Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-01

given by Mai. Gordon was that Burns.
Sinclair. Henry Mason Day. Sheldon
Clark and W. Sherman Burns. who
were among those charged by the
grand jury with a conspiracy TO OBJ
struct Justice, already were on trial
on criminal contempt allegations as
result Of the same series of incidents.
In addition to these. Charles G..
Ruddv and Frank ]. O'Reilly, opera
tives in charge of the jury surveil-
lance, also were named by the grand
jury.
Rams Presentment.
The following statement was issued
hv Mr. Douglas: Il do not regard the
grand iury's presentment growing out
OF the nlistrial of the Fall-Sinclair
case of legal or moral importance TO
my clients. William j. Burns and w.
Sherman Burns. or to the other per-
sons involved. 1t is of no legal inn
portance since the presentment died
virtually at its birth, and no indict-
ment can he based upon it, nor has
any court the power to try the persons
mentioned in the presentment itself.
The presentment amounted to moth
ing more than a statement made by
the grand jury in the report OF their
activities which they delivered TO the
presiding judge.
Personally. I believe that the re-
fuSal of the district attorney to draw
M an Indictment was due 10 the fact
that there is not evidence satisfactory
or sufficient to convict any Of the per-
sons named of the accusations made
by the grand jury in their report TO
the court
when It is considered that the pro-
ceeding before the grand jury was
purely ex parte. the report Of the
grand jury can have no moral
significance. AS the foreman of the
grand jury said. the eyes OF the
Nation were upon them. so they felt
that they should take some action.
With the wholesale accusations
against one Of the petit Jurors Of the
Fall-Sinclair trial and his subsequent
treatment by the district attorneys
office so fresh in the minds OF the
grand jury. and with all the hysteria
attendant upon this matter. II is easy
10 see why the grand jury was so
insistent on taking the very unusual
step which il did. II should. more
over, be borne in mind that the in
curry by the grand jury related to
the shadowing of a trial jury, which
has never by any court been de-
clared TO be improper and is a prac-
tice in which the Government has in
many cases INDUCED, the last one to
my knoledge being the recent Philips
war fraud case, in which / appeared
as counsel"
SO far as Mai. Gordon il concerned.
no immediate action IL contemplated.
/ II developments meanwhile demand a
reopening Of the case. he indicated, the
| evidence can be laid before the incom.
! ing grand jury.
! When the contempt proceedings re-
| open before Justice Sidd0ns Tuesday
| Edward j. kidweil, jr., the juror who
! accuses Gordons assistant. James j.
, OLeary, Of intimidating him, will be
/ recalled as a Government witness. The
| staff Of Government attorneys have
! been building up their defense against
the intimidation charges pressed by
! Sinclair's counsel, George +. Hoover.
| and this matter must be cleared up
| before the regular contempt case IL
resumed.
With the agreement reached yester.
| day respecting the postponement OF
| the contempt hearing Of Harry NJ.
/ Blackmer, missing witness. nothing
now intervenes TO interrupt the Teapot
| Dome contempt proceedings. Argu-
Dent on the motion of Blackmer's at
/ torneys attacking the validity of the
! Walsh act, under which the contempt
proceedings were taken has been set
for February u.