Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-13
Court Intervenes as Attor-
neys Clash Over Presence
of Oil King.
U. S. APPEAL TO HALT
INQUIRY TURNED DOWN
Justice Refuses to Drop Intimida-
tion Charge and Orders Resump.
tion Of Contempt Proceeding.

dons' refusal today to grant the Gov
ernment's motion to dismiss charges
preferred against the district attor-
ney's Office and Assistant James j.
OIeary in particular. alleging intimi'
dation of witnesses in the Sinclair
Burns contempt proceedings. opposing
counsel entered into heated verbal
battle which almost resulted in blows
while II threw the entire courtroom
into a state of great excitement.
Edward J. Kidwell. former Teapot
Dome trial juror, had been recalled
TO the witness stand just after Jus.
tice Siddons announced his decision
against the Governments dismissal
motion. when OLeary. looking about
the courtroom. asked whether Sinclair
was present.
"You know ne is not here" called
out Col. Littleton.
II understand that it is his duty
10 he here and il is false state
ment to say that ! knew he vas not
here" retorted O'Leary.
Battle Averted.
Stepping close up TO O'Leary. his
face flushed with anger Col. Littieton
said: THE court must either protect
me against you. young man. or l Will
protect myself.
While the court was rappinS for
order Mai. Gordon said that he had
agreed with Col Littieton yesterday
that Sinclair might he absent on that
day, but no time was set for his re-
turn. Col. Littleton explained that
Sinclair had TO go 10 New York on
some business in connection with his
oil properties
Justice Siddons at this point took
hand and said he understood that
O'Leary merely stated that he did not
know OF Sinclair's absence today. and
as far as the court was concerned he
thought the case should proceed at
once.
Apology Demanded.
"O'I1eary ought TO be required TO
withdraw his offensive Statement; to
Col. Littleton." inierjected Judge
Daniel Thew Wright, counsel for
Henry Mason Day. ''He chose q
va fe place To make II. He ought To
be required to apologize In open count
a nd to the public for the insult"
What was IL he said9" asked the
Judge.
'He said that Col I.itiieton's state,
ment was false" declared George r.
Hoover OF counsel for Sinclair.
Justice Siddons. attempting to pour
oil on the troubled waters. said that
IL OI.esrv had meant that Col. Little.
ton knew ne was making false state.
ment O'Leary should not repeat such
remark, but IL OJeary merely
meant that I.ittieton was mistaken.
the court thought the incident should
be closed.
When Col. LittIe,on said that !
knew that Sinclair was absen, from the
courtroom today" snapped O'I.eary,
"he was making false statement.
won't apologize.
II would not accept an apology II II
were offered" h0tiy reiorted Col Lit
TETON.
OIeary then resumed his question.
ing OF Kidweli on the stand
Main Hearing Resumed.
In denying the motion OF Mai. Pey.
ton Gordon. who contended the inquiry
was extra judicial. Justice Siddons re.
served making a ruling on the spe.
cific charges involving intimidation of
kidweli and others. lie ordered the
Government to go ahead with the main
contempt proceedings against Harry
r. Sinclair, William j. Burns and the
four other respondents concerned in
the surveilian nee OF the Teapot Dome
Jury.
When this Was done Juror kidwell
was recalled 10 the witness stand 10
resume his testimony In the contempt
proceedings terminated on December
20. by the charges preferred against
the District Attorneys ONCE by
George =. Hoover. counsel for Sin
clair.
In giving his ruling. Justice Sid.
dOns told MAJ. Gordon that the court
gave fuii reservation 10 him In going
into intimidation charges ut later
date. In this manner the court up.
held the contention of defense coun'
seI that the presiding justice should
take into consideration all evidence 0f
intimidation 10 the end OF The con.
tempt care In weighing the crehibllity
of kidweIi an "A witness,
Defense counsel contended that
Justice siddons could not absolve Ar.
DI.eaFy IL. as conteDded by the Gov
ernment. The court did not have au"
thority to pass on the intimidation
charges,
Regan After Adjournment.
Justice siddans pointed nnt that the
episode had It's inception
after The court had directed adjourn
ment on December 20. and held that
mis- was perfectly clear ana mnnif"st
10 any one who reads the record.
III. intimidation charges, ~ true.
had created - monsirons situation
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