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The Judge. Short shrift to irrelevancies and oily oratory featured Justice Jennings Bailey's conduct of the trial. Persons who believed Sinclair was guilty, predicted short shrift for Sinclair, because brisk, efficient Justice Bailey had examined the talesmen himself, and locked up the jury.
In charging the jury, Justice Bailey was careful to indicate the difference between bribery, for which Sinclair was not indicted, and conspiracy, which must be proved absolutely and not deduced from a preponderance of evidence.
The Jury. The three grocers, steamfitter, repair man, auto salesman, two clerks, merchant, expressman, broker and railroad agent who sat in judgment on Oilman Sinclair stayed out of the courtroom less than two hours. After they had said "not guilty" and been dismissed they told incredulous newsgatherers:
That not one vote for "guilty" was cast.
That in the light of the Government's unpresented evidence of which the newsgatherers told them they "might have felt differently."
That though all could and did read newspapers, the jurors had not heard of the supreme court's condemnation of the Sinclair lease and of Secretary Fall.
That a more telling argument than any had been Lawyer Littleton's to the effect that a man like Sinclair, if he were going in for a conspiracy, would not have stopped at the trifling cost of $304,000; and Fall, if he were selling Teapot Dome, could easily have gotten more than a quartermillion.
Juror Kenneth Carter summarized his belief in Sinclair's innocence as follows:
"I don't believe Sinclair was guilty of the charge. I don't believe he agreed to pay Fall anything before he got the lease. It may be that after Sinclair did get the lease, Fall got some money from him by the argument that he had favored Sinclair with the lease."
The Scene. In his last harangue to the jury, Lawyer Littleton quoted Shakespeare on the subject of "a good name" until he even made Oilman Sinclair snuffle and dab his eyes. Sinclair grasped Lawyer Littleton's plump hand when he sat down. Sinclair's wife and mother sobbed softly. When the jury returned from its deliberations, Sinclair stood up. Littleton remained seated. The Sinclair ladies had withdrawn to a corridor.
When the jury-foreman mumbled two words instead of one, Sinclair's strained face burst into a grin. He pumped his counsel's arms.
The Government lawyers looked dumfounded. The courtroom crowd was silent except for some one who said something about "millionaires."
Comment. Afterwards, everyone connected with the defense said they were "gratified," and they hastened to add "not surprised."
Lawyer Littleton said: "Let persecution cease."
Senator Nye said: "This is emphatic evidence that you can't convict a million dollars in the U. S. under the order that now prevails. The Supreme Court has got the number of this whole gang, and in the minds of the American people, Sinclair stands convicted."
Senator Borah said: "I guess I'll have to look over the Supreme Court decision again."