this case, ulefe "uoIo
have been no breakdown oi Ifiah c''u.-
3ral case. a case involving. no ooopt.
,ps ezrendS,a,re of great deal oi
,reyey on botn sides IL broke Gown,
snd Il broke down because o' the suf-
Yelilance o. this jury -
Tyty,a,niny again from MAJ. Goydon
an expression that Sherman Euffas -
entitled u consideration IN the HialE'
of 4 sSr..a!ty." the court tUFfiec 10 abe
Young detective and aak2o IL ne RiStaeo
to say anything -,..s ,,,.<.-
If IL please ti9s c09Ft, fepi&eo fS fSlf' :
man EHT!gSf u +itIis - ~f' - -
rnet16 ogit here, ] wish II would be
rnpted out 70 nay father. With all due
y.,ss>ext 10 the court. and ! kno" the
eelrt has given al his decisions the
pYeau-st consideration, / think great
Injustice has been done my father But
]. IIefSJ,a3ly, am IN postum 10 kfoW'
That Is all. your .lonof !"
THE sentence and judgment ~ the
1oyft is Hr. Sherman Burns, that you
pay fire VI 81 TOO said The court.
Then turing " the elder Burns, thf
court received this reply u his queS~
taDn aS ~ waat ne wished tp Say
Nothing. except ~ Say. your noiiof,
ti4at Ee.ore my Gs,c ] am III innocent
as d child uEbofn ! never knew d
ti43ng In the world about this matter
until after il was ali over. and just as
testified"
Given Lightest Sentence.
The court replied that Le had found
Onoer the evidence ia THIS Gaze that
sou Cid have share IN this matter, !"
and aGded, But / think that In your
case the penalty 10 be imposed, because
Of the extent ard character of that
share, should be. az ] have SAID much
liglitef than II might otherwise have
been The sentence ri the law ~ that
sou h. imprisoned III tile Washington
Asylum AID jail Tor a pefiH1 ~ Is
days"
Days a,atenicnt III response ~ iie
courts question Nab no bif, ] have
not. sir. ] simply diG what would
c. If | was a6Sociathd With man u,
Try ~ protect his interest When ]
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