Evening star., 1928-02-10
SincIair-Burns Faction Tries
to Defend Espionage by
Proving U. S. Example.
INVESTIGATOR UPHOLDS
DEFENSE ACCUSATION
Counsel Charges Prosecutor Played
Part in Trailing During Present
Contempt Hearing.

II their challenge that Harry 2. SIN
clair had the right to put the Teapot
Dome jury under surveillance, defense
attorneys in the contempt proceedings
we're making desperate attempt today
TO introduce testimony by former De-
partment OF Justice investigator tend
Ing TO prove that the Government has
long engaged in the practice Of Jury
espionage.
In putting the investigator, John c.
kisSeu. on the witness stand, the de-
tense declared 1t was their purpose TO
show the court that the Government
had set an example, In the absence OF
any law, Of shadowing a fury during
the actual trial Of case.
You want TO show that IL the Gov.
ernment does this thing then / am
wrong, declared Justice Frederick L.
Siddons. who has held. in refusing 10
dismiss the charges against the six re-
spondents, that the jury espionage in
the oil conspiracy case tended to OBJ
struct justice.
Accusation Upheld.
Fred Morgan, OF counsel for the
Burns agency. brought the argument to
an issue by asking the witness II he
had ever engaged in surveillance OF a
jury for the Government while a trial
was in progress.
Yes" Kissel answered. quickly, BE-
fore Maj. Peyton Gordon, United States
attorney. could lnterpose an objection.
When the Government did object 10 the
answer Justice Siddons sustained the
motion to strike IL from the record.
Further progress In the trial pro- eeded
as defense attorneys engaged in a spir-
lted debate 70 appeal from the ruling Of
the court.
Morgan sprang a surprise when he
argued that not only had the Govern
ment engaged constantly in Jury
shadowing, but that the custom had
been carried on In the courtroom ir
which the present contempt proceed
inss are being held.
When court recessed for luncheon Il
was indicated that the argument would
continue during most Of the afternoon
session as other defense attorneys
joined in 1t.
Says q. .. Ses Example.
Martin W. Littleton, Of counsel for
Sinclair, declared that while the court
had given the first ruling the other Gay
on the question OF jury shadoving. the
defense still held that there was no Law
prohibiting the right Of Sinclair TO pus
the Teapot Dome jury under survei,-
lance at the time 1t was done.
We did this thing not as -laraui-
er OF justice" he declared. "bu. be-
cause the example had been set by the
Government The Government has IN
dulged in Il continuously and IN the
absence OF law citizen had .he right
to believe it must be lawful TO shadow
n s~
Il believe IL admissible evidence f.
this case" Littleton said. because there
is no law on shadow!ag except the rule
laid down In this present case
Credibtlity of the Governments star
witness in the contempt proceedings.
J McMullin. alias Long. WAS
under savage attack during the morn
ing session. Prevented BY the court
from opening up the past history of the
witness In order 70 iTpeach his teSti-
mony. defense attorneys were ccmpetl-
ed TO resort 20 witnesses who testified
that they would not believe McAiuli.n
under oath"
~veraeity Held Bad"
McMullin's veracity was declared
bad" by Harry F. Stahl. Philadelphia
detective, who was permitted ~ testify
that the witness had been discharged
from an agency for making false re-
ports.
Others who declared they would 10.
believe McMullin under oath were MrS
Janette Lantx. the woman recently at
tacSed under mysterious circumstances
at local hotel. and A. Lincoln i1li
George p. Hoover. Of counsel for SIN
clair and Charles A. Douglas Of EarTS'
~
permit evidence attacking the cre<..ou-
ity OF McMullin protested the former
Burns operative. who turned Govern
nent spy. was utterly incapaele cg
telling the truth NJ any time W place"
Review Denied Ivy Court.
Justice SiddcnS at the opening Of
court today cverruled the claimed riShs
ot defense attorneys to review TIE whole
lise history q! McNlull!n ~ prove him
unworthy Of belief, preiaaiceI and
biased" agai,sS. tho Burns Agency
However unworthy cs erllei McAiG.tin
might be, Justice SicdrnS held. his
testimony as 10 certain acts done dur
lns the Jury Sladowins prCcSediDgS had
been fullv carruhcFated by witnesses
Justice SiddonS refused te cpea the
gates 81 as to bring cut all the facts
lng that II the co,rt did SA the ead es
ihe conte,npt case wpusd ee mtertns-
tahle, Such a line ~ examination IN at
lacking tina ered,ei,sts W the wisneSs.
nc Cterlarrd, Mas c>Ntrary ~ the rules,
Defense attorneys had asked = NJ,
lorrant. an official NJ the cASn State
where MeAiGl(tn had
served part NJ his forgery Sen~
Ienee, ~ identity the mans dagger
prints en the application he had made
Io the hurns AsenSS,
ittStit~ SidSlonS reused sa ,et tAs wts-
ness testify,
nitfseaits Encountered,
The defense encNauntasSs mcke dtEss~
,nlty when William v ts,g ~ Cant
ten. N, J., ain insurance agent, Mas
called as the next character witness
against McA,allln
The former Burns detective had
under Longs name Waen
he sought employment With the agency
.heftk hetcre coming to Washington
M the Jury surveillance ich
Long. Who II a tV4tnel member Vt the
New Jersey state I,altg<s, testified no had
Sanwn McAiuiltn about q SeAg And had
TSsciaed at his house
~~~szt sv-ze-ss =ee7eee7 7evas~
Vera Crus Feels Quake.
VERA CRua, Mex,s>A teer0ary 10
Isere last n&he lasslns = seeelAsise
MANY pelssa.s lied mum che taeatsIs
md their haanes,