Evening Star Newspaper, December 15, 1926, Page 5

HOEHLING CHARGES OIL JURY ARGUMENTS BITTER AT CLOSE (Continued. from Fourth Page.) | £ present trial will serve merely as the | first big round of since the defense would move imme- | alately to appeal to the higher courts. | In that eyent a fight the way to | the United States Supreme Court would be the nim. | For the defendant Fall, however, | an acquittal in this case means only | V" temporary respite from criminal | prosecution. He is soon to stand Dral with Harrs F. Sinclalr on_a tonspiracy charze in _Criminal DI lalom T of the District Supreme Court I connection with the Teapot Dome lease. Crowd-on Hand Today. rt réconvened morning, for trial, which ince Novembel crowd was in aitend- anee to hear Mr. Hogan, chief coun- | sel for Doheny, conclude his argument ior the delense. the line of his argument where he off last night, M Hogan de he Government’s oil policy had been | ictly adhered to and una’ ered by Fall until November 2, when t was changed at the ord Secre- | tary of the Navy Denb: 2 Mr. Hogan launched into a discus- sion of the preferential right clause of | the December 12, 1922, lease and con- tract, which the Government stresses | as onme of its most important facts in | charging a conspiracy between the two defendants. The defen declared that Doheny the preferential right during the | \egotiations, adding that “it was horn in the legal mind of J. J. Cotter, was one af the attorneys for the American Co. in conducting the ne- gotiations. “If that was Hogan said refel to e p n tial right, “it conspiracy in which some one else entered besides Fall or Doheny.” He declared it was not the prefer- ential right that gave the Pan-Amer- fcan Co. the lease of December 11; “it was the war plans of the Navy th the approval of Denby, and the ntract that gave that lease,” he declared. Emphasized Point Again. When 0 o'clock this stage of the in progress unusuaily L t| heard of a conspira ring ain emphasized this referred to Govern- to the pref- ying: “We Mr. Hogan aj point when he ment counsel’s referen erential right clause by s )t it out of the Navy war plan. The defense attorney referred sar- castically to Mr. Roberts’ reference to Doheny obtaining a “principality” a% a resuit of the December 11 lease. fle said it was correct to presume that Doheny anticipated a profit of $100,000,000 upon a heavy investment extended over a period of 30 to 40 years. He declared, however, that Mr. Roberts had tried to deliberately con- Vey the impression to the jury that Doheny personally was to make the profit when in reality it was the company. "Pickipg up the indictment charg ing the two defendants with con- spiracy, Mr. Hogan read from it to show that numerous other oil compa- nies were competent and desirous of obtaining leases of the oil reserves. When a number of these officials were called as witnesses, Mr. Hogan declared, not one of them would testi- fy that he would be interested in the lease on the terms given. Mr. Hogan also attacked Roberts’ eriticlsm of the failure of the de- fense to put Cotter on the witness stand, Lawyer as Witness. “Did you ever see 3 lawyer called as a witness in his own triai?" asked Hogan. . One of the things taught at law schools, he declared, was that if «n attorney can prove a fact by any other witness he should nev3r call a lawyer to the stand. Decent prac- tice of law requires this, he de- clared. Pointing out that Cotter was in the employ of the Pan-American Ceo. in its legal department, Mr. Hogan said that if the defcnse bad called him as a witness in this case Government- counsel would have told the jury that they were simply get- ting” testimony from a highly paid agent of the company. Praising the integrity of Cotter, the defense attorney, turned to the jury and sald, “You can’t traduce that boy in the home of his birth.” Never, at any time, has Couler's reputation been assailed, he add~d. “Can you believe he crookel he asked the jury. d, can they win cases by that sort of thing? 