Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-15
Justice Department Files
Petition Despite Reported
Favorable Endorsement.
OIL MAGNATE AND DAY
BOOKED FOR FULL TIME
Senator Walsh Doubtful Whether
Prisoners Will Be Called as
Fall Trial Witnesses.

The petition for pardon filed by
Harry F. Sinclair, oil magnate, serving
term in the District Jail for jury
shadowing. will not be forwarded to
President Hoover by the Department of
Justice, The Star learned yesterday, and
the oil man and his assistant, Henry
Mason DAY, will serve their full terms
with the exception probably of time
off for good behavior.
1t is understood that the papers will
remain in the files of the Department
of Justice. 1t vas also indicated that
Sinclair's petition for pardon, instead
of being based entirely on his alleged
poor physical condition as the result of
confinement in the Jail, pointed out
that the affairs of the stockholders In
his oil companies we're likely TO suffer
IL he was forced longer to remain away
from active direction.
Two Favored Pardon.
While United States Attorney Leo S.
Rover and District Supreme Court
Justices Gordon and Siddons, to whom
the petition was referred by the De-
partment Of Justice, have declined to
comment on their recommendations, 1t
is understood that two of them were
favorably inclined toward the pardon.
Justice Gordon was United States At
torney when Sinclair and Day were
tried
AS the result of the disinclination of
the White House to intervene, Sinclair
Is expected to remain a prisoner until
the morning of November 81. assuming
that he will receive 80 days of for good
behavior. There is nothing about his
conduct as prisoner to indicate that
he will be denied this time of. Day
will have served his sentence in about
three weeks and it is expected that he
will be released on the morning of
October S, two days before former
Secretary of the Interior Albert B. Fall
goes on trial in the oil scandal.
Information about Sinclair's health
was obtained by the Department of
Justice from Mai. William L. Peake.
superintendent of the jail. and DR..
Sinclair assists as pharmacist. In
confidential report to the Attorney
General. Maj. Peake advised him that
while Sinclair had lost weight-about
Is pounds since May 6, when he was
admitted AS prisoner-f1e was not in
capacitated from his duties. Day ap-
parently has not suffered physically
from confinement.
Auto Rides Are Barred.
On the afternoon of September 3.
Maj. Peake called Sinclair to his Office
to tell him the Board of Public Welfare
had issued instructions that he was to
discontinue sending Sinclair along
with DR.. Hyman in an automobile to
the Occoquan wharves at the foot of
Ninth street, where a clinic had been
r41l 1{-l..
1t was made plain to Sinclair that
while the board did not consider the
duty irregular, it was thought that in
view of the circumstances he should
not be permitted to leave the Jail.
Sinclair heard the superintendent
brief explanation in silence. He ap-
peared not to be surprised. His only
comment. made in three words, sug-
gested an attitude he is said to have
titude. of resignation to the dictates Of
what he and his friends hold to be
prejudiced public opinion.
We'll, I'm in
Term Expires November Fl.
Sinclair entered the Jail on May 6, to
serve sentence of three months for
contempt of the Senate for declining
to answer questions put to him in the
oil investigation. Subsequently his
conviction on charge of jury shadow
ing was upheld and papers committing
him to service of six months we're de-
livered to the jail on June %. The two
sentences ran concurrently and between
June % and August S he was serving
both sentences. With 80 days on for
good behavior, both sentences shal
have been served on November 81.
In all probability, neither Sinclair
nor Day will be called as a witness in
the Fall trial.
Senator Walsh, who conducted the
Senate's investigation into the long.
drawn out controversy, said yesterday
he doubted very much that Sinclair
would be called as a Government wit
ness. Sinclair declined to answer q
question yesterday whether he planned
to remain in Washington after his res
lease.