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DOHENY HONEST, DEFENSE PLEAAS | GOV, SAYS ‘FRAUD" | (Continued from First Page) | ginning his instructions to the jury, outlining the points of law on which it will be determined whether the | oil magnate and the then interior | secretary violated the conspiracy | statute when Doheny sent Fall $100,- | 000 before the Doheny companies | were aw.rded leases to government oil land. Defense Calls It Clean The defense told the 12 men in | the jury box that the $100,000 was a private loan. Mark B. Thomp- | son, personal attorney for Fall, said it was “the cleanest money that ever passed from one man's hand to an- other.” Speaking also for the for- | mer secretary, Wilton J. Lambert accused government counsel of dis- torting the facts after the best man- ner of Houdinl. Frank J. Hogan, chief of the Doheny attorneys, ask- ed that the two defendants be re- turned to their home and families “by sundown tonight.” | Former Senator Atlee Pomerene, replying for the prosecution, sald | the $100,000 transaction and the leasing negotiations alike had been deliberately surrounded with secrecy in furtherance of a plot by ‘“two master minds.” Fraud, Says Pomerene *The whole thing,” said Pomerene, *“was concelved In fraud and born of iniquity.” The former ~ .o senator moned all his theatricalism for his peroration, and read to the jury in conclusion a verse of poetry praying for protection against the under- mining of public iustitutions “by the gnawing worm of fraud.” As he finished, Doheny drew a colored ‘handkerchief from his pocket and wiped his eyes. Tears also sparkled in the eyes of Mrs. Fall and her daughter as they left the courtroom. The Defense Closes. In addressing the jury, Hogan spoke for both Fall and Doheny, his assoclate in the defemse, Wilton | Lambert, counsel for Fall, having yielded his time. Hogan declared at the outset that the navy depart- ment had a “predominant part” in shaping the oil reserve policies of 1922, and that therefore no wrong- | doing could be traced to Fall and | the interior department. Navy influence, he insisted, estab- lished the policy under which Do- | heny's Pan-American Petroleum | Company secured the Elk Hi Calif., lease on Dec. 11, 1922, whic became the basis of the conspiracy | charges. | “That policy was established by | the secretary of the navy in Octo- | ber, 1921,” he said, “and the policy | was never changed or varied by a | single letter until November 28, | 1922, when again the secretary of the navy changed it. “Secretary Denby told you that he, not Fall, had argued the policy upon President Harding. Denby told | you he never understood the interior department had supreme authority in shaping the policy. He sald that the interior department was the ‘business agent’ for the navy in | these matters.” | Plea Is Individual. | Hogan ended with this: sum- | Thompson as a “Today before the sun sets, gentle- men of the jury, I hope that you will return to your homes and your families—and, that before the sun sets today you will send these defendants back to their homes and their families.” Mark B. Thomson of New Mexico, then made a brief argument for Fall declaring he had know the former secretary for more than 20 years, and sketching his career from the prospecting days of the old west to his retirement from the cabinet. “If you could look into the heart of Albert B. Fall, gentlemen, you would need no evidence to convince you in this case,” he “The highest encomium be tendered one cattleman b other is this—'He is a good bor,’ men, that Is what T say today | | of my neighbor, Albert B. Jall.” Turning to Doheny's $100,000 transaction with Fall, Nov. 30, 1921, Thompson said Fall wanted to bu jacent ranch to acquire water rights on Three Rivers, New Mexico, property. ‘Was “Clean” Transaction. “That was the cleanest money that ever passed from one man's hand to another,” he declared. The senate investigation into oil leases 1n 1923 was described by ch for politica ammunition” for the presidential campaign of 1924. “Since Judas Iscariot betrayed hi | Master more than nineteen hundred vears ago,” he said, “it has becn immutable that no tainted money ever could be applied to a worthy Fall u ney to buy land to establ children and his childr ng upon Fal nate investigating comm that he had gotten the $100,000 f Edward B. McLean, publisher of the Washington Post, Thompson said Fall “lied to shield his friend from a pack of politiclans led by Senator Walsh, that little grey wolf from the hills of Montana. “And every red blooded man in New Mexico is proud of him for it,” he shouted. Pomerene Argument Beginning his argument, Mr. Pomerene said the naval oil reserve at Elk Hills was set aside for the use of the navy until the president or congress directed otherwise. “It was not set aside at a dollar a barrel, or at a dollar and a half a barrel—but as oil, oil, for your navy and mine,” he d. Now it is no longer a naval reserve, but Doheny's reserve—and all this ac- complished in secret. “From the argument of Mr. Hogan for the defense, I am almost convinced that my worthy colleague Mr. Owen J. Roberts is the one on trial here. “Let me say this—honorable as is Mr. Hogan's record in Washington, it is no more enviable than the record of Owen J. Roberts in Phil- adelphia.” cause. “They have said the senate com- | not | mittee was after scandal and after facts” Pomerene continued. “This is the upshot, of the semate committee’'s work—that the country now knows it has not the naval oil reserves, and that Mr. Fall got $100,000 from Mr. Doheny. Hides Behind Petticoat “Not before Mr. Hogan spoke did I hear a word about Mr. Roberts having criticised Mrs. Doheny. But this is not the first trial in which a defense has sought to hide be- hind a petticoat.” “I resent the desecration of the tomb of President Harding in gentlemen, I hope | hat can | con- the | | defense attempt to bring forth h1s | §3eeeeresestPeessdesssddd NEW BRITAIN DAILY HERALD, WEDNESDAY, DECEMBER 15, 1926. | snroud to cover up the infamy of | this transaction.” Thinks It Was Bribe “Did President Harding even |know that his trusted cabinet offi- |cer had borrowed $100,000 from |Mr. Doheny?” Pomerene asked. “DId President Harding ever know Mr. Doheny thought this re- as worth at least $100,000,- “President Harding was my per- |sonal friend and I think 1 can see the pained expression which would envelope his tired, genial counte- nance if he were to return for a moment from the Great Bevond to learn of the transaction.” “Was this a bribe? “I think it was." The case went to the jury at p. m. 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