Fizzle
It didn't cost much--the show staged by the Department of Justice, initiated by Harry M. Daugherty, as U. S. Attorney General, a year ago --only about $100,000, or less than the income tax paid by many a citizen of a country which can afford diversion. But it was a bad show. The "crook" failed to do his stuff. The hero's friends looked dilapidated. The audience was not permitted to hiss the hero because that role was played by the U.S.
The last act disclosed Burton K. Wheeler, villain, in the witness box in the Federal District Court of Montana, about to give testimony in his own defense. The U. S. had charged him with the shameful crime of prostituting his influence as a U.S. Senator. He, said the U. S., accepted money for appearing before the Department of the Interior on behalf of an oil man. On the previous day, the U. S. had produced a "star-mystery" witness, a Manhattan lawyer (George B. Hayes) who had sworn he met Air. Wheeler in the Peacock Alley of the Waldorf-Astoria on Mar. 16, 1923, and was invited to help Air. Wheeler in the oil business, to share in "millions" as reward (TIME, Apr. 27).
Senator Walsh, counsel for the accused, addressed Mr. Wheeler:
"Did you ever discuss with Hayes (mystery-witness) the affairs of Gordon Campbell (oil man)?"
"Never, at any time in my life."
"Now, I want you to tell this jury how you spent the day of Mar. 16, 1923."
"I had decided some days prior to this to go to Europe and had wired Airs. Wheeler, who was in Butte, to join me in New York. She arrived in the morning of the 16th.
"It was necessary for her to do a lot of shopping; and I was with her the entire day. . . .
"Returning to the Waldorf, we dressed and at about 6:30 went in a taxicab to the home of Mrs. Griswold, where we dined.
"Others at the dinner were Colonel and Mrs. Edward M. House, Mrs. Harriman and a Colonel Stone of the Army. . . . Following dinner, we attended the opera with the same party. Colonel House and I remained long enough for Colonel House to write some letters of introduction for me, after which we joined the others at the opera."
(Next day Mr. Wheeler left for Europe.)
The U.S. attorney cross-examined the accused.
"What do you know about Peacock Alley in the Waldorf?"
"I never heard of it until the witness Hayes mentioned it the other day."
The U.S. attorney held in his hand a guilty-looking letter. Said he: "I desire to read only a paragraph."
"No, you will read it all," snapped Senator Walsh.
"I won't. You can if you want to."
The Judge commanded the U.S. attorney to read the entire letter and, as such, it was a dud. Mr. Wheeler left the stand, patronizingly patted the U. S. lawyer on the back.
Senator Walsh summed up the defense: "The evidence such as the Government has introduced in this case would not be used to condemn a streetwalker or a jailbird. . . . As for this man, Hayes, his testimony is either perjury or a pipe dream. . . . He admitted that he knows nothing about land laws, that he has no knowledge of practice before the Interior Department and, this being true, he would have you believe that Mr. Wheeler made to him, a total stranger, the astounding proposition that he represent him, Wheeler, in land cases then pending before the Department of the Interior, and that Air. Wheeler, to this total stranger, in the Waldorf lobby, offered half of his fee, disclosed to this total stranger the facts of an agreement, so Hayes says, that was criminal in nature if it was entered into."
And Mr. Walsh's assistant concluded:
"They went to the foul atmosphere of New York for this man Hayes. I wonder if they think they can pick up a bird like that in New York and expect us out here to believe him."
Out went the jury. It deliberated a total of ten minutes, and brought back: "Not Guilty."
But it was not the end, for Mr. Wheeler was also indicted by a Grand Jury in the District of Columbia.* The present Attorney General had the alternative of proceeding with the trial or asking the Court to quash the indictment and pray the public to forget it. He could not refund the price of admission.