The Washington times., 1925-11-03
HEARING ON
PAGAN'!1
STAND
Counsel Urges He Had Right
ii Jury Room, Despite
Mccoys Opinion

The hearing Of the Government
appeal from the decision Of Chief
Justice Mccoy, Of the District
Supreme Court, quashing indict-
ments against Albert B. Fall, for
mer Secretary Of the Interior, Ed
ward Z. Doheny and Edward q.
Doheny, il, for alleged bribery,
and against Fall and the elder
Doheny for alleged bribery, was
continued IN the Court Of Appeals
today.
Chief Justice Mccoy quashed
the indictments on the ground
that the presence in the grand
Jury room Of Oliver 3. Pagan,
special assistant TO the Attorney
General, was unauthorized, and
illegal and therefore invalidated
the proceedings.
Presence Held Legal
owen j. Roberts an AtIee Pom
creme, special counsel for the Gov
mitted the presence OF Mr.. Pagan
time this body investigated the
charges, and conceded that the
presence Of an authorized
person would vitiate the fndict-
ments.
They contended, however, that Mr..
Pagan was there as their assistant.
and as such was authorized rs
law to be there.
Mr.. Roberts declared that he and
Mr.. Pomerene were in charge and
control Of the prosecution in &C.
cordance with the law Of February
4, 1924, and argued further that
the purposes Of this law can only
be fulfilled IL special counsel 10
permitted fully to avail themselves
of the services of the United States
district attorneys and special as
sistants to the HttuFney general
whenever required or desired. pra,
yided always that all proceedings
remain under their charge and
control 8"
His Words Recalled
Counsel for the Doheneys, Attor-
ney Frank j. Hogan contended that
the Mr.. Pagan's presence was not
authorized, and said by his own adj
mission that Mr.. Roberts conceded
that Pagan's presence was not
legally authorized because he pagan
appeared by an appointment of the
attorney general which read in part:
You are hereby specifically retained
| as a special assistant to the At
torney General of the United States,
under the authority of the Depart
ment of Justice, and-you are speci.
fically directed to conduct. in the
District of Columbia-grand jury
proceedings, ETC.
Mr.. Hogan also called the atten-
ton of the appellate tribunal to the
law of February 81, 1924, providing
that amy counsel employed by the
President under the authority of
this resolution shall be appointed
by, and with the advice and con-
sent of the Senate, and shall have
full power and authority to carry
on said proceedings (suits growing
out of the oil investigations) any
law to the contrary notwithstand.
ing
. In support of his contention that
It was the intent of the law to take
any and all litigation concerning
the vi IlNNStlkdblOIt SHtiICly Oul
OF the hands of the Department Of
Justice and of the attorney general,
Mr.. Hogan quoted at length from
the debate in the Senate, where
Senator Walsh avowed his distrust
of the then attorney general,
Daugherty. and his administration
and assured his colleagues that he
had SO framed the resolution pro
vIding for and directing the Pres.
fdent. with the advice and consent
of the Senate, to employ special
counsel to conduct and control such
proceedings to completely exclude
Mr.. Daugherty and his assistants
from all participation therein.
Since the original indictments
were quashed by Chief. Justice Nc
Gov indictments against Fall and
Doheny for conspiracy to defraud
the government have been returned
by a new grand jury. but indict-
ments for bribery could not again
be procured because the statutory
limitation had expired.