Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-12
CROSS-F|RE FAILS
TO SHAKE O'lEARY
Prosecutor Cli1gs to Story
That He Did Not lntimidate
KidWell.

Under a grueling ton
by counsel for the respondents. James
J. OLeary, assistant United States at
torney, on the witness stand in JUS
tice Siddcns' court today. repeatedly
Insisted that he never had tried to in
timidate Edward J. Kidweli. ir.. for.
n,er Fall-Sinclair juror. bmt had tried
TO sc, only the truth from him in
connection with the contempt charges.
with special reference 10 his beinS
Swallowed" by Burns detectives. The
court proceedings were enlivened ny
biting and sarcastic remarks handled
hack and forth by lawyers for the
Government and for Harry +. Sinclair
and his associates.
Did YOU know before you put Kid
we'll on the stand that he would not
identify Frank j. O'Reilly. Burns op'
erative. as the man VINO talked To
him." asked Judge Daniel Thew
Wright. counsel for Henry Mason Day.
No. hoped kidwell would testify
that he could identify O'Reilly." re.
piled OLeary. Il hoped TO set the
truth out OF him
When Judge Wright asked OLearN
why he had requested ii men TO stand
Up in the courtroom so that they
could he identified by Kidweil, OLeary
replied
Il wanted to set kidwell TO identity
as many as he could before he com
pletely Topped. ! wanted to get as
much truth as l could out Of him"
Were you afraid that kidwelI
would deny what he had told you?"
asked Judge Wright.
90 81 M
OLeary snapped back.
Much Hot Air" Heard.
During one colloquy Judge Wright
asked OLeary IL he had not heard a
discussion in court about the basis
for impeaching a witness.
Il heard a lot of hot air here about
It," replied OLeary.
Then he must have heard himself"
INTERCEPTED George +. Hoover OF coun-
Gel for Sinclair.
In the midst Of a discussion of
whether Operative O'Reiily had iden-
titled kidwell voluntarily" OLeary
remarked impatiently: HE wasn't CO.
creed, beaten or blackjacked on the
one hand. nor was he promised lady
fingers and ice cream"
OLeary admitted that when Kid
well and he went 10 the Museum
grounds Eidwen wanted TO change an
afidavit which he had given. in which
he had said there was more than one
bench at the place where he had
talked 10 a strange man. supposed to
have been a Burns detective.
OLeary said at this time they found
enly one bench there.
II told him he could testify 10 the
truth" testified O'Leary. but the ar
fdSyif would stand as is.
Sinclair Not Present.
At one point O'Leary. looking
around the courtroom from the wit
ness stand. called attention TO the fact
that Sinclair was not present. This
brought Martin w. Littleton and
Hoover, counsel for Sinclair. quickly
that Sinclair was absent by agreement
between his counsel and Peyton Cor
DON. United States attorney.
Cpholds Presentment.
Justice Siddons refused late yester
day afternoon TO expunse from the
records Of the District Supreme Court
the presentment of the last grand
jury against Harry r. Sinclair. VII.
liam j. Burns and Ave associates.
cha rging them with conspiracy to OBJ
s.ruct justice. Attorneys for the re-
spondents. In urging the court 20 sus-
tain the motion to expunge last week.
argued that the grand jd-y had no
rigk: 20 bring in a presentment when
u MSS onaccompanied Ivy 40 indict-
nsent
Peyton Gordon. United States at.
torney. has refused TO bring In N In.
Gicfuent on the conspiracy charge
@hiie the present contempt proceed
L.. ~ix tn
voive the same set Of facts with re-
gard 1, suryelilsn nee OF the Faii-SIn.
clair jury by Burns detectives In the
employ Of Sinclair.
The grand jury was entirely within
Its rights in making the formal pre-.
eminent. according TO Justice Sid
6ons. vino said IL was quite natural
that the respondents should feel the
sting Of the accusation. but the court
explained that the presentment was
nothing more than an sccusation. and
they could rest on the presumption
OF innoce nee until the charge should
he proved or disprovsd before a trial
jury.
All ~ the attorneys for the respond
srts gave poti"s Ut an appeal from
the courts ruling. Besides Ginclai r
snd Bgrns. the pressntment cited
Henry Mason Day. Sheldon Clark.
Ghsrief g. Rudy. Frank j. CReilly
ard W sherman Burns. son Of the
head Of the Burns Detective Agency.
Dir. CLesrYs testimony remained
mistaken under an equally severe
etossexa riinstion by chs rIex A.
Douglas. counsel for Burns. Frequent
~ the court had 20 interrupt the at
torney. who made charges against
C'Lssry's good faith In the Ia ndiing
~ kadweil," 10 hid him 10 go along
with your examination
An explanation by OLeary that he
Rad not had an opportunity 10 fully
develop his previous exarnlnation of
kidweiI snd O'Reiiiy led Douglas 10
make deliberate charges that this
sta tement was falsely made" On
thu other occasions the attorney made
singing accusations against the Gov,
eminent prosecutor involving his legal
ethics sna his integrity.
These incidents finally caused Mai.
~eyton GORDON 10 protest TO the court.
o