Evening star., 1928-01-18

fairs.
Judge Wright contended that all
this bore out evidence that the wit
! ness was biased in his testimony be-
cause OF faVorG done by the district at
torncy'S Office in getting him out Of jail
justice SldlOnS remarked that It was
not unnatural for man to desire to
| get out o! Jail before his term expired
and sustained the Governments OBJ
| lection
Then Mr. Hoover asked Akers If he
eHer went back TO work again after
| visiting Owen Roberts ard Atlee
Pomcrene, the special oil counsel Akers
replied that he went back to the railway
office, but they had told him he had
been suspended for being off 10 days.
Since October 80. haven't YOU been
on the Government pay roll?" Hoover
demanded
No sir" Al,ers replied
Entitled TO Get Fees.
The defense attorney protested that
Akers had been daily at the District
attorneys Office before December and
evidently was getting paid for it, The
/ Government intcriected however. that
the witness had been under subpoena
and that all subpoenaed witnesses hac
4 right 10 collect their fees.
Hoover next asked the witness about
meeting he had with OLeary IN a
lunch room December i9 When Gov
ernment counsel objected Hoover de-
clared he was preparing TO lay a
foundation for contradicting the wit
ness. He told the court angrily that
Akers had admitted TO OIeary that al
he had told about the Kidwel affair
was a pack OF lies"
The court permitted the attorney 10
question the witness about this. He
admitted being in the lunch room with
OLeary. but denied emphaticaliy that
he had told the assistant District at
torney that his statements were lies,
Didn't OIsary cali in two police
men?" Hoover demanded. An answer
was blocked.
Denies Receiving Money.
Under continued DISCRIMINATION
akers denied he was drunk on the
morning OF October ~. but admitted ne
had been sleeping In Horan's aatomo-
bile outside the saloon Just before King
arrived. MIR Hoover tried To break
down Akers' version Of the incidents in
side the saloon, but withou; much sue
cess. Akers couldn't recall King fash
ing roll of bills and remarking that
he could have made lot OF money
he had attended the races that DAY
He denied. rs Kidweu teStiiied' that
illc jaror refused TO talk with him ABOUT
tie Sinclair case.
Then Akers denied fatty that he has
ever received any money from King or
EIarai3 ftN- htN iNfpT{sNnt ION
Knew Of Shadowing.
For the first time during the con-
temp; proceedings. the Government TO-
day obtained from Mrs. Amelia l.,
Bailey. one of the two WOMAN trial
Jurors. an admission that she was awerc
Of being under observation a few days
before the miStrial.
The incident was fixed by Mrs
Bailey as occurring on October 2S a.
the Convention Hall bowling alleys,
which she visited with friend De-
iensc counsel sought 10 block out testi-
monv relative 10 this incident by con-
tending that evidence was before the
court showing that the jury surve!l-
lance had been discontinued on October
II, Justice Siddons, however, over
ruled the objection
man who had had Mrs. Bailey undey
observation was Burns detective and
there il evidence before the court IN
show that others than Burns opera
u'es evidently had been shadowinc
some OF the Jurors
From Mrs. Bailey and from MIS-
Bernice X. Heaton, the other woman
juror. Government counsel es,ahl,Nnst
the fact that kidWeu mad gone iltu
the jury room one day during the trial
10 keep out ot trouble" Under the
restricted rulings OF the court, which
virtually tied O'Leary'S hands IN dete!r
oping facts brought out In testimony by
the juror. the Governnir0: proSccutng
was able only to draw from the two
women the fact thai this occurrence,
VAS the subject OF conversation III The
jury room.
kidweil COrroboratcd.
OIeary had 10 be content with the
mere corroboration of kidNcll'x state,
mentS which concern the iucidrn, IN
the jury room after he was approached
by man near the courthouse, whom
the Government allegta was Frank :,
ORiley, a Burns operative. The Gov
ernment attorney WAS not allowed To
bring out the fact tina. a number AZ
the Jurors on this occasion had told
kldweu they were aware OF being fol-
lowed by some one. bur thought the sur
Nelliance was being done by Govern
ment agents for their protection.
10th Mrs Bailey and Miss uraion
who have been In constant attendance
since the November J mlnstriul were
finally discharged as witnesses after
their brief testimony. Before putting
Akefs on the stand, the Government
called several other witnesses Ia o,ies.
tion them about the occurrence AT
Hofhn's near~beer saloon where. II IA
alleged, King and Akers discussed the
Teapot Dome trial with the Juror
itandell kidwell who said he was
not a relation Ia the Juror. was the
flrat Of these witnesses lilo testified that
he saw Juror kidwril inside The saloon
with several men whom ne did not
know on the afternoon Of October -
Under questioning by oIsears. the Wit
ness said that kidWeil came over to
him aud asked hun II he would mind
taking him tu the house ot a friend Ia
hia car. They then went out
Discrepancy Revealed,
This much ot the testimony bears out
previous statements made by the Juror
in denS ING facts set forth III the King
AkerA atfidavilh Randril kidwell said
he was with the Juror only about two
minutes at iiorans place,
ban DuuRheIty, the bartender. and
jesse Taylor were next called u the
stand nonghefty was not III the SIT
loon on that day. II developed, and
favlor gave trstimans 10 the effect
that kldWel had called At hia home
late the aame day,
Another wineas was Joseph Me-