The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-03-13
US, WILLREST
SOON IN DOME
CASE, is HOPE
Conclusion Is Set For Next
Tuesday Although Be-
hind Schedule
BANK RECORD Is UP
Question of Submitting Al
bert Falls Account Is
Before the Court
BANK RECORD is UP

Cheyenne, Wyo.. March 13.-(B BY
the A. PD--Despite the fact that the
Teapot Dome naval reserve annul-
ment suit now is exactly one half
day behind schedule, Government
counsel "hope to be able to rest"
their case by Tuesday afternoon,
Owen J. Roberts, special attorney
heading the Federal side Of the case,
announced today.
The longest delay thus far came
yesterday afternoon when the court
recessed in order to give counsel for
the government time to prepare ar
guments in favor of the admissible
ty of witnesses subpoenacd in an at
tempt to trace movement Of Lii
berty bonds between Harry F. Sin
clair and Albert B. Fall.
Hitting the high spots for the first
time since the trial began, attorneys
in the Teapot Dome lease annulment
case yesterday afternoon brought
out the "pivotal points" in the liti-
cation and then wound up the case
in such a tangle of objections, tech
nicalities and coptentions that Judge
Kennedy abruptly adjourned the
court in the middle of the afternoon
in order to give government lawyers
time to get fresh start.
The question Of admitting bank
account records of Albert b. Fall.
former secretary of the interior. who
leased Teapot Dome to Harry F. Sim
clair's Mammoth Oil company, to
show an exchange of liberty bonds
between Sinclair and Fall, was taken
under advisement by Judge Kennedy.
Defense Counsel Objects
J. w. Lacey, Of defense counsel,
objected to the testimony of A. j.
Conway, cashier of the federal re-
serve branch bank Of Denver, on the
ground that it was double hearsay"
because Conway himself-did not act
ually make the records to which he
was testifying. The objection took
government counsel by surprise when
Mr.. Lacey declared he could quote
sufficient legal authority to show
Conway's testimony was incompetent.
When Owen J. Roberts of govern
ment counsel told the court he was
not yet prepared to cite his authori-
ty for so conducting the examination
Of Conway, Judge Kennedy ordered
an adjournment until tomorrow to
allow the government to prepare it's
argument sustaining the calling of
the Denver witness.
Mr.. Roberts had told the court
earlier in the day that he was ques-
tioning Conway and employees of 9TH
er banks where Falls transactions
were recorded that he was attempt
ing merely to identify the process of
routine through which liberty bonds
and coupons passed and that he
would later cite his authority for
such. 1t was then that Judge Ken
nedy reserved decision on the ques-
tion Of admitting bank records of
Fall in the case, upon which the gov
ernment hinges it's attempt to prove
that bonds from Sinclair eventually
found their way to the credit Of Fall.
Trace Liberty Bonds
81 VI AuhpoIs SaohiClS u. NOH-
zales. an employe Of the First Ma
tional bank of Ell Raso, Texas. and
Harlan j. Smith, cashier Of the First
National bank of Pueblo, Col. iden-
titled accounts of Fall and the Tres
Ritos Land and Cattle company, in
which Fall is interested, and Liberty
bond coupons alleged to have been
cashed by Fall. This testimony was
taken subject to being stricken on
the objection of defense counsel.
Judge Kennedy has the objection un-
der advisement. Evidence was TAX
en- in this way in an attempt to trace
from Fall back to Sinclair the Liber-
ty bonds involved. which are said to
total approximately 100000.
Before the case proceeds further
the court will await the argument Of
counsel on its authority
for proceeding with testimony of
bank officials and employees and the
competency of bank officials to testi-
fy regarding bank records made by
other employees.