Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-03

Of the lower court was approved, Jus
ttce McReynolds explained this would
apply to all except the elder Burns. He
said the evidence failed to show Burns
had done anything to place him In con-
tempt of the trial court and that the
15-day sentence imposed on him would
be set aside.
we think the trial Judge rightly
held it unnecessary to allege or show
actual contact between an operative of
the detective agency and juror or
that any juror had knowledge of being
observed. The reasonable tendency of
the act done Is the proper criterion.
Neither actual effect produced upon
the jurors mind nor his consciousness
Of extraneous influence was an essen
tial element Of the offense.
Acts Held Bar to Justice.
THAT the acts here disclosed, and
for which three of the appellants we're
certainly responsible, tended to obstluct
the honest and fair administration of
Justice we cannot doubt. The jury is
an essential Observation-Disclosures ap-
pendage-of the court, the body or
dained to pass upon guilt or innocence
Exercise of calm and informed judg
ment by its members Is essential to
proper enforcement Of law"
While Sinclair and Albert B. Fall,
former Secretary Of the Interior, we're
facing trial on charges of conspiracy
in connection with the leasing of the
Wyoming oil field to the oil operator
the case was suddenly terminated and
the jury was discharged.
Sinclair subsequently wss sentenced
to 8 months in Jail for contempt
pArFU 10 Nf hi fae
received a sentence of 4 months. Will
liam j. Burns was ordered to serve is
days and w. Sherman Burns, hts son,
was fined $1,000.
1t was charged that Burns detec-
tives had improperly Scrutinized the
jurors who were considering the case.
Sinclair now is serving three month
sentence In the District of Columbia Jail
for contempt Of the Senate. He re-
fused to answer questions before the
Senate oil committee In connection with
the oil investigation.
Trial Began In 1927.
The trial of Sinclair and Fall for con.
spiracy to defraud the United States in
connection with the Teapot Dome leases
began october 18, 1927. A fury was
sworn and because of the Importance of
the case its members were not allowed
70 go 10 tneT MONIES during the trial,
but were cared for by the court, I'm
medietely after adjournment of court
the first day of the trial the activities
which resulted in the prosecution of
Sinclair for contempt we're started.
On the basis of these activities Sin
clair, Mason Day, his assistant: William
j. Burns and w. Sherman Burns later
were charged with tampering with the
Jury by instituting system of espion-
age, or jury shadowing.
Testimony at the trial of the con-
tempt charge was that Sinclair and Dav
arranged with the Burns Detective
Agency to have about is of its op-
eratives follow the jurors constantly
The system of espionage was described
as elaborate and complicated. Private
detectives were called to Washington
from New York, Philadelphia and Bal
timore and were designated by numbers
and letters. They submitted daily re-
ports covering the activities of each
juror, and on the character, financial
standing, associations church affilia-
tons and other facts concerning sew
eral of them.
After the first week Of the oil trial
the detectives concentrated on three Of
the jurors. Edward j. Kidwell. John p.
Kern and Norman L. Glascock, by name
and seven Of the detectives confined
their attentions to these men.
Kidwell Was to Get Car.
Kidwell was the juror who figured
prominently as having said that he ex-