On Jan. 10, 1923, following his election to the U. S. Senate but before he was sworn in, Burton K. Wheeler accepted $2,000 from one Gordon Campbell, Montana oil man. On Feb. 16, 1923, he accepted $2,000 from Mr. Campbell. Were these fees for services rendered in advancing the Campbell oil interests with the U. S. Department of the Interior? Or were they fees for services rendered in litigation in Montana?
That this question may be answered, Senator Wheeler was, last week, brought to trial in the Federal Court, Great Falls, Mont., before Judge Frank Dietrich.*
No penalty will descend upon Senator Wheeler for having served his client in Montana. But if he appeared before the Department of the Interior on behalf of his client, he can be fined $10,000, or imprisoned for two years, or both.
The Government case was conspicuous for the absence of two witnesses and the presence of one. Neither George Lockwood, former Secretary of the Republican National Committee, nor Blair Coan, sleuth, was present. A year ago Mr. Lockwood sent Mr. Coan to Montana to "get something on Senator Wheeler." The U. S. District Attorney in the present case simply said : "There is no reason to call them."
The District Attorney then produced the Government's "mystery-witness," a Manhattan lawyer who testified that in March, 1923, Senator Wheeler asked him to appear in his (Wheeler's) place before the Department of the Interior.
When the Government had concluded its case, Senator Walsh, counsel for his indicted colleague, said all charges would be disproved.
Miners, ranchers, shopworkers throughout the Northwest followed the case with tense solicitude. A conviction would carry with it not only the penalties of the law, but the blasting of a brilliant career of a radical, fighting politician.
*He was made a Judge in 1907 at the suggestion of Senator Borah. For this reason, Mr. Borah was not expected to appear in defense of Mr. Wheeler.