Evening star., 1928-12-01

Apparently the ending of this case
means that further efforts to hold to
legal accountability the perpetrators of
the most astonishing frauds in Ameri-
can history will be a waste of time"
Thus the Dayton Daily News sums up
view which seems to be held rather
generally by the press in connection
with the acquittal of Col. Robert w.
Stewart of perjury charges growing out
of his testimony before Senate COM
mittee in an investigation of the oil
scandals.
After weighing the evidence, the New
York Times holds that even without
the technical point in his favor tthe
absence of a quorum at the time he tes-
titled before the committee) it is highly
doubtful If Col Stewart could have
been, or should have been, convicted Of
perjury" The Times adds, however:
Col. Stewart may assert now that he
has been fully vindicated. But he
should remember that public opinion is
often able to reach and punish derelic-
tions which are beyond the jurisdiction
of any jury"
In a review of the oil prosecutions
the Milwaukee Journal observes that.
"in its larger aspect, the case adds one
more to the long roll of criminal prose-
cution failures-Doheny Fall. Sinclair,
now Stewart. And people will be say
ing. cynically again, about these cases, y
continues the Journal "things that are
not good for us to have to think or say.
But how can it he avoided? For all
that was done in Washington, nobody
has paid. The termination Of
this case provides no satisfaction for
anybody Certainly not for the Ameri-
can people, who mark 1t down as one
more blundering trial in the criminal
prosecution of the oil cases that ends
in failure. Certainly not for the Senate
committee and the Senate. both of
which have given a demonstration OF
how loosely Government business can
be conducted"
"Mr. Stewart has emerged success
fully" remarks the Springfield Union,
from two trials brought about because
of his participation IN the transactions
that preceded and followed the unlaw-
full leasing of the oil reserves, but
scarcely with heightened prestige. In
the failure of the law. double obliga-
tion may be imposed upon those other
agencies that have already indicated
their dissatisfaction with the quality of
service that Mr.. Stewart has rendered
modern business and that have taken
steps to clear its good name OF any
shadow that may rest upon 1t"
The Hartford Times, noting that the
Government has had poor luck with
criminal cases growing out of the oil
matter" offers the view: Whenever
individuals have been put to trial on
criminal charges, the absence of i'm
portant witnesses or the presentation of
technical defenses has prevented con-
victions. With Mr. Blackmer still hiding
in Europe and resisting all efforts to
eXtradite him for appearance before the
courts, the presumption of innocence
| which attaches to those accused of con-
nection with the various cases cannot
be exceedingly strong. 1t is not to con-
ceal the innocence of transactions that
men make themselves expatriates."
= x X
This technical acquittal serves its
purpose. 1t frees Stewart And il
leaves the sorry record as it was" says
| the New Orleans Morning Tribune. The
difference between civil and criminal
actions is pointed out by the st. Paul
Pioneer Press. with the statement: IN
civil actions, the decisions by the courts,
the Government scored smashing vic
tories. In criminal trials. with decisions
by juries, 1t has suffered a series Of
defeats. The Supreme Court
In the civil actions swept through side
issues TO the central fact of guilt. The
juries in the criminal cases did other
wise 1t is still difficult to convict a
| million dollars"
The Charleston Daily Mail suggests
that the question of perjury in case
having such possibilities and so many
leads, was mere episode. If not some-
thing of diversion from more i'm
portant things" The Scranton Times
quotes a report that Col. Stewart is
| iuhilant over the outcome of the trial"
but continues. He can be, If satisfied
with a technical verdict which frees
him of any danger of punishment By
the court but does not change his
status in the eyes of the general public.
| y
"The result will Rrubably surprise