Evening star., 1928-01-18
'AKERS UNDER FIRE
| IN CONTEMPT CASE
Oil Forces Seek to Prove Wit
ness Is Biased Because of
Government Favor.

j. Ray Akcrs, whose accusations
against Edward j. Kidwell. jr.. Teapot
Dome juror. featured n stormy session
of the Sinclair Burns contempt pro-
Ceedings today, was under fire of de-
down his testimony when court took its
midday recess.
The former street car conductor
who filed afiidavitS With Don King
local reporter. that helped bring about
the Teapot Dome mstrial, stuck to hi:
denial of Kidwells own version o.
what took place in the near-becl
saloon, when the juror was accused
Of boasting that he expected an auto
mobile "a block long" rs result of his
sc.yiccs during the trial.
Charge Witness Biased.
Defense counsel, seeking to d.scredii
AkerS' testimony. laid the foundation
for impcaching the witness by bringing
out that AkerS had been released from
Jail after his sentence on an intoxica-
ton charge on November 6. through
efforts of the district attorneys Office
George p. Hoover, of counsel for Harry
f. Sinclair, and Judge Daniel Thew
Wright. Of counsel for Henry MaSor
Lay. DUliI NOiIttlltCd tlistb liiT Nit!iFts
was biased" in favor Of the Govern
ment by reason OF this favor.
Akers verified by his testimony tht
facts set forth in the afiidavits filec
with the court Just before the mistria
which accused kidWell of talking tC
them about the oil conspiracy case. Dor
King. whom the Government expect;
to put on the stand in corroboration 0I
Akers' testimony Is expected here sool
from Fargo, n. OAK, where he went
TO his wife's bedside.
Beyond establishing the jail record OF
the witness defense counsel had moi
succeeded up to recess IN shaking Akers
testimony TO any degree. Hoover caused
a sensation when he protested TO the
court that he was trying to lay foun-
dation for contradicting AkerS' testi-
mony He declared that Akers had told
James j. OLcary, assistant district at
torney. in an uptown lunchroom OH De
cember 10 that the facts set forth IN
his affidavit concerning KidweN were a
pack OF lies"
Used Name OF Pete Smith"
When Hoover demanded If this was
not so. Akers denied u emphatically,
AkerS admitted under croSS-eXamina-
ton, that he had been convicted and
sentenced on November 6. under thu
name of Pete Smith but Justice
Frederick l.. Siddoils refused to per
nit the witness 10 tell how he managed
to get out OF jail on the drunkeneSt
charge. Mr.. Hoover contcnded that his
release through the efforts OF the dis
trict attorneys office had an impor-
tant bearing in aiding the court TO de-
~ a S1N
Akers' testimony.
Before the midday recess. Akers had
denied fatty that he was on the Gov
ernment's payroll or had received any
.noncy from King or the Washington
Herald for the information he had
given the Government and the news
paper on the Kidweil affair that led
to afiidavits being filed With court
against kidwell
Akers. who talked to Juror Kid
well during the trial about the poSsibil-
!ty Of kidwells getting large sums OF
money and an automobile - block long
from Sinclair. waS called 10 the witness
stand 10 testify on this matter and
other things which he stated in an afIi-
davit heretofore presented In court.
He was questioned b. Neil Burkin-
shaw assistant United States attorney.
about conversations with kidTeI III
September about kidgclTs being called
Tor jury service. but Justice Sidcons,
on objection by counsel lor the respond
ents would not let him go into detail
on that point.
Akers testified that he saw kidgell
several times after Oct-5cr l8. when
the trial began. The first time was at
Horan's near-beer saloon. al Al Four
and -a-half street southwest. He said
that on several occasions he had talked
with kidWell about the Fall-Sinclair
trial, but the cour; did not permit him
10 give the details OF these conterSa-
tions. although Government counsel in
sisted that the Government expected to
show that kidwell hoped 10 get large
rewards from his service as member
Of the Jury IN the oil trial. Burknshaw
hoped 10 show that Kidwell had COM
mittcd himself 10 certain policy with
respect 10 the defendants.
Hope Not Evidence.
Justice SiddonS said that he was I'M
able 10 sce the relevancy OF the testi-
mony regarding the hope" that might
have been tn the Jurors mind unless II
could bc shown by evidence that the re-
spoudcnts IN the case were responsible
for having built up this hope
Il don't believe that the assumption
Of Kidacil that there vas n chance To
receive "A considerable sum Of money
from one Of the respondents said
Justice Sidduns. lis evidence against
the respondents But this does not
mean that | am now deciding the
serious questions involved IN this case
| am dealing With specific piece OF
evidence"
Aaers told of meeting King and intro
ducing him 10 KidWcll lie said the three
remained more than an hour In iio-
rams saloon, and that he had drink
of peach brandy. kidweil had some
thing which was neither peach brandy
nor CORN" aud King took bottle Of
beer. He said they alalked about the
OH trinl, mad that Kidweii said Sir
clair iA q very democratic man. and
admire him for 1t Akers said Kid
well also spoke VI his service on the
jury as a soft job and mentioned
getting 81 or S. day He said Kid
well told him he was not paying IA
whole lot of attention 10 the trial"
that he did not see any advantage in
bringing In verdict Of guilty. but
there might be some advantage IN
bringing IN verdict OF acquittal"
Automobile Remark.
Akers said lie remarked to KidWeli
You ought 10 be- pretty wei. nxed
when this II over" and that then some
remark was made about AN auto
mobile.
Something was said about the
length of the automobile" testified
Akrrs. and | asked him, How iong?'
Kidweil said. About Il block Some
thing WAS also said about the Jury
shooting crap IN the intcrmiaalons nj
the trlnl"
Akeih aald man named Boss came
IN aud told kldWell he was talking
Too ---.--~- much
hkers testified that before they left
X iduril Dntight "A half ,,jnt