Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-19

| Continued from First Page.)
learned afterward that they had gone
contrary to It. None CT them was
| aware that similar charge WAS pend.
ing against Fall and Harry Sinclair
as a result of the lease which Fall
| gave Sinclair on the Teapot Dome
! (Wvoming). naval reserve. ana re-
! CENT of that knowledge did not re-
assure them.
The DELAY in reaching a verdict re-
| suited from two men standing OUT
| stubbornly for conviction one or tne
! two IL a professional man and our,
! ing the selection of the jury hau
| shown that his education was con
sp!cuously superior to that OF the
others. The other dissenter was a
bank clerk who is studying law. He
| finally was persuaded that sufficient
doubt existed to Justify a vote OF ac
| ouittal, whereupon the professional
man gave in rather than be the cause
of a hung jury.
Eight for Acquittal at First.
Before voting, however, they en- en-.
gagged in general dlscussi"ll ~,
about five minutes. when oiscloseu
1 a
| raj when the slips were taken from
/ tho hat IN the first vote, 1t was found
| that eight were for acquittal, two TOT
| conviction and two had cast blank
hatlots. The foreman explained that
| he had not voted because he desired 10
| nreside imuartially. Another juror eH-
| nlained that he had refrained from
/ voting because he was still uncertain.
| . This ballot was taken at $40 pm,
| 90 minutes after they had retired:
| Discussion was then resumed ana
| continued for so minutes, with those
favorine acquittal doing virtually an
| the talking and concentrating theiT
arguments on the doubtful juror. AT
| 4 nm. a second ballot was taken. re-
| sulting in a vote of nine FOR acquittal'
| two for conviction and the foreman
still not voting. The doubtful man
| had gone over and the foreman had
Indicated sufficiently that he intended
| to vote for acquittal.
| For the next three hours, with coats
| off and sleeves rolled up. they sweateo
and strained and hammered the table
| with their fists. A distinct faction APP
neared. Several of the young clerks
and mechanics drew together on a
| complete group that was strenuousiV
| for acouittal and collectively hostile
| toward the attitude Of the profes-
! sional man who was standing out tor
| conviction.
"You can't tell me old man Do
henv is a crook" one of tnem oe-
clared. "I'll stay here till hell freezes
before I'll vote to send that ola mar
| TO the pen. Didn't these Navy men
go and ask him to bid on TINS con-
| tract?
100000 Loan Debated.
Didn't you hear him say he didn 7
u,a NJ II until they persuaded nm !!
! Don't YOU remember how Admira ~
Robson testified that when he nrst
nut If nm to him Doheny didn't want
4 and Robson persuaded him that II
was his patriotic duty to bid?'
"But how can you get away from
that Sl00, 000?" protested the disseh'
| ter. ,,.,,,aar
friends" the other retortea; W.
know Fall and Doheny had peeh
frionds for 40 years. Doheny is :;
,,illionaire, Why wouldn't he len.
Sioo 400 TO an old friend If he needed
it?" 49, Ate.
.vrhat's all very we'll" said the as
| CENTER sbut why did he loan IL the
way he did-sending the money II.
% oh nv his son? That's not the way
loans are made between business men,
We all know that. -.
l 'well." said another. you We ~.
to remember that Fail was soliis
douyn there to New Mexico to buy
rsnch and / think he figured the
| ereenhacks would make bigger I'm
preston on those New Mexicans than
q check. You take rancher OUT u,
that mart of the country ana real
money looks good to him. It's harder
m refuse than a check. l beileve
that's why he wanted the cash.
Glow do you explain Doheny,s arr
| in tearing the signature on ran
note?" persisted the professional man !;
| "I believe what he said about II,
was the reply. HE was always traV'
cling around and he thougnt ne l sissi.
oct killed in a wreck and he dldn
wa nj his heirs to call on Fall Tor the
money. Mrs. Doheny testified to that
and she certainly isn't the kind OF a
ladv that would perjure herself. ~
| struck me that it was pretty decent
Of Doheny to think of that"
Knottier Question Still.
But the two men holding out Tor
conviction had an even knott1er ques
tion to raise. They wanted TO know
why Fall lied about the source from
which he obtained the money ano
persuaded Edward L. Mclean to JOIN
in the lie.
at was white lie." replied another
Juror "You can't blame Fall very
much for that. He would have ha
a yellow streak a foot wide If h,
HADN'T tried to protect his old FRIEND
after all Doheny had done for him"
One Of the older men advanced an
other point in favor of acquittal.
don't see how there could have beer
lany conspiracy between Fall and DO
henv. with so many fingers in the
pie" he declared.
THAT'S the way | see it. too" sale
another of the older men. My mine
pas made I'D as soon as DENLY came
on the stand and said he signed the
contracts, knowing all about them
II would be different if Fall had hat
the whole say about the reserves, ant
could have told Doheny to go In anC
take what he wanted. But DENLY hat
70 sign those contracts: they woulc
not have been legal If he had not.
The yellow peril theory advanced
nv the defense-the contention thai
the first contract with Doheny re
suited from secret information tna'
the Japanese navy was mobillZlng rol
an attack on this country, thus ne
cessitating immediate construction o.
fuel oil tanks at Pearl Harbor, Hawai-
received scant attention in the jury