Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-17
N. s. DEALT BLOW
u in OIL CONTEMPT
Court Warns Government
Forces They Have Proved
Nothing Thus Far.

Defense counsel in the Sinclair Burns
contempt proceedings won their second
straight victory today when Justice
Frederick L. Siddons, in a rigidly APP
piled ruling barred efforts of the Coz
eminent to prove by hearSav evidence
the consciousness of Edward J. Kidwell
ir.. that he was being Swallowed while
serving as juror for the purpose OF
bribery.
IF these respondents are 10 be found
guilty" the court held. then there
must be proven connection between
the acts Of the respondents and their
agents and the effect of these acts on
the juror or jurors in bringing about
the mistrial
mo evidence has yet been produced
IN this court 10 show that any of the
acts of the respondents or their agents
produced This state of mind on the part
OF this juror" the court said.
Justice Siddons' declaration in effect
was notice served on the Government
that up to this stage of the trial OF
the contempt charges # had failed to
make out case against Harry F. Sim
clair. William J. Burns Henry Mason
Day and the other three respondents
accused of conSpiring TO obStruct JUS
tice and influence the action OF the
trial Jurors of the Teapot Dome case.
Government Handicapped.
Handicapped by the courts previous
ruling, which prevented James y.
OIeary, assistant United States at
torney. from making use OF the TWO
Kidwell aEdavits. the Government
prosecutor today virtually was unable
10 destroy a single fragment OF the
i,,r,Nr'S testimony TODAY.
OIeary had obtained from Kidwell
the Jurors own version OF the King
Akers affair II the near-oear saloon
and did not succeed III shaking the
Jurors testimony as previously gwen
during the inquiry into the lntimloa-
ton charges.
The Government prosecutor then
questioned Kidweu about the men VINO
were said to have approached him al
the courthouse and in the Museum
grounds during the Teapot Dome trial
Eidwell denied fatty again that he
recognized Stewart for sure" as the
man who talked with him at the court
house. When OLeary asked If he rec
oCnized him to the best OF his recoi-
lection" Justice Siddons upheld the
objection of defense counsel.
The Juror then was asked about the
Incident that occurred in the jury room
when he returned TO the courthouse 70
keep some one from talking TO NM
CTeary asked Kidwell to give an ex-
preston of his mental state as a juror
nj this time. based on the various IN
cidents he had testified about.
Claims Avoided Talks
II was this incident which caused
Justice Si6dons TO make his declara-
tion from the bench. Defense counsel
AT an earlier period succeeded IN bar
ring testimony by Kidwen concerning
n man observed shadowing him al the
Jurors house a week before the mis-
trial
OTeary produced a paper which ne
tried 10 offer as evidence bearing on
this incident. It was barred by the
court ON the Government counseis own
admission that 1t did not prove any
connection between the respondents ana
the alleged surveillance, wnicn mao oc-
CURED some three weeks AFTER the MIS-
trial. =,
Unable 10 contradict Kidwell's test
rnony bv the rigid ruling Of the court,
OTeary sought to show that the juror
was incapable of giving correct YER
sion of the King -Akers affair on the
alteration he had taken q drink less
than half an hour before the incident
occurred.
After much prodding Kidwen admit
ted that he had 'one drink OF mtoxi-
eating liquor" at the near-beer saloon
tust before he met the two men who
swore In afiidavits that the juror dis
cussed the Sinclair trial with them.
Kidwell In his testimony today denied
that ANYTHING was said about an auto
mobile a block long" or about SIN
clair as a turfman or man OF wealth.
As he testified previously, he said, he
succeeded In getting away from Akers
and King when they tried TO talk TO
him about the trial.