Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-13
JURy-SPY|NG PLEA
STOPPEDBYCOURT
Siddons HaIts Effort to Prove
U. S. Agents TraiIed
Panels.

Efforts OF the respondents IN the Sin
clair-Burns criminal contempt proceed
ing to introduce testimony for the pur-
pose Of showing that the Department OF
Justice has engaged in the practice OF
jury surveillance over long period of
years and that the usage and custom"
OF jury shadowing has made Is lawful.
act were blocked by Justice Frederici:
L, Siddons today, who in no uncertain
terms set forth his objection TO sucf,
a practice. no matter By whom 1t Is
carried on.
The respondents have had on their
waiting list of witnesses several former
Department Of Justice investigators
who were to testify if permitted by the
court that they had Swallowed juyies in
the past. In refusing permission for
them TO testify Justice Siddons reiter-
ated his decision several days ago on
the motion Of the respondents 10 dis
miss the case that shadowing OF an
'unsuspecting jury empaneled and en-
gagged in trying criminal case is or
tends to be an obstruction OF Justice
and therefore contempt Of court
Court Repeats Decision.
The court repeated mis- decision be-
cause It appeared that there was some
misunderstanding by some counsel as 20
the degree of positivenesS Of the decla-
ration several days ago. Justice Siddor5
recalled that Charles A Douglas.
counsel for William J. and W. Sherman
Burns, had referred 70 il rs "tenta-
tive decision" He added that ne wanted
TO "disabuse Mr.. Douglas mind" de-
claring. as ne directed his remarks 70
the attorney, there is nothing tentative
about that ruling. Mr.. Douglas
sympathy with the right" Of the De-
parrnent Of Justice to shadow a Jury
and declared the court would &c
shocked" If that or any other depart
nent sought 10 treSpass on its domain
He said It will be "a sad day for this
Government" when IL shall De eStao-
lished as a law that each head OF
Government department may change
the common laws so that the FeoeEa4
courts are bound by them.
The action of the court was taken
with John r. KisSeu. former Depart
nent of Justice investigator. or the
stand as a witness for the respondents
The Government had objected Frlcay
to any testimony by him 70 the effect
that he Swallowed lurieS for the ce-
partment and arguments on the matter
were not concluded until an hour after
court opened this morning James j.
OIearY. assistant United States arior-
ney. IN concluding his arguments which
began Friday. declared the question
az issue was not whether the Depart
reur of Justice has the power 70 In
vestigate the Jury.
George P. Hoover attorney for HAITI
F. Sinclair. vigorously maintained lury
shadowiug by constant usage has
r!pened into a custom and The custom
has become a law governing this case
! He added the respondents were not
, Claiming ignorance OF the law. but de-
! ciared. we're claiming knowledge 0:
( the law. and Mr. Sherman Buns had
/ knowledge OF TIE fact the Goger-1:sn.
/ has been engaged n This practice The-.
! ne accepted employment from. NJ Day
/ on behalf Of Mr. Sinclair
Hoover Explains Move.
Your honor said YOU were shocked
when the u;St-ial vas declared coz
linued Hoover. but II YOUR ho1o- las
knowledge OF the practice engaged =
by the Government. an sure ycC-
honor would not have bean SO greatly
shocked" EoCrer said thai DcCS-aS
| expected TO prove that Former ASs-S.S-:
Attorney General Parker. while trying
3 criminal case had a jury Sha6oTec
~
ker TOW IS on the bench % the CI-c-..
Court Of Appeals Of the Fourth CI.c,Ii..
he explained
II discussing the question Of s6-sSS.-
oi,isy OF the former Department - JUS
,;ce agents testimony the eog-. &C.
ciared: Il don't know how csas- Judges
may feel on the subject They G..Hs::
lake q very ciSsre2. Y;sS. ar ;..sy
u'iSh. not Dc Shocked Is IBIS e,l-s wS$
The court declared is g-s@c;l:.ccl c2s>o-
.i.ion 20 any declaration the Department.
Of Justice might make especially u Z
said, Wen spy Cron w. NJ juSs.cs;
veil spy upon tbs .S.-y Because E-s hare
s0s right - ca Il.
The grand jury r-NSeIslcg$ asx.:,s.
Robert W Sssws-s. Standard ~. mag
nate who refused ~ answer S.eS-1>,-,S
before The Senate p~a-c !A-5s cos..-
rlis;se. were being So2r>s - to-day
with the presentation =: GGS,4,IG ~. AZ
evidence and executive orders regarding
the o. leases aid -sSSrvsS CG.tc3
States Attorney Pey.c;; Cic-SS. S:2S Us
assistant. James Y Co.s.sc-.y >sl3 10
day that several days vS,l.,6 ~ Ssyo.sG
! 70 preparation " AZ ;..S.cc::--..s,Si.s Z 4
! preSSntlGeil; Is made.