The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-04-03
JURY ROOM
VOL lated
NJ COY
H(N[|S
Asst. Atty. Gen. Pagan PFss-
emit at Hearing illegally,
He Says

The criminal indictments against
the four biggest figures in tho
great oil scandal ex-Secretary
Of the Interior Albert B. Fall,
Harry r. Sinclair, Edward I.
Doheny and Edward I. Doheny,
r., were quashed in the Supreme
Court Of the District Of Columbia
Supreme Court today by Chief
Justice Walter 1. Mccoy.
Without expressing any opin-
ion on the guilt or innocence Of
the accused men, Justice Mccoy
dismissed the indictments on
technical grounds the principal
one being that the presence Of .
Government attorney Oliver
Pagen. IN the grand jury room
during the taking of testimony
vitiated the instruments.
AIIege Public Hysteria.
Quashing the indictments follow.
ed an extended legal battle waged
by counsel for the accused men.
For almost year some OF the best
legal talent In tn country has
attacked the indictments, alleging
them to be faulty and due to al
legged hysteria that prevailed IN
public sentiment at the time OF
the oil exposures.
The court in the decision today
held that the presence OF Oliver =,
Pagan, a special assistant 20 the
Attorney General, in the grand
iurv room during the taking OF the.
testimony. was unlawful and vi
tiated the indictments.
The Senate resolution taking the
prosecution Of oil cases out or sne
hands of the Department OF Justice
and recurring the appointment OF
sneciaI counsel by President Cool
idre took away the right OF the
Attorney General or his assistants
to appear before the grand jury,
according to the opinion OF the
court.
Walsh Speech Upheld.
The contention Of counsel for the
o,l men that the radio speech of
senator Thomas j. Walsh OF Mon
tana. chief prosecutor of the Senate
oil inquiry. while the case was
pending before the grand jury rem
dered the indictments void, was over
ruled by the court.
The claim of the Defendants tnat
District Attorney Gordon was I'M
properly present in the grand july
room, AND that Atlee Pomerene ana
owen J. Robert, special counsel IN
tho case. appeared O. especial assist
ant sto the Attorney General. was
also overruled by Chief Justice Nc
Coy. la
On the latter phase the court said
that IT was immauerial that Pom
creme and Roberts had signed the
Indictment as special assistants
because it was not necessary tnat
thew sign the instrument at all.
They were rightly present as the
Governments special counsel, the
court held.
Appeal is Likely
Whether the Government will ap-
peal from the courts decision, ana
seek the re-indictment OF the four,
was not Immediately made known,
hut It was said to be likely in view
Of the fact that the indictments
were uuashed purely on legal teen
nicalities and without the courts
nassing upon the Governments
basic contentious of fraud and con-
spiracy.
If no appeal Is taken, then the
Governments criminal case against
Fail, Sinclair and Doheny. col
lapses.
The indictments had charged the
four with criminal conspiracy III
the leasing of Teapot Dome oil flelo
to Sinclair, and the leasing OF Elk
Hills reserve, IN California, to DO
heny.
View Of Counsel.
Counsel for Harry F. Sinclair
stated that the action of the CHIEF
Justice puts an end to the bribery
charges against Fall and the
Dohenys.
The charge of conspiracy, which
was made against all the four de-
PENDANTS, might be again submitted
to a grand jury, he admitted.
The opinion of the CHIEF Justice
covers twelve typewriter pages
and takes up in order the four
pleas made by counsel for the de-
tense, by which they sought the
uuashing of the indictments.
First, it discusses the question of
tho nresence of Oliver E. Pagan
before the grand jury.
It quotes the act OF june SOs
1906. on which the Government -