Evening star., 1928-01-09
ILLNESS Of FALL
DELAYS RETR|AL
Justice Siddons Postpones
Sinclair Conspiracy Case
Until April z.

Rather than jeopa the life OF
Albert B Fail, former Secretary Of
the Interior. by requiring him 10
come TO Washington on January i6
Justice Frederick l.. Sddons today
postponed the retrial Of the Fall
Sinclair oil conspiracy case until
April >.
Counsel for Fall had told the court
that the former Secretary's physical
condition was such as 10 preclude
his coming here during the risors OF
a Washington Winter and had asked
that the trial he continued until late
In May or early in June.
As soon as the court had set the
date for the new trial. Senator Pom
creme presented 10 Justice Siddons
new subpoeuas difected to Harry NJ
BIackmer and James T.. O'Nell. the
missing witnesses in the Teapot
Dome case. sojourning In Europe. TO
appear In court April ;,
Biaekmer Served Previously.
B!aekmer had been served with a
subpoena for the January is uial.
but O'Nejl has never been located by
the Government Renewed Efforts
will be made by the prosecution. MIR.
Pomerene stated. to find O'Neii be
fore the retrial.
In asking that March be set iof
the retriai, MIR. Pomerene said IL ran
could not come here then. he and MS
associate, Owen J. Roberts. would
feel compelled to move for severance
Of the case and ask the court tn pro.
c,.ed with the independent trial OF
Harry r Sinclair.
Justice Slddons. after fixing the
date for the retrial, announced the
court would not take an Easter fecess,
He declared that more than i."""
criminal eases were pending IN the
Two criminal divisions Of the court
when the October term convened,
many OF them important ones.
Warns Of Criticism.
lie declared there was no reason 10
blind ones eyes 10 the unusual pub.
lie interest In the Teapot Dome case.
nd warned that there In abroad IN
the land great deal OF criticism of
the administration OF criminal Justice
bv the Federal courts. due In delays.
He declared II was the tendency 10
Mace responsibility for delays on the
Federal courts.
William r i.eahy Of Washington
and Mark ID. Thompson Of New Mex
leo appeared In behalf of Mr. FAN
Afiida Wits Of reputable physicians were
prese ed to the court which showed
that II was absolutely out Of the
question" for the former Secretary IN
his present physical condition to stand
the rigofs OF IA Winter In Washington.
Mr.. Falls influenza. circula and lung
trouble make II impossible. the report
said for him 10 stand the trip NJ This
time.
Intimidation Probe Resumed.
Justice Siddons announced that he
was not ready la rule today on the
motion TO eNpunge from the court
record the grand jury pres"nlment
against Sinclair and six other respond
rnts on I'll" charge Of conspiracy To
obstruci justice
The inquiry into the charge that
James J. Oieary. assistant United
States attorney. had intimidat"d I'd
ward ! kidwell jr,. Fali.Slnclair
Juror. was then resumed. Inspector
Henry u, Pratt. Fred Sandbers, Rich
ard II. Mansfield. Hnrry NJ. i.nckeli
of The local Police Department ana
other witnesses we're examined ny
O'I.sary IN an effort In preve TINT ne
was with them M various times ON
December II IL and -. when he "
charged with having been with kid
we'll They testified that on these
prcaHions they did not see kid"eh
with D'I.eary