Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-06
OLEARY CHARGES
!. PLAYFOR DEFENSE
Prosecutors Claim of Con.
ceaIed Move Against Him
Brings Sharp Rebuke.

During dramatic scene in the
courtroom today James J. O'LearN
assistant United States district ttor
nev, charged that the present inquiry
into ehsrses that he had intimidated
Edward j. Kiiwen. Jr.. Fali-Sinclair
Juror. was playing right into the
hands Of the defense.
IF | am guilty of any crime" de-
rlarci OI4eary. Il think there Is a
tribunal before which l can he ar
raic9rd. The charges can then be
stated ana | can defend myself. This
is an extra judicial procedure ara is
plavinS right into the hands ot the
defendants. But Your honor has asked
that this matter be cleared M before
the contempt trial is continued, and
am willing 10 go ahead now and
do IT." =,
Raising his voice. Of.eary claimed
that he had never Vet been made
aware Of exactly what the charges
we're.
II am deprived Of that right 10
know what the charges against me
made hv these defense attorneys. real
~ are in these proceedings" OLcarN
said.
Justice Answers OI.eary.
Justice ,Siddons. replying sharply.
Slid tina; the charges had been
'.hroad" ana that George =. Hoover
of counsel for the respondents had not
gone into detail in stating that
OLeary had intinidatcd kidwell. But
Justice Siddons denied emphatically
that OI.eary had been deprived of
any right 10 know the charges against
him" The court said that this was
the first time oLeary had suggested
that he did not understand the
charges.
'Kidwell. when he was placed on
the stand. seemed to know or believed
that he had been inundated or CO.
creed" said Justice Siddons.
The incident arose while Edward
Towers. craftsman in the District
surveyors office. vas on the stand.
He was being uueEtioned by OLeary
regarding trips he had made with the
assistant United States attorney on
December II. lie testified that he
had stood in front OF school from
which a Burns detective claimed IN
his testimony to have seen kidwell
enter his home. Towers testif1ed that
no one could have seen kidweil enter
his home from that spot.
Testimony Upheld.
OIeary was a little slow in develop
sng Just what this had to do with the
charges of intimidation and Hoover
objected to further testimony on TINS
point on the ground OF irrelevancy
i, was at this juncture that O'Leary
claimed that he was being deprived
nf his right TO defend himself ana
even TO know what the charges were.
Justice Siddons said that in view OF
the statements OF the assistant United
States attorney, made for the first
time in court today" the objection TO
she testimony OF Towers was over
ruled. and OLeary might proceed 10
osvelop his defense against the charge
OF intimidation.
rLeary earlier today called Miss
Ruth Teates, neighbor Of kidwell. and
Walter s. Hartman. notary pubic, TO
the witness stand.
Hartman, who is connected with Inc
Anacos;ia Finance Corporation, cor
roborated earlier Government testi-
r1ony that Kidwell and his mother
said they knew what they were sign
ing when they affixed their signatures
IN an AFFIDAVIT before him in which
inev mentioned such suspicious that
the Juror was being followed by Burns
detectives.
Miss Teates repeated on the witness
stand statements made by her in an
AFFIDAVIT concerning a mysterious
felephone CALI when a mans voice
some time in October asked her about
the habits OF Kidweil and she replied
among other things that he was "A
pretty good fellow and seemed to help
his mother"
Afidayits Not Read.
Judge Daniel Thew Wright OF coun.
rel for the respondents. brought out.
on q crose-examination OF Hartman.
that the afidayit signed in his pres
ence was not read on that occasion
either 10 Kidweil or his mother. He
said, however. that he asked them
whether the contents Of the paper
were true TO the best OF their knowi-
edge and belief" and that the answer
vas Eyes"
OIeary questioned Miss Teates
closely about the mysterious 'ele-
voice over the telephone asked her
whether she knew young fellow
ramed Kidweli," and when she said
she did, the voice asked her whether
he ran around at night" Miss Teates
testified that she replied. No, ne
seems 10 be a pretty good fellow.
Then Miss Teates. according 10 her
testimony today. asked the name 81
The man who was speaking 10 her
over the telephone and the reply came
bark. 1T is the credit bureau"
Not Sure OF Date.
The exact time when this telephone
<s1l occurred was the subject Of many
questions by counsel for the respond.
ents, who sought TO obtain an admis.
sion from Miss Teates that IL occurred
before the selection ~ the jury in the
FaiLGinclaar trial had been completed.
The best they could get from her, IN
that connection. was that she was not
sure when II took place
n, McConaas Hswken. attorney for
Ksdwell, WIS recalled 10 The stand
and testified .;ass r. Rad discovered
several more discrepancies between
his recollection and that Of Col. James
y. Easby. 9mitb. who represents the
court i'm the investigation NJ the al
legged contempt, regarding their inter
view on December with ktdHeli and
K5dweii's father ami mother HaWkst
testified that he could not recall. as
Col. Easily Smith had done, that Kid
well expre~a.o a suspicion that n
man who called 81 his house wss one
Of the men he thought had been fol
loving him.
1aNFeH fFHisHuFfto bhiF Afo1 H'"
veil said that This man apparently
mas hooking for him" sn1 wss not
- be eiaimed, an inspector ~ the
iesitn department, Hawksn did mol
remember that Kidwsli on that oeca
sion sai6 he believed he could fseof
riDe another msD whom he saw ~
Eorsn Is near beer saloon az Burns
detective,
Mrs. Magrader Testifies.
Mrs. giizs b.th II. AaRruder, ssenoF
rst,ber in the once Of the United
states attorney. testified Just bsfhft
court adjourned yesterday thai she
nrsse one ~ the disputed affIdasiis