Evening star., 1928-01-10
i'SUBPOENAS ISSUED
FOR OIL WITNESSES
Defense Gets Orders for Kinu
/ and Akers, Reported
Missing.

MISSING.
Disappearance Of Don King and ].
Ray Akers, witnesses in the contempt
proceedings against Harry +. Sinclair.
William J. Burns and their four asso.
ciates, caused defense counsel today to
have subpoenas issued for their re.
turn 10 court.
King and AkerS are the two inform.
ants who filed atfidavits with the court
concerning Juror Edward kidwell, jr..
which played an important part in
bringing out the Teapot Dome miStrial
on November -
United States Marshal Edgar Snyder
reported later that neither of the TWO
witnesses could he found here Ac.
coVtiinc TO court records. Akers, who
Is former street car conductor. has
served 10 days in Jail for drunkenness
since the contempt proceedings
opened. King, a local newspaper man.
Is said 10 have been called out West
to his wife's bedside.
Subpoenas Ordered.
Assistant United States Attorney
James j. OLeary called for the two
men as witnesses earlier in the day
IN connection with the charges Of
intimidation that have been made
against the district attorneys office
by defense counsel Their absence in
court called for explanations by
George T. Hoover. counsel for Mr..
Sinclair
At that time il was brought ont
that King had left town to visit his
MI
ern State. No one knew what had
become of Akers
Disturbed over their disappearance,
which may lead TO further delays in
the contempt proceedings, defense
counsel ordered subpoenas issued for
them later
OLeary May Testify.
II developed that King had inform.
ed the district attorneys office before
his departure for North Dakota. Mr..
Hoover insisted the presence Of the
two witnesses was necessary TO get
at the real facts in the FallSinclair
mistrial
Juror kidwen in his testimony on
the witness stand denied the story
told by King and Akers in their affi-
oayits filed with the court.
II was probable late today that Mr..
OLeary would take the witness stand
before court adiourns this afternoon
70 answer the charges of intimidation
An angry Interchange between op.
posing counsel resulted today from a
charge by Hoover. of counsel for
Sinclair, that the United States attor-
ney's Office has been trying to CON
ceal something" The wrangling be-
tween the lawyers brought a sharp
rehUike from Justice Siddons. who de.
nlsnded that the proceedings continue
without further delay.
"Au these ordinations and recrimi.
nations between council are fright
ful waste Of time" declared Justice
Siddons. with considerable heat. Il
hope counsel will get on with this
case"
Denies Conceaiing Evidence.
OLeary demanded that the court in
struct counsel for the respondents TO
cease making charges that the Gov
ernmenf was trying To conceal any
thing He said ii was that which was
caus;nc the waste Of time.
1T is the United States attorney
who is wasting time" sharply re.
toined Hoover.
The flare-up occurred while Police
man Matthew j. Myers was on the
witness stand. He was being ques-
toned by OLeary regarding his pres
ence in the United states attorneys
Office on December 20, one of the days
on which il has been charged that
OLeary attempted to intimidate Kid
well. On cross-examination counsel
for the respondents wanted Myers TO
tell why he had been summoned 10
OLeary's Office, this bringing an oh.
lection from OLAary. who said he had
merely called the witness 10 testify
thai he did not see kidwell in the
Office al that time. II was this nb1ec.
tion which brought out the charge of
alleged coDcealment OF important facts
by the Government.
Sharp Remarks Frequent.
During the whole proceedings today
the lawyers as vel, as the judge
seemed 30 he in a mood for making
sharp remarks. The first clash be
tween counsel occurred when Judge
Daniel Thew Wright Of counsel for
the respondents suggested that when
OLesry called the names Of two wit
nesses Donald King and j. Ray
AkerS. he knew they were not present.
That was mere pretense." charged
Judge Wright.
pey. Jumped angriIy TO his feet and
said that IL there was any ''pretense"
4: was on tine side of the opposing
counsel He sad that IL was known
that King had gone 10 North Dakota
sn response TO a FneESage that his
wife war dying. but that this fnforms.
fion had reached the court after
Kings ia me had been called on the
occasion referred 10. when Judge
Wright Insisted that Gordon say
whether or not he knew that King
"as present outside the courtroom
con answered that he Al that time had
10 message u any kind from him.
That is what ] suspected" de-
claFe6 Judge Wright.
Il care nothing about what Judge
wright suepects." was Gordon's quick
fefoFt.
Witnesses Missing.
CJ1eafy and their names we're called
by The clefk. without ary of them sp-
peag3ng. Al length O'Leary found
fprrle witnesses. whom he pat on the
stagG and questioned ss 10 their pres
enoe In bis office on the days when
be ix charged with hs wing iuiimidateG
i dwell. They all said that they did
Y0t rec klc~eli with OLeary on those
syssasions. Among them were James
j.. lowry, detective in the Washing.
Ton Jsriics Department. Lieut., VII.
ilsnn H. Holmes and EefR'. James T..
Eot}G. als<j o. the local Police DeDsrt-
rner'; JDsepn Mclaughlin. proprietor