Evening star., 1926-11-28
OIL CASE TO BRING
WEEK OF BIG ISSUES
Judges important Ruling on
Doheny's Testimony Leads
Off Tomorrow.

The conspiracy trial OF former
Secretary Albert B. Fall Of the In
terror Department and Edward L.
Doheny, multi-millionaire Oil man,
enters its second week in Criminal
Division /, District Supreme Court.
tomorrow morning at $50 o'clock
with the promise that the immediate
succeeding days will bring important
developments.
Chief among them and around
which interest is centered at the
moment, Is Justice Adolph A. Hoeh-
ling's decision on the Government mo
ton to place In evidence testimony
given by Mr.. Doheny January "a,
1924, before the Senate oil investiga-
ton committee which relates, in de.
tail, the story Of his loan Of $1,000
to Mr.. Fall. and which the latter
previously had maintained was ad-
vanced by Edward B. Mclean. Wash
ington newspaper publisher.
The disposition Of this matter by
Justice Hoehling who, because Of the
gravity and importance Of the ques-
ton, reserved decision Friday after
noon, when opposing counsels three
and One-half hour arguments were
concluded, in turn will produce an ex-
hibition Of legal tactics and strategy
yet unseen in the trial.
Important to U. S. Case.
The admission Of Mr.. Doheny's Sen
ate committee testimony is important
to the Government because it will eS-
tablish, as prosecution evidence be-
fore the jury, the heretofore unproven
fact that Fall received the 500, 900
loan from his friend and co-defendant.
Once this is in the minds Of the jury
all the Government needs to complete
the famous loan story in the way Of
legal evidence is to bring in Graham
Youngs and Charles L. Little, officials
Of the Blair & Company, New York
Bankers. from which institution Ed
ward l.. Doheny, jr., withdrew $780,
600 and brought 1t to Washington.
Denial Of the Governments motion
by Justice Hoehling, it is contended,
will make 1t necessary for special
prosecutors, Owen J. Roberts and
Atlee Pomerene, to call young Doheny
to the stand as their witness and have
him relate the facts about the advance
Of funds. The Junior Doheny, how.
ever. is under indictment on a charge
Of bribery and II he chooses, he can
refuse to testify.
Just what position Attorney Frank
J. Hogan has taken with respect to
1IOACIly JALAOA tCoIAAyAA6s CtOIA IAOQ6n
he Is under Government subpoena,
was not revealed last night.
Other Ways to Prove Facts.
While it would appear on the sur.
face that denial Of the Government's
motion and refusal Of Doheny's son
to testify would blast the hopes Of the
prosecution to get the loan story be.
fore the Jury. 1t was said last night
that such is not the case. A repre-
sentative Of the Governments stan
Of counsel let It be known there were
other available sources to draw upon
for this evidence.
The effect Of the defense case Of q
denial of the motion was represented
last night as being distinctly favorable
to the cause Of Mr.. Fall and Mr..
Doheny. Opportunity then would be
available for Mr.. Hogan to place his
own story Of the loan before the
twelve men, as a part OF the defense,
when in reality it should be part Of
the prosecutions case. Mr.. Hogan.
in his opening statement, indicated he
might offer this as defense evidence
and then proceeded to give to the
jury. in minute detail. the facts, as he
sees them, the motives which actuated
Mr.. Doheny's advancement Of the
sum through his son and the reasons
for guarding the demand note given
by Mr.. Fall.
The muttlated note. understood to
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