1 take the responsibility for aot call- ing him_for a witness, said Mr. Hogan. You know he is an attorney for the Pan-American Co. in its legal department and hecause there was so much law involvel in these negotjations he was called into them.” Mr. Hogan declared that if the Gov- ernment wanted Cotter called as a witness they could have done so. “Records show he was served with three subpoenas by the Government and came into this court in answer to subpoenas, yet the Government did not call him on the stand,” declared Hogan. They did not do so for the same reasons as the defense, he add- vd, because they knew all the facts he could tell were in the records. Robison Is Defended. Before closing his argument Mr. Hogan attacked Roberts again for his criticism of Capt. J. K. Robison as a man “who deliberately deceived his chief and lied on the witness stand.” He also came to the defen: of Dr. H. Foster Bain, former direc- tor of the Bureau of Mines, declaring the defense witness had served hon- orably under three Presidents. For- vy of the Navy Denby by Mr. Hogan in de- ainst characterizations by the Government counsel “Whatever vou may think about Denby’s forgetfuine he told the ! jury,” “you must consider his man- hood. Denby recognized that the: leases were full of dynamite, but when iction was required he gave the or- ders, and like a man he came into irtroom and took the respon- ining_that while he w: ¥ for Doheny in this c irapr on the s speaking for Fall as With much feeling he d : pr ssed well ribed the secting duays of Doheny and friendship of the fendants, adding: “The difficulties of the last few years have only served to bind their friendship closer to- gether."” Doheny’s Character Praised. ouncing efforts of Mr. Robert: roy the character of Doheny Hogan told the jury that they | nad heard Jew: nechanics com fying to Doheny's reputatior While taxation and perhaps ad- versity might sweep away Doheny’s wealth at some time, the defense at- torney sald, “his good name and his “Catholic, Protestant pas- long legal fight, | & two de- | nd Gentiles, bankers and | here to join in testi- | tic appeal for a verdict of not guilty to a close. Mr. Thompson began his ar; th the declaration ths f f legal taleni heve, I Western lawyer e 0 years he had been W that his home was ar home for him and his child he added, look upon “that tleman as one of th Asserting that he argument entir Fall, Thompson *“Would that the you power Albert B. Fall sufficient.” He then nation of land holding to get Harris 1l the m the said for “all’ thes They on rown i would to the eloquer od God deel would ired ive detail 1in A zood ne ghbor in plice mily, whi w wrote to Ned M him_ to buy ) said. “but Ned-could not do however, gave Mr. Fall told him before telephone. was puttir telephone hecks and burden e friend, My MeKi ¥ oW tany lo mher old fric Doheny. That money wa& the clea st money that ever passed from one hand to anothe; El Paso tran: h th: was imposs he nd Transaction. Th wh co wetion in El Paso during ranch passed into Fall's trol t was discussed by Thomp- on, who added: Was it a dirty In the Fali of de: wasn't.” 1923 the former In terior Secretary was called u a report to the Senate com mittee. He had made it in 1 Thompson explained, but it laid t until the political campaign was and they sought polisical fon. “They waited until Harding and then they discovered wh man in New Mexico knew years—that Fall had _bou, Harris ranth. When Fall came to Washington he had it in his heart to tell the whole story to the com- mittee. He goes to New York and here’s where the tragedy of the whole thing occurs, the note was destroyed; the note which was the only chance to clear him' of suspicion. Only part of the note could be found. Fall realized that that magnificent reputa- tion built up on 40 3 of public service would be tossed to the politi v Walsh, that a “Then was born hi: tect his friend, Doheny. said ‘go and tell the truth only instilled a firmer des tect him. So he went Lean. Thank God for Ned McLean His name will stand in New Mexico forever as the emblem of friendship! Proud of Fall’s Course. “Did Fall lie? Of course he and every red-blooded man in New Mexico is proud of him. This is the culmination of my 20 years of friend- ship and it is my privilege to tell you I am proud of Albert B. Fall for that action.” Mr. Lambert then began his address to the jury. “The day before yester- day and part of yesterday morning he said, “you were treated to one of the most capable and magnetic pres. entations of a case ever known in this court. It was fully equal in every respect to all traditions of the celebrated Philadelphia lawyer. I sat here during the course of this trial and saw evidence flow in between the eylinders as pure and conclusive m at every for two ht the desire to pro- But Doheny but this to pro- Ned Me. lied ument nt gen- | cashed to am- | died | NG 1 |the snow. But under the magic | touch of my distinguished opponent