Evening star., 1924-05-16
D0HENY'S REFUSAL
TO TESTIFY UPHELD
Son of Oil Magnate Within Rights,
Rules Justice Hitz, Refusing
to Force Replies.
PoMERENE SCORES MOTIVE
Declares Intent Is to Shield Father
and Not Self.

Edward L. Doheny, jr., son of the
California oil magnate, does not have
to answer questions propounded to
him by the oil grand jury. Justice
Hitz, in Criminal Division 1, so held
when he dismissed a rule issued last
week at the request of the grand
jury. which complained to the court
that young Doheny, although assured
by special representatives of the gov
ernment that they had no criminal
charge against him, declined to an
swer queries of counsel before the
grand jury.
Doheny claimed that he could not
be required to answer because the
evidence might tend to incriminate
him. He relied on his constitutions al
right not to bear witness against him
self.
Justice Hitz said: Il think gentle
men, the privilege exists and that
this witness is within il. If the refus-
al incidently serves to benefit some
one else, it does not detract from the
right of the witness / discharge the
rule
Former Senator Pomerene, as spe-
cial counsel for the government, pre-
sented the application of the grand
jurors and asked that Doheny be
compelled to answer the question
The ex-senator attacked the good
faith of young Doheny in claiming
the privilege of not being required
to answer. He charged that the
young man was not defending him
self, but was claiming the privilege
for the protection of his father, Ed
ward l.. Doheny. The grand juror.
did their duty in reporting the re-
fusal to the court, said Mr.. Pomerene
as they doubted the good faith Of
young Doheny.
New York to be present at the argu-
ment
Cites Old Precedents.
Carrying his precedents back near.
Iy 100 years, Frank ]. Hogan. defend
ing the refusal of young Doheny tc
answer the questions put to him be-
fore the grand jury. cited as an H.
lustrious example the action of An
drew Jackson. then President of the
United States. declining to furnish
evidence sought by a committee OF
the House of Representatives which
was attacking him and the member rs
of his cabinet in 1897
President Jackson's letter reads. in
part: After the reiterated charges
YOU have made, it was to have beer
expected that you would have beer
prepared to reduce them to specifica
tons and that the committee would
then proceed to investigate the mat
ters alleged. But, instead of this
you resort TO generalities even more
vague than your original accusations.
and in open violation of the Consti
tuition and of the well established
maxim that all men are presumed tc
De innocent until proved guilty ac-
cordIng to the esta blished rules o.
law, YOU request myself and the
headS OF departments to become oul
own accusers and to furnish the evil
dence to convict ourselves
Burdick Case Cited.
Mr.. Hogan decried what he called
the latter-day suggestion that one
who asserts the protection of tn,
vital provisions of the fifth amend
ment to the Constitution thereby i'm.
plledly admits guilt, and secondly
the alarmingly growing tendency out.
SIDE the courts to treat lightly en-.
croachments upon constitutional
rights. He pointed out that this pro.
President of the United States, anC
the declaration that it is in no man.
ner an admission of guilt was upheld
by the United States Supreme Cour1
in the Burdick case, in which tn,
court expressly ruled that one wht
so avails himself does not in fact oI
in law, expressly or implicitly, there
ference that he has been guilty o.
any offense may legitimately b,
drawn"
The lawyer claimed there was Nc
justification for the report by the
grand jury to the court of the re
fusal of Mr.. Doheny to answer, ano
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