Evening Star Newspaper, December 17, 1926, Page 4

2 » R WALSH HIT HEFLI SLAPATHOEHLING 0il Case Judge Defended by Montanan Against Alabama Senator’s Criticism. In a denunciatory speech in the ¥ yon folowing Jittal in the Fall-Do- heny case Senator Heflin, Democrat of Alabama, assafled both the judge and jury in the case, A “few moments later Senator Walsh, Democrat of Montana, who was active in pushing the oil inquiry several years wrose to the defe of Justice Hocl s method of con stice Hoehling, Sen- | he did not know him, that the judge was in wh 1 cabinet member. should not the circumstances.” Judge’s Ch: in his speech Senator Heflin | zed_the judge's charge to the and said he papers have been full of this and the judge did a strange thing when he charged the jury, very strange thing. 1 will read w one of the Washington papers s wbout the jud charge to the jury e Doheny-Fall cas Justice Hoehling in his charge warned the 12 men not to ask the court for any particular piece of evi dence. presented in its entirety and that they should make up their minds on the tace of evidence as they had v heard it.’¢ “That is the first time, so far as know, in the history of Ameri jurisprudence that a judge ever fore stalled a jury in the outset and told them not to’ come back and ask for light or instructions on any particular phase of the testimony. In the hum- blest courts of the Nation, from the justice of the peace to the hi~hest court in the country, the jury has the right, which no judge should deny, to come out of the jury room and walk up to the judge on the bench and If your honor please, we are not on this particul: phase of the The jurors do not agree as you said on this pomt. We for you to tell us just wha say touching this particular phase of the case. “But here the judge closed the door on that. He tells the jury, according to the newspaper, before the case is finally submitted to the jury that he is through with it, that they are to take it, with all the confusional com- plications that the shrewdest and ablest lawyers in the Nation can throw into i nd says, in effect, to them, ‘You stay in there and handle it the best you can. I am through with it. Do not come back to me for instructions.’ Refers to Jury's Singing. The Alabama Senator also referred to published reports that the jury was heard singing on the evening it was locked up to reach a verdict. He said: “I have read the grewsome story of Nero fiddling while Rome burned. This is the first time I ever heard of Jjurors, solemnly charged with a grave and responsible duty, going merrily Givethe - | Judge’s charge. He sald the case had been| and light-heartedly about the consid- eration of a case the outcome of which meant so much to the present and future well-being of the country.” After stating that he did not want | to be understood as criticising the at- titude of Senator Heflin, Senator Walsh declared: : Conduct of Judge Praised. “I feel impelled, however, Mr. Pres- |ident, to say that in my judgment the strictures upon the presiding judge in the trial, Judge Hoehling, are not war- ranted by his conduct of the trial, which T think was characterized by dignity, discernment and impar- | tialit | “I think, perhaps, the Senator from { Alabama would not have been as se- | vere upon the learned judge as he has been if he had read more carefully that portion of the instructions of the | the subject of | judge w | his_eritic | Senator Walsh said he felt sure | Senator Heflin must have referred to | the admonition given to the jury, not with refernce to returning for further instructions concerning the law in the | Iz that specific exhibits be sent to the jury. Senator Walsh added: 2 ire that the Senatol ric- the judge must have arisen n of the following from the He said: ‘One other !matter T feel T should mention to you, and that concerns the exhibits in the case. Under the practices in this jyfis- | diction the physical exhibits in the | case are not permitted by the court | to be taken or to be sent to the jury room, save only upon consent of coun- sel on both sides. But, even then, it is preferable that individual exhibits | be not thus singled out for inspection |in the jury room, if that course asonably can be avolded, and I say that for the reason that, by detaching one exhibit from its associates, its | sceming importance, or lack of im- | portance, may appear out of propor- | tion to the whole picture from which it was taken. As far as it may b reasonably possible for you to do o, the court suggests that you try to reproduce, in your memory, the whole picture and its several component rts. ‘As T stated at the outset, we both @> For each $50 or' fractionbo you agree to de- posit $1 per week in an Account, the proceeds of which may be used to cancel the note when due. Deposits may be made on a weekly, semi- monthly or monthly basis as you prefer. to borrow. Parker Duofold Duetse Over. 1 Junior Size, $8.50, Lady Setthat willlivetobe a Keepsake! Non-Breakable Barrels of Lacquer-t;ed or Jade, Black-tipped—25- Year Pen Point—Over-Size Ink Capacity Just whisper, “Send them Parker Duofold”to wise old Santa Claus, and you’ll do more to make your loved ones happy than a week of worry on a yard-long list of Christmas ideas. When Geo. S. Parker created the Duofold point be overcame rigidity by t gold prongs to yield to a: empering the extrathick ny hand, yet ever retain their original shape, A point guaranteed for 2§ years —not only for mechanical perfection, but for wear/ Today we are making Parker Pen and Pencil barrel of light Non-Breakable“Permanite,” in- stead of rubber. Recen tly an aeroplane pilot dropped the Parker Duofold 3000 feet and could not break it. No amount of money pencil. Brightly arrayed at all good pen counters. can buy a finer pen and for Christmas shoppers The Parker Pen Company, Junesville, Wisconsin Saley and Service Station: Singer Building, New York City OvchdGlu(B.«'itthuhanolalgll(nhshl 2 Packer Over-size Du ofold Pens. have our dutles to perform in our several places; I fill one place, you fill another; but we are both ministers of the law; and now you enter upon the discharge of your final duty.’” After reading this part of the in- structions to the jury, Senator Walsh continued: ! “Judge Hoehling apparently was fol- lowing the practice of the District of Columbia not to send exhibits to the jury, but it will be observed that he did not refuse to do so; nor did he say that he would not send even indi- vidual exhibits to the jury if they re- quested them, but he suggested to them that it perhaps would not be wise for them to ask for single ex- hibits, because that might lead to an) erroneous conclusion. “I feel that in simple justice to! Judge Hoehling, whose conduct of the case, it has seemed to me from the rather limited information I have about the matter, was past all criti- cism, these few words should be said.” When asked today by a representa- tive of The Star whether he had read Tustice Hoehling's charge to the jury before commenting on it in the Senate vesterday afternoon, Senator Heflin said he had “parts” of it which appeared in a Washington newspaper. MAYOR’S VOICE ON RADIO TURNS ON 3,500 LIGHTS By the Associated Press. | ST. LOUIS, December 17.—The im- pulse of Mayor Victor J. Miller's voice, transmitted by telephone to radio sta- tion KDKA at East Pittsburgh, and there re-transmitted by powerful short wave equipment, last night turned on more than 3,500 street lights here. Radio engineeers said it was the first time the feat had been accomplished. Special receiving equipment, ar-| ranged s0 as to actuate extremely sen- | sitive relays, picked up the impulse | and threw into operation a sub-station controlling the lighting system. The sub-station, which is entirely auto- | matic, Is provided with an astronom- ical clock, which will \regulate the turning on and off of the lighting sys- tem, according as the days lengthen and shorten throughout the season. The terms of Morris Plan Loans are simple and practical and fair—it is not necessary to have had an account at this Bank Loans are pass~ ed within a day ortwclr‘nlter ling a cation— wftfl few excep- tions. MORRIS PLAN notes are usually made for 1 year, MORRIS PLAN BANK Under Supervision U. S. Treasury 1408 H Street N. W. ““Character and Earning Power Are the Basis of Credit” Imported Bight- day Weatminster Five-tudular Beil Movement, ren- dering Westmin- ster Chime quor- ter-hourly. 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