I sat here and saw some of that evi- dence acfually taken out and smirched suggestion of criminalty. I think it was possible for any living to so change it. When Al these happenings 1 thought = as Owen Roberts i | betoved Houdini will never die.” Lambert said Roberts stated that 1e had to bring C. C. Chase all the way from New Mexico and had to put m on the stand, “to crucify his hernitay , prove a loan had He declaréd that when the stand he had the rec- loan had been made all's Assets Reviewed. Fall was the owner of more than $100,000 1 that ke had an income a member the Pre 1t’s cabinet in is hand and that Texas banker said N hed imited credit at Ume” My, Hogan suggested audibly He fud some ehecks,” and Mr. Lam yert tc1d the jury that he had $100.000 ks also ‘which were good on District of Colum red the Govern- which had heen court and which Mr erday. to the effect ny must be stricker here is a conclusive con Lould apply to witne: also de THE EV | dian't | man I saw heen made Chase ook ord showin: You L ranch know worth a k in the ba Lambert dec ment's prayer rted by herts read y all testin whire tradiction 18 well ¢ Lambe rving to him n on u ended Cotter, refer andsome, brown. reiterated Hogan's Cotter was in court pre tion of e rnment th: th i am awfully glad, my brothe that prayer ye beware of infe & medium of the ingenuity It should apply to the ances of ingenuity which I exposed.” d he would not read prayers granted by the vernment, but Justice Hoehling in Gpted and told him he could if | he wanted to. uted | ou hrof to rence drawn I Lambe | defen Makes Justice Small. But Lambert, continuing to talk to the jury, insisted he could not read them in the manner that “his honor can” and therefore he would not at- tempt to do so. This brought a braad smile from Justice Hoehling. “You must find,” he said, by way of briefly summing up or interpreting the prayer, “that in the early part of 1921 Fall and Doheny ‘met together and agreed that Fall would prostitute his office in_the Government and bar- ter that which he had no right to barter. Your first step must be your conclusion that there was a_corrupt igreement, When you enter the room and say to yourselves that ‘we cannot find any evidence of corrupt agree- ment,’ then it is your duty to come right back with an acquittal.” As to a conspiracy, Lambert said, “there isn't any evidence in this case from start to finish to show a con- spiracy except that which is based on circumstantial evidence.” In April, 1922, Senator La Follette | ot through his’ resolution of investi- | gation, Mr. Lambert pointed out. “In response to this resolution Fall sent all the papers to President Harding, and Mr. Harding put the stamp of his approval on every step taken.” he sald. Fall Waited to Testif. He explained that Fall stayed in Washington all Summer to help the senate committee. “And not until Oc- tober, 1923, when he had resigned from the cabinet,” said Lambert, “did his political traducers say, ¢Now the coast is clear, we'll drive him to the wall.’” Like Mr. Hogan, the attorney ended his argument with a staunch defense of Secretary Denby and the two de- fendants. He told the jury not to for- the | hat | lawyers | sub- | continued Lag- | oberts pre- | asking | STAR, WASHINGTON, D. get that Denby fought in two wars, that he did not go into a training { camp or use his influence to get a commission. “As a young man he went with his father, then United States Minister to China, and there in the Orient he be- situation he said. “So when he went to the Navy coun- cils he knew these things at first hand. He knew of the emergency which led Robison to make his appeal to Dohen; hich Do heny it Mr. of Do- wonderful piece of pa triotism,” adding: "I know every one | of you jurymen would be glad to emu- te him." Then he undertook to d: ‘haracter, describing him who had “read law by light,” and nad “joined Roosevelt at San Juan, himself with credit. Referring to his Federal judge in Ne! inter success, Mr. 1 the jur All of you woul proud to walk in his footste vou are not true Americans.” Efforts to Aid New Mexico. Then the attorney told of Fall's ef: | forts to secure statehood for New | | Mexico and declared that he w aced in the Senate by those who sw him best. He lauded Fall's war | record in the Senate, declaring that | | during those days he was helping all| [ e could to “pilot the destiny of our | troops ‘over there’.” “He had only se third term when he k -arried end s a the candle Theodore acquitting