Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-08
OIL PRESENTMENT
'RUL|NG THIS WEEK
Justice Siddons Seeks More
Light After Sharp Clashes
Between Counsel.

Justice Siidons is expected tn rule
early this week IN the motion 10
ekpunge from the record Of the Dis.
trict Supreme Court the presentment
returned by The last grand jury
against Harry r. Sinclair and six other
respondents on the charge Of conspir-
ing 10 1obStruct Justice, After sharp
clashes yesterday between counsel for
the respondents and the Government
Justice Si,idons said he regarded the
question as very important and de-
sia'e,. further light from the attorneys
en- both sides before reaching a con-
cauSion.
Martin w I.ittleton. counsel for
Sinclair. charged that the action of the
grand jury in bringing it's present
nent into court, after Peyton Gordon.
United States Attorney. had refused
To bring in an indictment based upon
il, was malicious" and in violation of
the Constitution. Judge Daniel Thew
Wright counsel for Henry Mason
DAY called the presentment "a hybrid.
a yellow cur and a diabolical lie
Charles 4. Douglas. counsel for VIII
liam ]. Burns. said it was unthinkahle
that persons should he accused OF
a crime in a court and not he given
the right 10 defend themselves. which
they could not do so hong as they were
not indicted on this particular charge.
Result Of Jury Case.
The present complicated situation
arose as the result of the last grand
jury's investigation OF the surveillance
OF the Teapot Dome jury by Burns
detectives employed by Sinclair.
Gordon explained at the time that
ne did not bring in an indictment
based upon the grand jury present
r,ent, because the accused persons
were ALREADY en- trial on contempt
charges which involved the same
facts.
Justice Siddons confessed from the
bench yesterday that he was some-
what at loss TO understand the
legal status of the presentment ard
did not know exactly what 10 do
with il. Gordon insisted that. the
grand jury was entirely within its
rights. and denied the right of the
court to expunge IL from the record.
1t was claimed by Listleton that
no court in the land had ever failed to
condemn a grand jury pcesentment
brought under such circumstances.
He called il a mere gratuitous at
tack" on Sinclair. and the result OF
'either prejudice. spite or revenge"
Citing Gordon Suggested
George T. Hoover. of counsel for
Sinclair. suggested that the United
States attorney might he cited for
contempt Of court for failure 10 base
an indictment on the presentment.
but as it stood the presentmeut meant
nothing. Other defense counsel
thought Gordon was entirely within
his rights in refusing 10 bring in an
Indictment
1T is nonsense to suppose that a
grand jury can kidnap the power OF
the United States attorney" declared
Wright
The motion for continuance of the
second Teapot Dome oil conspiracy
trial. set for January Is. will be heard
tomorrow morning before Justice
Siddons.
Mark Fl. Thompson. one Of the at
torneys for Albert b. Fall, arrived
here yesterday and went into con.
ference with his associate. William
r. Leahy and .Atlse Ponerene Of i
special government oil counsel. he
brought wish him physicians aft
Davis and X-ray photographs In hear
cut the contention of Mr.. Fall that he
Is physically unable 10 make the trip
to Washington for the retrsai.