Evening star., 1926-12-05

oil royalties, Robson testified: Il said.
7 appeal to you as my friend to f1x 1t.
for Gods sake. so the Navy won't get
bilked In this"
"Doheny said: II there Is any talk
of being bilked this is off right now
naval engineer accepted the offer.
The defense is counting a great
deal on this incident to strengthen its
contention that the Navy Department
and not Secretary Fall is responsible
for the final awarding Of the leases
and contracts to Doheny. Coupled
with the refusal Of Secretary Wilbur
10 permit naval officers to disclose
confidential matters" connected with
the war plans. it is calculated to have
a psychological effect on the jury.
Justice Hoehling. in his ruling, has
simplified the examination of Secre-
fary Wilbur tomorrow. 1t Is for the
court to decide just how far defense
counsel can go in examining the
Naval Secretary. II this examination
is confined merely to the issuing of
his gag rule to Capt. Robson, 1t
may only last a few minutes. Since
Mr.. Roberts cross-examination would
have to be confined to Wilbur's actual
testimony, such a contingency may
result in nothing more than few
fireworks for the benefit OF the jury.
Robson Faces Griuing.
With Capt. Robson. however, the
situation presents an entirely different
aspect. Roberts apparently is itching
to go into the confidential matters re-
iating to the war plans of 1921. He is
preparing to put Robson under a pit
iless grillins. if permitted by the
court, in an endeavor to break down
the structure erected by the defense
He Is anxious, he declared, to draw
picture Of the situation existing at
the time Of the December, 1921, con.
ference, at which Robson appealed
to the patriotism of Doheny TO under
take the Pearl Harbor work He
wants to cross.exanine Robson as
to when these Confidential matters
agitated naval officers. particularly
with reference to the Washington
naval armaments conference of 1921, |
In which the major powers entered
into an agreement to curtail arma.
ments.
The Government would be prepared
TO show, he pointed out that just |
prior to the December. 1921, confer !
ence between Robson and Doheny. |
the Pacific agreement, or four-power !
pact, was in process of negotiation. |
and that the pact was signed in the |
following April. BY that pact, the |
Government would contend the pos !;
sibility of war between the United |
States and Japan in the Pacific was !
precluded.
Value of Base at Issue.
The stress laid by Capt Robson |
on the importance Of oil storage ia !
cilities at the Pearl Harbor, Ha-
lyc1t 10 ia
important part in the cross-exar1i. |
nation. The Government will try !
OF the war plans by bringing out that
OF the war plans by bringing out that
the situation in 1921 could hardly
have been affected by construction
work that would require from two
or three years to complete.
BY Robison's testimony the defense
has built UP strong evidence divert
ing the finger OF suspicion from
FAN to the Navy Department in the
negotiations leading UP to the culmi- |
nation Of the Doheny contracts.
Government counsel will endeavor to
break down this portion of his testi-
mony under cross examination and |
shoulder responsibility for the con-
tracts upon Fall.
Every step in the negotiations was
known to the Navy Department, |
Robson testified yesterday. and fire.
quently off1cials Of the Interior De-
partlnent. who were delegated hy
Fall TO handle Oil matters. consulted ,
the Nays wishes before presenting
proposal to prospective bidders
Never, 80 far as he could recall. had
the Interior Department taken any
final action without first obtaining
the consent Of the naval bureau in
crested. The Jury also was told that
Fan never had participated in the
inter departmental conferences which
fixed the royalty schedule for the
Elk Hills lease.
Conspiracy Charge Attacked.
Robson was on the stand through
out the entire session yesterday. His
examination was directed by Mr..
Hogan to the defense contention tha:
the Navy Departments part in the
leasing negotiations precluded all
possibility OF conspiracy between
Fall and Doheny. as charged by the
Government His direct examination
was not completed when court ad
5ourned until tomorrow.
The admissibility of Secretary VII
bur's gag order" to Robson featured
Yesterdays opening session. Justice
"The rule Of law which makes
privileged what are comprehensively
described as secrets of state is
founded upon the principle that dis
closure thereof would be contrary TO
public policy and pretudicial to public
safety ana public interest. In the
administration OF government; but the
rule Of exclusion is applied no further
than the attainment of the objects
stated require.
I'm the @trial Of the present case,
there seems to have been the fullest
disclosure, 50 far as the court thus
Tar has observed. of departmental
documents and records. both in gen
eral and in particular. In any way
relating TO or concerning the issues
In this case. quite few of such docu |
nents having been marked 'conf1den- |
thai or, perhaps, as some OF them, |
secret
1T, during the course Of the trial, !
h sho0ld develop that information is |
sought to be ELECTED, in the form of |
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