arly career as a | mbert turned to | ved two ye was lit into the cz | of the jury to the $100,000 loan. “You have heard in the evidence that he could have gotten this loan | from Mr. McLean, or from El Paso, or he could have borrowed it on his ranch,” said Mr. Lambert. “You have heard from Mr. Doheny how he told Fali he would be glad to help him, as Fall had helped him 40 years before, when he was more prosper- ous and when Doheny was a poor prospector digging with a pick and shovel.” Lambert pointed out that Fall had not asked Doheny first for a loan, but had appealed to him only after he had severed his connection with the oil situation and had turned it over to the Navy Department. Not until then, he said, did Fall call up Doheny to say that he was going ‘West’ and’ might need the cash and asked Mr. Doheny if he were of the same opinion still about making him the loan. Referred Aides to Navy. “Was that a nefarious transaction or was it a legitimate, innocent loan?" asked Tambert. “If it is sus- ceptible of an innocent conclusion it is your duty to drop it,” Lambert declared. Passing from that, Lam- bert declared that Fall was not in ‘Washington during the negotiations prior to the December 11 contract. “In_response to all the wires sent to him his only answer was ‘Move no step in consideration of Doheny without instructions from the Navy!’” Mr. Lambert minimized the value of the preferential right clause, de- claring that it meant nothing more or less than that the company should obtain leases at some future time when the cretary of the Intel should open up the naval reserves. That Secretary of th@ Interior did not mean Fali, he declared, because Fall was going out of office. Then turning to the jury 3. Lambert said feelingly: “Think of the miner Fall, the warrior Fall, the judge Fall, the Senator Fall, the Fall Wwho was a member of the cabinet, jco and his | g | indic and then come back into this court- room and through your foreman h d C.; 0il Case in Nutshell From Beginning in 1921 to Trial Here , 1921—President Harding trans- ryes from the Navy - Interior Department. November, 1921—Edward L. Do- heny sent §100,000 to Interior Secre- Albert BB Fall. 2—Doheny’s Pan-Amer- troleum and Transport Co. ded the Pearl Harbor ofl carrying a clause giving it ential rights” on future leases in the Elk Hills oi December, American Co. was of the Klk Hills reserve. March, 19 1 resigned as Sec- retary of Inter . ~Doheny told the oil ommittee he advanced Fall s private log February, 1924—Secref snby. who with F ¢ of Navy , had approved resigned from the cabinet. 1925—Fall and Doheny were ted for criminal conspiracy in the District of Columbia May, 192 Court in Angeles invalidated Elk Hills lease, a decision subsequently affirmed by the Court of Appeals, and now on appeal in the ipreme Cour November 1926—Trial of Fall and Doheny ‘began in Washington. Los o up your hand to stop this avalanche of ealumny.” i Pausing here, the attorney told the jury: “As an American jury, as Am n citizens, you will return a verdict of not guilty. Pomerene Begins Closing. Pomerene began his clos- ument With these words: “When this reserve was set aside it was set aside for the use of the Navy until the should otherw direct. Probably there are 32,000 acres in it. Let me say that it was set aside not as so much oil at $1.00 or $1.50 per barrel but oil for your Navy and mine. There have heen various estimates as Senator to the amount of that oil, one figure at 100,000,000 barrels and another at 250,000,000 barrels. It was known oil territory. “And in secret that oil is now not the Naval reserves, it is Doheny's oil preserve. And all of this accomplished in secret.” The former Ohio Senator then an- nounced that he would make a few argu- observations with regard to ments presented by defense counsel. “Judging from the argument made Hogan T have almost come to Roberts by Mr. conclusion that Owen J. is on trial instead of Doheny and Fall. 1 want to s: the record Washington, no 1 record of Roberts in Philadelphia. Drafted For This Service. “We were drafted for this service. We came here to do our duty and we intend to do it come what may. Our fault seems. to be that we don’t follow the idea of Mr. Hogan as to how we should conduct the case. It is not fair that he should say that Gevernment counsel suppressed the evidence. That is not true. We presented this case as lawyers ought to present it, al- though it may be that others could present it better. N “More than that, on