Evening star., 1928-02-22

was given an opportunity on the stand
I tried to clarity the situation and state
the reasons why 1t was done. and every
word. as have read it from the testi-
mony in the record, Is the truth"
II will say TO you, Mr. Day" replied
the court, that under the evidence IN
this case that you showed loyalty to a
friend and associate greater than your
loyalty to the law OF the land. and 10y
atty in friendship, I think, is splendid
virtue. But there Is higher loyalty
than that. 1t is the loyalty that a man
owes to the institutions OF his country:
loyalty TO It's laws. You have violated
those laws. You took an active part in
this matter from the very beginning.
It was under your instructions and your
directions that this disastrous thing
took place. For that you must suffer the
penalty. And In imposing II, again say
that / think you showed loyalty TO
your friend and business associate that
] think constitutes more or less OF a
virtue In mans character and makes
the stern and unpleasant duty that Is
mine To day little harder 10 perform.
The sentence OF the law Is that you be
imprisoned in the Washington Asylum
and Jail for the period Of four months. -
Sinclair. the last TO be sentenced, then
was asked II he wished 10 make q state
ment.
Sinclair Says Nothing.
NO. your honor" replied the oil mag
nate. Il think that have nothing Ia
add 10 what has been said In my be
half"
You have had loyal friends, Mr.
Sinclair" said Justice Siddons. "and
one OF them has just listened TO the
| sentence OF the court imposed upon
him for what he did. as he tells US
!or you and for your cause In which
he believed. / do not doubt his belief
as he has expressed it here, 10 protec,
| YOU. his friend. and his associate
Cnoer the evidence In this case you
set this surveillance afoot, you author.
| ized 1t. you directed 1t. and presumably
II say presumably, but there has beer
no attempt On the part Of your counse
! Or any one In this case 10 say that IL
vas not your means that enabled yot
10 authorize this thing 10 be done, In
q case against you and another which
was on trial, Case in which It wa,
/ very difficult 10 ses how one conscious
| of the facts could do augnt than u
contribute 10 the fun inyestlgation q!
that cabe, conscious of innocence, /.
that consciousness of innocence ex.
lsAd, that This surveillance which ynt
autiaJf'zed. which you directed aRains
| the jury who were the tricrs. who wer.
the exclusive judges OF the facts as Il
/ whether or not you were guilty or in.
| rocrnt of the crime laid In the indict.
h1ent. they we're subjected ~ this sur.
vsiilance by your authority and b.
! your direction. and you must. ~ fal
as this court is concerned. suffer tn,
| penalty for your course.
The sentence of tie law Is that y0,
te imprisoned In the Washington
Asylum and jail for d period o! 81,
! months"
Counsel for the respondents iber
noted appeals and bond was suggested
by Maj. Gordon as 81 900 In each Gaze
| The court then fixed tie oInda for TN
Burns fesp0ndents 81 81, 900 each, fo
Day al $4,000 and Sinclair So 600
The sentences came as Il distinct dir
appointment 10 The reApondrnts, win
several days ago Lad forecast the court
! decision on The contempt Charge h.
| Justice EidconE' t!ttefances EHernlai
Burns. h0Weger, vas The only one win
commented and he maintained tn
courts action With respect tp his fathe
vas "DutrakeGns"
Outlines KidweIrs Position,
Justice Eiddons In dispoaing of tn
kidYeii~intimidation phase ~ the car,
recalled that EidWril testified on tn
stand he did not know what ali affidayi
Was. We'll" said the court, "let lis a.
sumo that up ~ The time when thes
attldayila affecting iiie case were fiie'
IN This couft he did MOI kno'
what All attldaVit Was There cannot b
The slightest doubt that ff0m the mo
nient u the mikirjsi, II he had had th
most ordinary intelligence, he had ever
opportunity W learn. and, have II
doubt, did learn then and there,
seems, Immediately what an sffidayl
Was"
- After the nistrlal vas declared jus
tics siddons said Eidye.i did the wiz