Evening star., 1925-04-03
FALL INDICTMENT
DECLARED ILLEGAL
BY DISTRICT COURT
Justice Mccoy Also Quashes
Case Against Sinclair
and the Dohenys.
ENDS 100000 BRIBE
CHARGE, DEFENSE SAYS
Ruling Holds Pagan's Presence in
Grand Jury Room Invalidated
Teapot Findings.

The four oil indictments secured by
the Government June 80 against Al
bert B. Fall, Edward l.. Doheny, Ed
ward l.. Doheny, jr., and Harry F. SIN
clair, oil magnates. growing out or
the Teapot Dome and other oil reserve
leases, were quashed today by Chief
Justice Mccoy of the District Supreme
Court.
The court held that the presence
Of oliver Z. Pagan, a special assist
ant to the Attorney General, in the
grand jury room during the taking
CT testimony was unlawfui ana VIII
sted the indictments.
The Senate resolution taking the
prosecution of oil cases out OF the
hands of the Department of Justice
and requiring the appointment OF spe-
rial counsel by President Coolidge
took away the right of the Attorney
General or his assistants to appear
before the grand jury, the court held.
The chief justice overruled the con-
tention of counsel for the oil men
that the radio speech of Senator
Thomas j. Walsh of Montana, chief
prosecutor OF the Senate oil inquiry,
during the time the case was pend
ing before thee grand jury rendered
the indictments void.
He also overruled the claim of the
defense counsel that United States
Attorney Gordon was improperly
present in the grand jury and that
Atlee Pomerene and owen J. Roberts,
the Presidents special counsel, ap-
peared as special assistants to the
Attorney General. On the latter
phase the court said that 1t was i'm
material that Pomerene and Roberts
had signed the indictment as special
assistants" because 1t was not nee
essary that they sign the instrument
at all. They were rightly present as
the governments special counsel"
the court pointed out.
L. s. VIII Appeal.
The United States will appeal from
the decision, United States Attorney
Gordon announced this afternoon fol-
lowing telephone conversation with
Owen ]. Roberts. one of the special
counsel for the Government, now In
Philadelphia. Mr.. Roberts will come
to Washington for the purpose of
noting the appeal within a few days.
Asked if the statute of Limitations
would prevent the Government from
securing other indictments against
Fall and the oil magnates, Mai
Gordon expressed the opinion that
new indictments may be secured In
the conspiracy cases.
In reference to the bribery charges
against Fall and the Dohenys, he
would not chance an opinion at this
time. Maj. Gordon called attention
TO the act of November II, 1921,
which extends from three to six years
the statute of limitati in of
fenses involving the defrauding or
attempt to defraud the United States
or any agency thereof, whether by
conspiracy or not, and in any manner,
and now indictable under any exist
ing statutes" The conspiracy, under
the Indictment which has just been
quashed, is alleged to have been
formed April 7, 1922, and under the
three-year statute, which obtains in
ordinary criminal cases, would be
barred next Tuesday.
Whether this statute referred to
can be construed to cover the bribery
charge is a serious question, some
lawyers assert.
Counsel for Harry F. Sinclair,
stated today that the action OF the
Chief Justice puts an end to the
Continued on Page 2. Column -