Monday, Apr. 06, 1925

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The night train for Chicago puffed out of the Cheyenne station. In Harry F. Sinclair's private car were Martin W. Littleton,* George C. Hoover, other lawyers "of counsel for the defense." They left behind them John W. Lacey, ex-Hoosier, ex-school-teacher, ex-Chief Justice of Wyoming, gallant 76-year-old leader of the Rocky Mountain Bar, also "of counsel for the defense." Next morning's Chicago express puffed Eastward with Owen J. Roberts of Philadelphia, ex-Senator Atlee Pomerene of Ohio, other lawyers "of counsel for the prosecution." The greatest trial in Wyoming history had come to an end--the U. S. Government vs. Harry F. Sinclair and the Mammoth Oil Co. (TIME, Mar. 24, 1924; Mar. 23, 30).

Sometime soon, prosecution and defense will each send to Judge Kennedy their "briefs," elaborate documentations of all they have been saying in his presence. Judge Kennedy, left behind in Cheyenne, will read them until summer is come and perhaps gone. Ultimately, he will declare that Harry F. Sinclair's lease of Teapot Dome is to be (is not to be) cancelled. Whatever he says, the case will be appealed--probably to the U. S. Circuit Court, St. Paul, Minn.

Messrs. Roberts and Pomerene could win their case for the U. S., could effect the cancellation of Sinclair's lease, if they could prove that fraud entered into the making of the lease. Between the time the Senate quit investigating and the time the Cheyenne trial began, these two eminent lawyers picked up one significantly strong scent. They discovered that a U. S. combine had sold 33,333,333 barrels of oil to a Canadian oil company for $1.50 per barrel, that the Canadian company had resold the oil to another U. S. Company for $1.75 per barrel. Then, mysteriously, a man representing the Canadian company drew out $300,000 worth of Liberty Bonds, of which $230,000 worth somehow came into the possession of the famous Mr. Fall and his son-in-law. Harry F. Sinclair was interested in the Canadian company, and also in Teapot Dome, leased by Mr. Fall. A connection?

Of the men directly or indirectly concerned with this monster transaction (gross profits, if the barrels were really sold, of $8,333,333), not one except Sinclair was in the country during the trial. Therefore, they did not testify. Therefore, Messrs. Roberts and Pomerene could definitely prove nothing. (Sinclair refused to testify because he is already under a District of Columbia indictment.)

"Is not the absolute ring of deathlike silence significant?" asked Prosecuting' Attorney Roberts in his summing-up. "The defense is silent as the tomb," said Prosecuting Attorney Pomerene. To which, venerable Defending Attorney Lacey replied by demanding that all evidence concerning the monster deal be stricken from the records because there was nothing to implicate Sinclair with the bond transfer. And Defending Attorney Littleton added later the sneer that, some months ago, the Government "got bond hungry and went bond hunting all over the U. S."

One important man in 'the "ring of silence"--Col. Robert W. Stewart, Chairman of the Standard Oil Co. of Indiana -- arrived in Manhattan from South America on the day after the trial closed. Federal officials missed him. Next day, he was interviewed in Chicago, said he had been to Colombia on a Doheny-Standard Oil merger, did not know he was wanted by Messrs. Roberts and Pomerene.

Another important character--James E. O'Neil, ex-President of the Prairie Oil and Gas Co.--has just redecorated his gorgeous villa on the Riviera, where he will remain indefinitely. His telephone has been disconnected.

*Ninth of 19 children born in a mountain cabin in Tennessee, Mr. Littleton is one of the world's richest lawyers. As a lumber boy, he orated to the echoless forests. As baker's boy, ha read Blackstone. At 19, he became the youngest attorney before the Texas bar. At 24, he persuaded a girl to accompany him to New York as his bride. Banker George F. Peabody got him a job as law clerk at $10 per week. He mounted in Brooklyn politics to Borough President and Congressman. He now defends big cases, makes money, flays socialism, lauds the Constitution,