Evening star., 1925-04-03

II
bribery charges against Fall and the
Doheneys, because the alleged Of
tense occurred more than three years
ago and prosecution would be barred
by the statute OF limitation. The
charge Of conspiracy which wss made
against all four of the defendants
might be again submitted to a srznd
Jury, attorneys for the accused ad
niitted.
The opinion OF the Chief Justice
covers / typewriter pages and takes
up in order the four pleas made by
counsel for the defense. by which
they sought the quashing of the in
dictments.
1t discusses the question OF the
lawful presence OF oliver e. Pagan
before the grand jury. 1t quotes the
act OF June 80, 1906, on which the
Government relied for the presence
OF an assistant to the Attorney Cen
eral at the grand jury meetings and a
decision appearing to sustain that
right. But the court says, THE At
torncy General was, under the act
mentioned, for the first time author
lied TO go before grand juriex, and
had Congress merely directed the
PFesid mt To prosecute criminal pro-
easdings, he would have called up
the Attorney General who is his
legal adviser. to take charge and con-
troll, and under such circumstances
Mr.. Pagans appearance for the Gov
ernment could not be successfully
questioned. But the Congress was
not willing that the Attorney Cen
ersl should advise the President in
these cases. 1t was not willing that
the Attorney General should have
charge and control, or appoint any
person to conduct the proceedings
This resolution of the Senate TAX
ing the right away from the Attor-
ney General also took it away from
/, his assistants and therefore Mr.. Pa
gan was not authorized to appear be-
fore the grand jury as an attorney
for the Government"
Gordon's Right Unquesticned.
The question whether the district
attorney Mai. Gordon) was right
fully before the grand jury is not so
| readily answered, the court suggests.
But after reviewing the law he
reaches the conclusion that as the
Attorney General had no direct con-
troll over district attorneys as to
grand jury proceedings. the Congress
when speaking in the resolution in
question of the powers of the Attor-
! statutory power in him over district
attorneys.
In taking up the second plea, which
attacked the indictment, because
signed by Atlee Pomcrene and owen
J. Roberts as special assistants to
the Attorney General" the court
points out that as long as the indict-
ments were indorsed by the foreman
of the grand jury the signatures of
saI p1t he
lawyers were present in the grand
jury room under their appointment as
special counsel" their presence was
lawful
Discussing the speech broadcast by
Senator Thomas ]. Walsh, giving his
Views of the oil scandal, which coun-
sci for the accused had called con-
| tempt Of court, the chief justice says:
Radio Case Not Proven.
The false plea in abatement al
leses that during the period of serv-
| ice of the grand Jury, which found
the indictments, it was announced by
newspapers in the District of Colum-
| bia that there would be broadcast by
| United States Senator by radio a
/ statement about the matter under in
vestigstion, and that this plan was
! carried out, though the attorney for
| one of the defendants called attention
/ OF the Senator TO the fact that the
| grand jury was considering the cases
| 1T is alleged that the broadca stin G
| was done with the intent that II
! should be heard by members of the
grand jury and that there were at
the residence of more than a majority
of the grand jury radio receiving
I sets. Certain statements are made
about public places where the public
/ was permitted to hear the address
There is no allegation that any grand
/ juror heard the address or was In
| fuenced by It. nor that the indict-
ment was not based entirely on lay
/ full evidence"
! Attorneys Frank J. Hogan OF Wash
{ ington and F. r. Kellogg OF New
| York represented the two Dohenys
! Attorneys George P. Hoover OF this
| city and Martin ". Littleton and G.
! T. Stanford Of New York represented
/ Harry F. Sinclair. while Henry A
| Wise OF New York appeared as coun-
| sci for Mr.. Fall.
4