Evening star., 1926-12-15

present trial will serve merely as the
first big round of long legal fight
since the defense would move imme
diately to appeal to the higher courts
In that event a fight ali the way to
the United States Supreme Court
would be the aim.
For the defendant Fall, however
an acquittal in this case means only
a temporary respite from criminal
prosecution. He is soon to stand
trial with Harry +. Sinclair on a
conspiracy charge in Criminal Dl-
vision l of the District Supreme Court
In connection with the Teapot Dome
lease.
Crowd on Hand Today.
When court reconVened at $50
o'clock this morning, for the final
s+ape of the trial whi>h has been
in nrogress since November %, an
,,n,lsuaIlv large crowd was in attend
aoee 10 hear Mr.. Hogan chief coun-
ael for Doheny, conclude MS Hnai
are1nent Tor the defense. Taking up
rhe line of his argument where he lett
off last night, Mr.. Hogan declared that
The Governments oil policy had beeh
strictly adhered to and unaltered py
Fall until November 20. 1922, When
III WAS ciIdAESi a. tAAS 'ANSA -
tary of the Navy DENLY.
MIR. Hogan launched into a discus
sion of the preferential right clause OF
the December II, 1922, lease ana con-
tract. which the Government stresses
as one of it's most important lacts IN
charging a conspiracy between tle
Two defendants The defense attorheH
= declared that DOheny never heatu "a
s tte preferential right clause during the
aHI that "it was born
II, the legal mind of j. j. Cotter, VINO
, was one of the attorneys for the Pan
American Co. in conducting the ne
gotiationS. AZ,
"Tf that was a conspiracy, Mr.
Hogan said referring to the preteren-
tial right, "it was a conspiracy IN
rrb;ch some one else entered besides
Fall or Doheny.
He declared it was not the prefer
ential right that gave the Pan-Amer-
loan Co. the lease of December IL;
..it was the war plans of the Navy
with the approval of DENLY, and the
contract that gave that lease he
declared.
Emphasized Point Again.
Mr.. Hogan again emphasized TINS
noint when he referred TO Govern
arential right clause by saying: I'VE
GOT il out of the Navy war plan. =
The defense attorney referred sar-
casticallv to Mr. Roberts reference
TO Doheny obtaining "princlpailty
as a result of the December ii lease.
He said it was correct to presume
that Doheny anticipated pront OF
S1O0, 900 900 upon heavy investment
extended over a period of 80 to 40
years.
He declared however. that Mr..
Roberts had tried to deliberately con-
vev the impression to the jury that
Doheny personally was to make the
profit when in reality it was the
company.
Picking UP the indictment charg-
ing the two defendants with con-
spiracy, Mr.. Hogan read from 1t to
show that numerous other Oil compa-
nies were competent and deslrous OF
obtaining leases of the oil reserves.
When a number of these officials
were called as witnesses, Mr.. Hogan
declared, not one of them would testi-
fy that he would be Interested in the
lease on the terms given.
Mr.. Hogan also attacked Roberts
criticism of the failure of the de-
fense to put Cotter on the witness
stand.
Lawyer as Witness.
Did you ever see q lawyer called
as a witness in his own trial?" asked
Hogan.
one of the things taught at law
schools. he declared, was that II an
attorney can prove a fact by any
other witness he should never call
a lawyer to the stand. Decent prac-
tice of law requires this, he de-
clared. Pointing out that Cotter was
I'm the employ of the Pan American
Co, in its legal department, Mr.
Hogan said that if the defense had
called him as a witness in this case
Government. counsel would have told
the Jury that they were simply get
ting testimony from a highly paid
agent of the company
Praising the integrity of Cotter,
the defense attorney, turned to the
jury and said, "You can't traduce
that boy in the home of his birth.
Never, at any time, has Cotters
reputation been assailed. he add I'd
"Can you believe he IS crooked?'
he asked the jury. God, can they
win cases by that sort of thing?
[ take the responsibility for not call
ing him for a witness, said Mr..
Hogan. You know he is an attorney
for the Pan-American Co. in its
legal department and because there
was so much law involved in these
negotiations he was called into them. "
Mr.. Hogan declared that if the Gov.
ernment wanted Cotter called as a
witness they could have done so.
Records show he was served with
three subpoenas by the Government
and came into this court in answer
to Subpoenas, yet the Government die
not call him on the stand" declared
Hogan. They did not do SO for the
anne reasons as the defense, he add
ed, because they knew all the facts
he could tell were in the records.
Robson Is Defended.
Before closing his argument Mr.
Hogan attacked Roberts again fol
his criticism of Capt. j. K. Robson
as a man who deliberately deceived
his chief and lied on the witness
stand" He also came to the defense
of DR.. II. Foster Bain. former direc
tor of the Bureau of Mines, declaring
the defense witness had served hon.
orably under three Presidents. For
mer Secretary of the Navy DENLY
also was lauded by Mr. Hogan in de
Tending him against characterizations
by the Government counsel.
Whatever yo,; may think about
Denby's fOrgetfulness." he told the
jury, you must consider his man
hood. DENLY recognized that these
leases were full of dynamite, but wher
action was required he gave the or
ders, and like a man he came into
this courtroom and took the respon
sibility.'
Explaining that while he was coun
sci only for Doheny in this case, Mr.
Hogan impressed on the jury tha
he was speaking for Fall as We'll