Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-07
SINCLAIR COUNSEL
SEES PERSECUTION.
Oil King Portrayed as Victim
Of Malice in Fight on
Presentment.

Martin ". IAttleton, counsel for
Harry r. Sinclair, today charged BE-
fore Justice SIddons that Sinclair has
been the object OF most lawiess con-
duct Of government" nd the victim Of
"a malicious attack" by the last
Federal grand Jury. The charge was
made while LittIeton was arguing his
motion 10 expunge from the records
Of the District Supreme Court the
presentment OF the grand jury against
Sinclair and six other respondents on
the charge OF conspiring to obstruc:
justice.
The presentnnent Was returned go q
result OF the grand jury's investigs-
ton Of the surveillance Of the TearJr
Dome jury By Burns detectives err
ployed by Sinclair. Col. Peytoi
Gordon, United states attorney. has
refused to draw up indictments based
upon the grand jury presAn.nert
There Is no State in the Union"
declared Littleton. I'm which the cues.
ton ever has arisen. and no court
which ever has discussed Il that has
not unsparingly and unhesitatirgly
condemned the presen.ment ot
grand jury as mere gratuitous and
malicious attack brought about b. -rs
Government to serve either prejudice.
spite or revenge.
Always Ready to Face Charges.
"No Central American dictator ever
pursued as reaistlessIy the object 81
his political hatred or the victim Of
his designing assassination a. the
American Congress and the President
have pursued Harry F. Sinclair. Mr..
Sinclair in every civil and criminal
proceeding Of whatever nature. which
has been prosecuted against him
under the organized wrath and pros
ecuting passion Of the Government,
always has been ready and willing 10
meet whatever charges have been
made against him.
Procedure. ancient and honorable,
has been. abolished in order 20 deprive
him Of the effects OF it Clues Of
evidence have been altered that he
has been evaded. fouted openly. n
order that he might be struck blow
generally in the back
At the conclusion Of Mr. IittIetoris
argument Justice Siddons asked him
IL it was within the normal power Of
the prosecutor to disregard the find
ings Of the grand jury. 1T Is difficult
to see IL the prosecutor would presen.
evidence 10 grand jury except n
good faith" the court commented
Attacks Presentment.
Mr.. Littieton declared he considered
II very unsafe conduct" for the dis
trict attorney to follow the procedure
as was done in the pending case. No
body has ever been tried in a court ca
a presentment. Mr.. Li;tietcn a64ei.
and further stated no one could take
the responsibility OF issuing 4 warrant
on this very document.
Peyton Gordon, United States AZ.
torney. defended the action Of TIE
grand jury and denied the authority
OF the court 20 expurge the present.
mert from the record
The grand jury had certain mat.
tiers 70 consider. involving certain per.
sons. and examined some 50 wi,.
nesses." said Gordon. Then. following
the forms thar had been observed ever
since this court has existed, The fury
brought In a presentmea. charging
certain persons with violating the
penal code. The Jury did its duty.
This Is not a question as 20 whether
anybody else refused 20 perform his
duty"
Argument began this morning
before Justice Siddons on the motion
TO expurge from the record OF the
District Supreme Court the present.
ment returned by the last grand Jury
against Sinclair and six other re-
spordents on the charge OF coasp.r:ng
to obstruct justice.
The hearing had been scheduled
60 take place before Chief Justice
Walter I. Mccoy. bur & was trans
ferred to Justice Sidions,
Claims Authority Lacking.
Littleton. counsel for Sinclair. began
the argument In support Of the motion
fled by him before Justice Mccoy
several days ago. contendins thar the
grand jury had no authority to f.e .
presensrsert without accompanying IL
dic,ments> He also argued that ,As
court was without jurisdiction in tie
matter.
The motion was made In behalf os
Sinclair. Henry Mason Day. She,sca
Clark. William ]. Burns, w. SAer>
man Burns, Charles q. Rudy ana
Frank J. O'Reilfy.
In the courtroom was an array %
attorneys for the respondents. Be-
sides Col Littleson they Included
George T. Hoover. counsel for SIN
clair: Charles A. Douglass. counsel foe
w. j. Burns and his son, w. sherman
Burns. q the Burns Detective
Agency: judge Daniel Thew Wright.
and John NJ. ". Crara, counsel fog
Day f, c, RransereurS. ant MORAN
II. Beach. counsel for Clark.
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