Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-23
SINCLAIR AND DAY
FLAY INJUSTICE
Former Charges Executive
CIemency Denied Because
of Prejudice.

Harry r. Sinclair, the oil magnate,
and Henry Mason Day, his business as
sociate, both resigned to serve out their
terms as prisoners in the District Jail.
broke their silence yesterday to reassert
their opinion that their imprisonment
Is unjust.
In statement commenting on the
announcement that President Hoover
would not intervene in his case, Sinclair
declared he applied for executive Glenn
ency not because Of i'll health or "busi-
ness interests" but because he had been
imprisoned for doing something that
had not heretofore been prohibited by
statute or rule of court"
observation of as jury only became
contempt OF court when I engaged in
it," he declared. Il am not discouraged"
he commented, because am confident
Of final vindication." His health, he
added, is as good as could be expected
under the circumstances"
In a separate statement, Day said the
basis for his petition for clemency was
that what I did had never been con-
strued to be contempt of court.
considered" he said, that my further
incarceration was not necessary to make
case-more binding. and that my past
life was proof that I was a decent and
useful citizen who had at every oppor-
tunity served his country we'll"
Filed With Affidavits.
Sinclair and Day disclosed that along
with their applications for clemency
former employees of the intelligence
service Of the United States, including
! a former chief of that service" showing
"conclusively that the practice of jury
surveillance was usual practice by
the United States district attorneys
| throughout the country, with the APP
proval of the Attorney General and the
| knowledge Of the judges.
Il purpose" said Sinclair in his state
ment TO secure the publication of these
afidavits'
The rules in reference to applica-
lions for executive clemency require
that the applicati ton be submitted to the
President when accompanied by the
recommendation for clemency by the
Judge who heard the case and the dis
trict attorney who prosecuted it." Sin
clair said. las the application did go
to the President, 1T is evident that the
recommendation from some of the Of
ficials OF the court wherein the alleged
contempt was committed were favor
able. The Attorney General has seen
At to make public his recommendations.
Welcomes Full Publicity.
"In all fairness" Sinclair asked "why
should not all the recommendations
and reports be made public? should
welcome the publication of the entire
record"
Statements made by Attorney Gen.
eral Mitchell in his report to the Pres
ident against clemency drew vigorous
retort from Sinclair. Reiterating his
denial Of any sinister or corrupt motive
in employing detectives to shadow the
| Fall-Sinclair conspiracy trial. the
oil magnate declared that Gin effect the
statement of the Attorney General can
| be summed up to mean that I should
remain in jail because was acquitted
| Of an alleged offense for which he feels
I should have been convicted"
Sinclair and Day expressed gratitude
to countless friends" who interested
clemency. Il am certain" said Sin
clair. that they will join with me IN
the feeling I have that vindication will
come with time and a realization Of
all the facts. Malice, prejudice and
vindictiVeneSS apparently must be al
lowed to exhaust themselves before
| truth can secure an impartial hearing"
Lay expressed tIle same sentiment.
| The faith of his friends and my own
! consciousness or innocence of wrong
| doing enable me to endure what I
believe to be unjust imprisonment with
! the courage CT a clear conscience"
! With allowances for time of for good
! behavior, and Maj William L. Peake,
| superintendent of the District Jail. says
| both are model prisoners" Sinclair
will be released on November %, and
| Day, who was sentenced to serve four
/ months for employing the detectives in
behalf of his chief, will be released
several weeks earlier.