Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-02
RIGHT TO SHADOW
JURYQUEST|ONED
, Court Holds Case Is Without
Parallel in Asking Proof
of Legality.

Resuming arguments for dismissal of
the contempt charges against Harry SIM
clair and four other respondents. de-
tense counsel today were confronted
with demand Of court for more light
on the contention that Jury shadowing
without actual contact is legal.
Without assuming TO pass on the
question OF contact as borne out by
evidence. Justice Frederick L, Siddons
declared the jury surveillance in the
Teapot Dome case was without par
relief" TO be found in the authorities
quoted to the court He declared he
was more concerned about this close
espionage" and the "acts done that
brought the respondents within the
some Of contempt. than with argu-
ments Of mere shodowins unlcSS II
tends directly TO obstruct Justice.
Cites King Akcrs Incident.
Col. littleton reopened for the de-
tense and resumed his plea that the
real test of jury shadowing In a con-
tempt case is whether it is an obStruc-
ton or has a direct tendency to OBJ
S,ruct the administration OF justice.
n
csst-lct he cited the incident occurring
between J. Ray AkerS Donald King ano
Edward J. KidweQ. lr. that was cl-
rect contact with Juror coming WITHIN
the scope Of contempt" he declared.
Contrasted with this contact he re-
ferrec to the "circunstantial evidence
embodied in the incidents when kldweil
was approached by persons who Sougnt
10 talk with him in the museum GROUNDS
and at the courthouse. The single m
cident OF a Burns man being ioentineo.
he pointed out, was when Frank J.
O'Reilly visited the Kidwell home and
barber shop. OReilly on that occasion
used a "pretext." Litleton said. winch
was proof that he was acting WITHIN MS
instructions not to reveal his purpose or
make his identity known.
Shadowing Unknown.
The operations Of the Burns men
were so carefully guarded. Littieton
said. that none of the jurors was con-
scious of being followed during the trial
and probably never would have been
conscious of ii during their lives had II
not been for the mistrial The in
stance of Kidweil's consciousness oc-
CURED when the juror read OF the
shadowing activities in the papers. the
defense holds. kidwell was so i'm
pressed by the courts injunction not TO
discuss the case with any one, Littletnn
explained that he was obsessed with
the idea that he WIS being Swallowed
simply because some one underlined
person talked with him at the court
house
You must let corruption in infiu-
ences reach its mark and II il does not
Go that" Littleton said. lit Is not an at
tempt to obstruct justice. Jurors are
not corrupted by mere inquiries about
case"
Denies Illegal Actions.
Case after case was cited by Col. Lit
Teton in support Of his argument that
there must be q contact IL jury shadow
ing comes within the scope OF con-
tempt.
IF il is proper to be punished for
he said Public opinion. If outraged
by such acts. should crystalline into leg
islation An act Of Congress must pre-
cede prosecution for any Illegal act.
Shadowing is not unlawful As word
IL has no meaning In law"
The deferse attorney quoted various
courts as saying they had been unable
TO find authorities holding jury shad-
owing TO be illegal after q due search
by the language OF these opinions We
can see they have been forced TO yield
% an unbroken line that there mast be
contact in order TO obstruct justice d.
hdent your honor win feel obliged. as
matter Of justice. 70 dismiss this case"
Plea Made for vietsch.
Charles A. Douglas attorney for the
Burns Agency. followed Col Li.tleton.
He read all Of the testimony dealing
with G. L. vietsch. Baltimore manager.
who had an unconsequential part In the
jury saaooving and asked that the
charges be dismissed again5t him. He
had started reading the testimony bear
ing ON william J Burns with the same
,eques; In mind when Justice Siddons
interrupted him.
The court said IL had enough 10 do
following this case without going over
eiidence with respect with individual
respondents At this time When the
time comes 70 discuss the fun case On
its merits, this review OF testimony may
be entirely Appropriate" Justice Siddons
commented. He called for more light
on the broad principle discussed by Coz.
Littieton.
Mr.. Douglas argued tina, there is no
difference between watching and
Ghadoging. declaring the Use Of the
words "shadowing" and espionage"
have served 10 frighten the public He
had begun an argument on the legality
Of private detective agencies when the
court interrupted again. Justice Sid
cons nae pointed out that he vas con-
cerneo more with what vas cone"
during the espionage IN the present
cate than with the mere question 0.
whether Jury sfadowing constituted lis
orderly conduct on contempt Citing
the close espionage maintained BY the
operatives 10 TIE Teapot Dome case.
J1s,ace SlcdO1s SAC ne mad been unable
70 tfac any parallel 10 tilis case in the
authorities searched