Evening star., 1925-01-26
ROBERTS ATTACKS.
ABATEMENT PLEA
Says Walsh Radio Talk Of
ferS No Basis in Oil Con-
spiracy Trials.

! Owen J. Roberts, special counsel
| for the government in the oil prose-
Cutions, today opened the argument
for the United States at the hearin &
| before Chief Justice Mccoy on the
| pleas in abatement by which Albert
| B. Fall, former Secretary of the In
terror, Edward L. Doheny. Edward
L. Doheny, jr., and Harry F. Sim
clair, oil magnates, hope to quash in
dictments charging them with con-
spiracy in connection with the leas-
| ing OF naval oil reserves. He will
| be followed by Former Senator Pom
creme and United States Attorney
Gordon for the government. The clos
| ing argument for the accused will
| be made by Martin w. Littleton of
! New York, representing Sinclair.
| Roberts contended that the fourth
plea, in which 1t is claimed that the
grand jury was Influenced by a speech
| of Senator Thomas j. Walsh over the
! radio while the inquiry was in prog
ress before the grand jury, should be
stricken out. He asserted that 1t was
| filed too late, being more than 90
| days after the making of the speech.
| He quoted opinions of the United
! States Supreme Court holding such
| L
after the indictment and pointed out
} that this fourth plea was not filed
until more than six weeks after the
! return of the indictment.
No Decision Cited.
The plea seems to have been an
"afterthought," the Governments
| lawyer asserted He also advised the
court that no decision had been cited
by counsel for the accused in which
indictments had been quashed for i'm
proper newspaper statements pub
lished at or about the time the grand
jury was in session, but that many
such cases are in the books in which
the courts refused to quash indict-
ments on such pleas
Chief Justice Mccoy interrupted the
speaker to call attention to the num-
Der of indictments filed shortly after
the commission of heinous crimes and
while there was a public clamor for
action by the prosecutors He re-
ferred to the Loeb-Leopold case in
Chicago, where the boys were indicted
and tried while the indignation of
the community was at its height. The
remark of the court was taken to in
dicate that he leans toward the con-
tention of the Government, at least in
reference to the Walsh radio speech.
Nature of speech.
Continuing, Mr.. Roberts declared he
felt convinced the court would not
indulge the defense to the extent of
80 days in filing what he called
dilatory plea. Even If the speech Of
Senator Walsh had been heard by
some of the grand jurors, he asserted
there is no allegation in the plea that
it prevented him or them from find-
n n 90
dence.
He pointed out decisions in which
it Is held that the mere introduction
of improper evidence" before a grand
jury will not vitiate an Indictment
unless the allegation is made that
there was no competent evidence sub
mitted on which the grand Juror
could have acted. The lawyer pro-
oeeded to answer the first three pleas
with a defense of the presence of
United States Attorney Gordon and
Assistant Attorney General Pagen in
the grand jury room during the TAX
ing of evidence. He declared their
presence was duly authorized" and
that the pleas in abatement based on
these points should be overruled
Did Not Replace Fund.
Mr.. Roberts insisted that the Senate
resolution did not repeal the existing
law as to the persons entitled to attend
grand jury sessions, and dealt only with
the control of the prosecutions of which
the Department of Justice was re-
lieved. He and Senator Pomerene are
and always have been in control Of the
prosecution in the oil cases, he asserted,
but the resolution did not prevent them
from going to the Department Of Justice
to get assistance, he declared.
DO you claim" interrupted Attorney
Littleton, that the Attorney General
could have gone into the grand jury
room after the passing Of the Senate
resolution
Most assuredly. he could" respond
ed Mr.. Roberts, If we had asked him
to assist US"
The Governments lawyer declared
there had been no violation of the
Senate resolution either in word or
spirit.
Backed by Pomerene.
Senator Pomerene fndorsed in its
entirety the position taken by Mr.
Roberts in reference to the fourth
plea about the radio speech of Sem
ator Walsh, and asserted that It was
fled too late to be considered by the
court. AS to the presence of United
States Attorney Gordon in the grand
Jury room, he pointed out that Mai
Gordon has Jurisdiction over every
crime committed in the District of
Columbia, and is entitled to attend
every session of the grand jury in
this district. Mr.. Pagan, also a duly
authorized person, was present at the
request of the counsel in control, he
said.
Tfe rights of the accused, Mr.. Pom
creme asserted, were in no way pref
udiced by the presence of either OF
these lawyers before the grand jury
or by the fact that the indictments
are signed by himself and Mr.. Roberts
as special assistants to the Attorney
General" instead as Counsel ap-
pointed by the President" The in
dictments needed not have been
signed at all by any of the lawyers
he pointed out, as long the sigma
ture OF the foreman of the grand
jury was upon them.
Debated in Congress-.
The debates in Congress, on which
counsel for the accused had rested
to show the intent to exclude the
Department of Justice entirely from
The oil rrOSecutiop shou1d MT ha