the Saturday before this trial began the defense served us with a list of documents they wanted. It wasn't our duty to present them. They had the power of getting them. “Not until my friend Hogan men- tioned it did I hear a word come from Mr. Roberts abusive of Mrs, Doheny. Why, we didn't even cross-examine There were only three matters of my friend Hogan in WEDNESDAY, DECEMBER 15, President or the Congress that as honorable as is s honorable is the 1926. - — to where Doheny was from time to time; another was that Doheny had made a statement to her of the fac that he was going to make a loan to | Fall and she merely recited what her ihusband told her. i “This is not the first time where a [ case has been tried that an effort has | been made to hide the defendant be- hind petticoats Senate Inquiry Defended. “Mr. Hogan complains about the ;Senate committee saying it was after scandal and not fa But it is his United States Government is deprived | of its reserves and Fall, a trusted offi- ‘ter of the Government, got $100,000— «d_between Fall and Doheny Mr. Hogan tells you that is hody's business but Fall's and neny Let me ask you | American citizens if it is? When g, i business transaction betw N an impecunious officer of the Government #nd a very rich man oceurs, ought | that officer to preserve the property of | the United States? When tran: tions of this kind are brought ab they are not on the sunlight; they are! in_the dark. | Mr. Pomerene then produced a Harding letter to the Senate commit- | tee and read that Fall's report *4s| not to be construed as a defense” of the policy, and also that the entire plan of handling the reserves had the Executive’s entire approval : “Approving what?” asked Mr.| Pomerene, “Is any man in this jury box going to say that Harding ap- proved a thing he did not know | about? Is there any evidence before | you to prove he knew about the| $100,000 his cabinet minister borrowed | from Doheny? Did he know that Do- heny would hboast of a $100,000,000 profit? 1 is Tribute to HardIng. “Warren G. Harding was my per-| sonal frlend and I deeply regret that they have desecrated his tomb by bringing forth his shroud to cover up | the infamy of this transaction. Warren | G. Harding, if he could be called from | the Great Beyond I could see the ! pained expression upon his face when | he learned what was done. No! No!| I resent the imputation. If Warren G. Harding appeared in his spirit right here the defendants would fall dead with fright after making such a suggestion as that.” Mr. Pomerene then took up the question of bidding which Mr. Hogan had refererd to and reviewed the Gov- | ernment evidence in this resfect. He | reiterated also M. Roberts’ attack on | the defense for not praducing Mr. Cotter, and then took up the corre- spondence between Fall and Doheny | which the Government relies upon to form the basis for the conspiracy in | obtaining the contracts. Mr. Pom- ! erene wanted to know why Fall con-| fided in Doheny, “of all the people in the United States,” about the royalty | ofl and tank storage plans. Denby, he reiterated, had nothing to do with the leasing activities, as | coples and records were to be sent to | the Navy only for file, Mr. Pomerene | declared. “Denby was afraid of oil because | there was dynamite in it,”” the prose- | cutor declared. “If this brave soldier, this true naval officer, was afraid, he ought not to have been afraid to have the courage to surrender his port- folio to some one not afraid. 1 tell you this work was done by Fall's subordinates, on the part of the Gov- ernment and on the part of the Pan- American it was done by Doheny's subordinates. There {s but one ! master mind on the part of the Gov- | ernment in this transaction and that was_Fall; there is but one master mind on behalf of the Pan-American Co., and that was Doheny. Yet he shington’s Clhiristmas Store for (Den Pin Seal Wallet—$5, others of various leathers, some from England. Priced $2.5(0 to $10. Bridge Set—$6— Soft leather with fastener, two packs of cards, bridge score and pencil. Traveling Set—$6— Suede leather, contain- ing two extension coat hangers and brush. | Gifts of Leather—Are Gifts Long Remembered . This Christmas and next and for many more, the Gift of Leather will be a continuous reminder of Thoughtful Giving. Such gifts are doubly welcome when be; standard value. 