Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-09-25
DELAY IS REFUSED
IN STEWART TRIAL
Court Grants Oil Magnate's
plea to Open Case
/ October 8.

Col. Robert w. Stewart, chairman of
the board of directors of the Standard
Oil Co. of Indiana, will go on trial in
the District Supreme Court on October
8, as originally set, Justice Wendell P.
Stafford ruled today. Col. Stewart is
under indictment here on charge of
perjury. growing out of his alleged
false estimony last February before the
Senate committee on public lands and
surveys.
United States District Attorney Leo
A. Rover, on behalf of the Government,
last week asked that the case be put
of until December 3, pointing out that
Senators Gerald p. Nye. and Thomas
P. Walsh, material witnesses, were now
engaged in the national political cam
paign.
Justice Stafford decided against the
Government today after reading the
afidavits filed by both sides, and said
that the. Government had not made out
a sufficient case for continuance under
the rules of the court. He therefore
overruled the motion.
Rules Against Government.
Attorney Frank j. Hogan, counsel
for Stewart, pointed out in his ain
davit that neither the motion nor the
affidavit filed by the District attorney
complied with the rule OF court on
long enough before the trial day as
reasonable diligence required. and that
the afidavit itself was not s'cficient.
Mr.. Hogan pointed out to the court
that Col Stewart was indicted ON March
in connection with his alleged refusal
to answer certain questions asked him
py Senate committee in February. and
that the Government prosecutor at that
time represented to the court that the
public interests demanded that the trial
in the case be advanced out OF the reg
ular order, and even refused To grant
continuance of one week. Col. Stewart,
he pointed out, was acquitted OF that
charge on June IA.
The second indictment was handed
down on June IS, last, and this indict-
ment, Attorney Hogan told the court,
charges In substance that the defendant,
Stewart, testified as to the facts sought,
which the first indictment alleged he
has refused to testify to, but that the
testimony was false.
He says that Stewart was in New York
when the indictment was presented to
court, and on June 26 came to Wash
ington, appeared in court, waived the
reading of the indictment, requested an
immediate arraignment, which was
granted, and pleaded not guilty. He then
pleaded for an early trial. counsel point
ing out that the defendant would be
ready for trial the following day. How
ever, Hogan continues, the District at
torney pointed out that 1t was not the
practice of the court to conduct Grim
inal trials after June 30, until early in
October At that time. the Government
said, it would be ready in the Fall.
Holds Senators Unnecessary.
Mr. Hogan said that the case of the
United States against the Pan-Ameri-
can Petroleum Co. of California is to
be tried in California in December and
cannot be put off. and therefore
change of the trial here until Decem-
Der. would be impossible for that rea-
son.
Taking up the question of the need
of the presence of Senators Nye and
Walsh, Mr.. Hogan tells the court that
neither of them have any knowledge OF
information in respect to any material
matter relating to the issues in the
present case, except that they, among
many others. heard the questions pro-
pounded to the defendant on February
2 and 8 last and were present when
the oath was administered.