Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-03
CHARGE Of THREAT
MADE BY K|DWELL
Former Juror Declares U. S.
Official Coerced Him in Oil
Contempt Probe.

d. ~ lse3rN, aSSlStaHl 1Htteu c'o"
attorney. of threatening TO prosecute
him unless he swore he had been ap
preached during the oil conspirac,
trial by two Burns operatives.
The Jurors accusation against tn
Government prosecutor in the Sincialr
Burns contempt proceedings was made
under grueling croSs-eNamlnatiol
bv defense counsel after the reopenlns
OF the inquiry into the charge OF IN
1imidation Of witnesses laid at the doo'
OF the district attorneys office.
AffidaVits filed by the Government
and sworn 10 by kidwell name Johr
]. O'Reilly and Barton Stewart. two
of the Burns operatives. as men wht
approached the Juror on different days
during the Teapot Dome trial
Threat Charge Made.
Under questioning hv George II
Hoover OF counsel for Harry r. SIN
clair, Kidweil reiterated emphaticaiiN
his previous denials that he was posi-
tive these two Burns operatives were
the men who had approached him. He
made his accusation against O1.earN
when Hoover brought out certain
things that occurred in the District
HllpIutN - pflitS ahcAIA AZ AititdAtS ~
fore Kidwen took the stand for the
first time as witness December -
The witness testified that OLeary
had shown him the two affidavits IN
which the detectives were mentioned
If you don't say that O'Reilly and
Stewart We're the men who approached
YOU. I'll have 10 use these affida wits
against YOU" was the threat which
kidwell CHARGED the Government at.
torney used.
Kidwell then said he replied: 1T
you are going to use them against me
you'll have to go ahead and do it.
will not accuse any innocent man.
The juror persisted in his state
ments that O'Leary had inserted the
two paragraphs in the affidavit con
corning the Burns operatives against
kidwells persistent avowals that he
did not think they were the men who
had approached him.
Expect O'Ieary to Testify.
Even when his own attorney asked
him in OLeary's presence about the
detectives, kidwell testified he could
not say he was positive about them.
kidwell's accusation was one OF sew.
eral effective bits of testimony brought
RhI BA the GGIFElSG dkloIUtN III sun
stantiate the charges Of intimidation
under which the inquiry is now pro.
ceeding IL was expected that
O'Leary himself would take the stand
in his own defense before the inquiry
ends.
Recalled 10 the witness stand after
q Today respite. Kidwell admitted he
had been given a promise OF immunity
for 80 in rifa 10.
ing about the Teapot Dome mistrial.
Although the jurors recollection of
specific details of the offer was lack
ing. KidweIl stated emphatically that
Neil Burk inshaw, an assistant United
States attorney. had promised him
something about immunity" after he
had been brought back to the Court
house in the custody OF two marshals
the morning the Teapot Dome Jury
was discharged.
Kidwell has been charged with
boasting what he expected 10 get out
OF the Teapot Dome triai and at the
time was threatened with prosecution
and contempt charges. lie denied
these charges In a petition he filed
with the court several days after the
mlstrial. but was refused hearing.
kidwelI on Grill.
The Juror had been on the witness
stand over an hour and half this
morning when James ]. O'Leary. as
sistant United States attorney. who
f. under fire for the alleged intimida
ton OF kidwell and other witnesses.
turned him over 10 the defense for
crossexaninafion.
Previous 10 the Christmas recess
kidweli had been four days on the
witness stand undergoing a gruelins
direct examination. From his re.
peated conflicting statements today
II vas apparent that his memory was
still as hazy - ever concerning many
specific incidents during the time OF
his alleged ordeals In the district at.
t0rney's Office. Kidwell made his I'D
mission about the promise OF I'm.
munity during close questioning by
George j.. Hoover. counsel for Harry
+. Sinclair. one OF the principals
named with William J. Burns. Henry
Mason Day. Sheldon Clark and others
In the contempt proceedings.
O'Lesry and Hoover changed
roles as ''objectors" and the Govern.
ment prosecutor. who IN fighting
desperately TO clear himself OF the
intimidation charges. frequently inter.
rupted the proceedings during the
nsp.
Just before he released KldwelI ia
tae defense, OIeary ysiHly sought
10 get a direct statement from the
juror relative 10 his intimida ton or
coercion before he appeared az a wit,
heEs in court. Mr. Hoover succeeded
IN blocking direct answer. contend
inS that the court must deal only
with facts and not expressions OF
opiT'ons
During the course Of his cross 81
animation, kld@eil admitted at one
tine thst he rad never heard Of the
four men whom be named in an
sfildssit az having followed him, until
sh>:' were mentioned 10 him by
Of>eary on December o.
Respondents In Court.
Wien the inquiry into the intifnl.
fatioD charges opened Juror kidweiI
wss recalled 90 the stand as n GOV.
mt witness All six res3DBde nts
we're present
The ~ days respite from his pre-,
y.ous ordeal on tie Witness stand eyi.
IDENTITY failed ~ refresh kidwclt's
tions In the district attorneys office
NhI"h DLsaFy questioned him about
A. one point the Government At
t0fney asked kld~eii about refnh Fk
made ~ tie juror on It's witness
stand 10 the effect that D'I-ehFy was
stalking hls reputation az lawyer
upon his sstlmoDy. Mr. Hover pro.
IGFted against the line II exaHiina
ton and toj0 D't.esry he "needn' I
81 oNI aiout j.. The Government
ptosteuiDT protested ~ the court that
he War present On that OCCASION and
baew more shout IL than Mr. Hooysr
a4d.
You have plenty of opportunity
"a NO 0D the witness stand IL sou
~snt to" Hoover ~ joined
Sben Justice Eidd0Hk ihlefU0seG
AZ objection 10 tbs examination
- i>ssry stated 10 the court iilst be
GaHe,9ed ktnAeH Nppt.fd ,Hangs "a.