125 Cowhide Bag—$25— A very fine bag of gen- uine cowhide, extra qual- ity, several shades, extra Men’s Fitted Bag— §35, of genuine walrus, black or brown, extra deep, with complete assortment of toilet articles. Zipper Bag—$15—The golfer would appreciate this easily handled bag with the patent slide fastener and lock. Special! Bags an Suit Cases, Priced $9.75 aring the P.-B. label of Ladies’ Fitted Case— $30 — Cobra grained cowhide, black or brown. Beautifully finished and complete with trayful of toiletries. Ladies’ Hat Box— $12.75 — Most attrac- tively lined. Patent leather with cowhide trimmings. Others from $5 to $25. Genuine cowhide bags—I8-inch size and suit cases _Auto Robes—all wool — imported and domestic, priced $6.50 to $25. English Kit Bag—$25—Of tan 24-26 inches. russet, cordovan. A special group of bags really worth much more. Choice of several shades—black, tan, All leather goods electrically stamped with ine itials gratis. Gladstone Bags—$25. Traveling Toilet Set —$10 —And a man need not be an habit- ual traveler to appre- ciate this set. Others from $5 to $25. Another gift of leather sure to be apprecia- ted. Soft Collar fold, Brief Case—$7.75— Choice of cordovan, black and tan, three compartments, brass hardware. Others $375 to $15. Solid twelve | the 1 Fall, with the $100.000 in went Wh Ac- | this wa ut | pl ‘brought out; one was a statement as | tries to unload this thing on Cotter.” | El Paso? Testimony shows that $10,000 Mr. trunsmitting dential jetter of Novembs to Cotter over the estimat E. C. Finney of the Declaring were changed, did the co sight of 50,000,040 barrels of oil serve. tory now that, as a result of that in-| :.',r,m,,“,‘, vestigation whereby it seems that the | joyce “On terious t-ansaction oceurred,” he s ‘whatever may be the result at vour 1,‘,|::,n‘\ Pt b LR GG hands there can be no question of the | ed about this fimpropriety of the relations that ex- |y Pomerene condemned Fall for paid down in cash and the Ba! iroheny’s alled confi- | ance kept in Mr. Chase's office.’” .. 28, 1921, Failure of Fall to obtain legal ontn at the latter could talk | fon on the contract work was scored intelligently with | by Pomerene, who declared that asy the Assistant Secretary | plain business man would zet wes T | ture into such a transactiem withou that specifications | first finding out whether it wa the only that had been| “When Bain was _in Californiu merene said, “Never once | Pomere said, “He was a good deal stous eves of Doheny lose | disturbed; ers told him the thing one barrel of the probable | was illegal, so he wrote to Fall and in that re [.-iug;:i's(wl that he get an opinion from lose sight | the Attorney General.” which his| Pomerene stressed that Bain gave of that|this letter to Hunter to deliver Doheny and that the oil magnate had s- | declared he needed no help. id. | reat Scott!” With the millions at | his demand he had poor Bain so soll itous about him that he was wri to Fall to say for Doheny so t “nt the thing And never did he 100,000,000 profit could make out the vember 30 another 1 it the other. They had talk loan beforehand. Fall he will take it now—but send it h, send it in cash." sn't it almost make you ween! lomerene whispered these | asked Pomerene. ds leining within a few inches of | Prudence and common honest juryen in the front seat. Pom-|would suggest that bosh sides obt then related how on December | legal adv: Pomerene pointed bills. | Then he s Did you he: . “and word some |say, ‘I am afraid the United to meet him there.” | will get into trouble. although t fomes of the statement that | was an official of the Government vas® to be a transaction taking| Turning to the jury, Mr. Pomer ce in the where he would | declared: “Whatever conclusion sked Pomerene. | be drawn, this whole thing put in the bank ceived in fraud and born in ini D.J. Kaufmani 1724 Pa. Ave. 1005 Pa. Ave. CHARGE ACCOUNTS INVITED got h con Hity. GIFTS MEN LIKE! 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Ottiesan 15540, cowhide—russet or tan shades, 24-inch size. Others $15 to $60. BAKNOWN ST fine reputation come with him into this court and stand as a &hield im- penetrable in this hour of nced against the attacks of his enemies. | “Can you, men of the jury, believe in your heart that such a'man can be suilty of such a crime as charged! here?” Mr. Hogan asked. i “Before sunset today I ask vou to| send these two defendants back t l The Avenue at Ninth ORE: VA m A A AvVA A S A AUS & Aa A me & e s e siam ave D. J. Kaufman 1005 . 1724 Pa. Ave. Pa. Ave. Inc. thelr homes and to their dependents. Alr, Hogan then brought his drama. .