Evening star., 1925-01-23
WALSH'S OIL TALK
LLEDCONTEMPT
Doheny Counsel, Seeking
Voiding of Indictments,
Fights Radio Speech.

ThomaS j. walsh, senator from
Montana and chief prosecutor of the
oil inquiry before the United States
Senate, was accused OF contempt of
court today by Attorney Frederic r.
Kellogg of New York, one Of the coun-
sci for Edward l.. Doheny and Ed
ward L. Doheny, jr., oil magnates, In
brief filed in support of pleas OF
abatement to the indictment charg-
ing the Dohenys with conspiring with
Albert B. Fall, former Secretary of
the Interior, to defraud the United
States in connection with leases of
naval oil reserves.
The accusation grew out OF a radio
speech by the Senator May 6, on the
'Oil scandal" while the grand jury
was considering evidence against
Fall, the Dohenys and Harry F. Sim
clair, lessee OF Teapot Dome. The
attention of Senator walsh was called
to the effect such speech might have
on the grand jurors then in session
through a letter sent by Attorney
Frank ]. Hogan, chief counsel for the
Dohenys, to Senator Walsh, both at
his home and at the radio studio be-
fore the speech.
Sees Justice Barred.
The delivery of this speech. At
torney kellogg declares, under the
circumstances, was an act which,
pursuant to the common law of Eng
land and OF this country existing
nearly 200 years, constituted a con-
tempt of court as an act tending to
obstruct the administration of justice
and for which Thomas J. Walsh was
legally punishable" The speech not
only subjected Senator Walsh to
punishment for contempt, the court
is told. but so far tended to impede
and obstruct the due administration
of justice s TO require the quashing
of the indictments.
Mr.. Hogan opened the argument
this morning before Chief Justice Nc
Coy In Criminal Division in support
OF the pleas OF abatement, through
which it is hoped the indictments
against the oil magnates and former
Secretary Fall may be quashed. Mr..
Hogan addressed himself chiefly to
the alleged Illegal presence of United
States Attorney Gordon and Assistant
Attorney General Pagan in the grand
jury room during the taking of
testimony against the oil men He
pointed oIt that the Senate had
passed a resolution taking from the
Department OF Justice all right to
prosecute the oil cases and declaring
that counsel to handle the cases
should be confirmed by the Senate.
Presence Held Legal.
Despite this direct order OF the SEN
ate, he claimed, the Attorney General
designated Atlee Pomerene. owen J.
Roberts and Mr.. Pagan to assist him
in presenting the testimony TO the
grand jury. This attempted appoint
ment, the lawyer asserted, was ille-
gal. 9 being In the face of the SEN
ate's resolution. The presence of all
three lawyers, and especially OF Mr..
Pagan, was a violation of the secrecy
of the grand jury proceedings, which
requires the exclusion of every un-
authorized person, 1T was contended.
Mr.. Hogan was followed by Attor-
ney George p. Hoover. representing &
Mr.. Sinclair, and by Attorney Henry
A. Wise, appearing for Mr.. Fall. At
torney Kellogg then attacked the ac-
tion of Senator Walsh as broadcast
ing statements prejudicial to the aC-
cused while the grand jury was in
session
Mr. Roberts. special counsel for the
Government in the oil prosecution,
defended the presence of himself and
the other counsel before the grand
jury. He pointed out that while he
the President to conduct the prosecu-
tions, there was no prohibition against
them having assistants, who were
qualified to go into the grand jury
room. The act of February 8, 1924,
relied on by the defense, merely sup
plemented and did not repeal existing &
law relating to persons entitled to ap-
pear in grand jury proceedings, he de-
clared.
Disputes Effect of speech.
AS to the plea of the effect of the
radio speech of Senator Walsh. Mr..
Roberts asked that 1t be stricken out
for several reasons. He claimed there
had been unreasonable delay in it's
filing, which should prevent its con-
sideration. 1t does not set forth any
facts. he said, showing any prejudice
to the defendants by reason OF the
matters pleaded. 1t fails to show that
any juror would have voted differ
entity If the speech had not been de-
livered, he pointed out.