Evening star., 1926-11-27

raised, because no person giving TEST
mony before a committee or Congres.
has subsequently been indicted an"
an effort made by the prosecution "
use his testimony in q criminal trial
Justice Hoehling has no precedents I"
guide him in reference to the use OF
such Testimony and by his decision
must blaze the trail.
Counsel for DOheny and Fall rely or
the wording of the statute that no
testimony given before committee of
Congress NAV be used in Crlmlna
case. They assert this statement l.
all-embracing, with the sole eXcep
ton of a prosecution for perJur%
against a witness making false state
ments before such committee. Ihey
claim Doheny was sworn and gave his
testimony and such testimony may
not be used against him.
Government counsel take di1erent
view of the statute and regard IL aS
granting a personal immunity 10 the
witness when required to testify, but
not as covering volunteered stat"
ments. AS it is a personal privilege
they contend the witness may WaiVr
his immunity and testify or he must
claim his immunity if he is TO be pro
tected by the enactment.
May COmplicate u. 5. Task.
The effect of the decision should II
be adverse to the Government would
be to make it more difficult for tn"
prosecution to prove that DOhenN
made the loan of $4,000 to Fall.
The Government has evidence that the
Harris ranch was purchased by Fan
for $91 500 after he had said he did
not have the money. They will ais"
L Iasr- @
Of New York that 100000 was with
drawn from the private account Of
Edward l.. Doheny, jr. This leaves
gap as to the receipt of the money
! by Fall, which was expected to be
filled through the testimony of Do
heny before the Senate COMMITTEE
| that he had made the loan to his
old-time friend.
! What effect will the decision hav,
on future Investigations by COngres~
should Justice Hoehling hold with tn
Government? Attorney Levi IL.
| Cooke, for Mr. Fall, claimed that an
adoption of the Governments inter
pretation would hamper Congress in
future Investigations, because wit
nesseS would be inclined to be less
frank if they knew that no immunity
attached to their statements befOr"
the committee.
Trouble Seen in Future.
Attorney Roberts in the course ui
his argument yesterday pointed ouL
that if the court should hold that i'm
munity attached to volunteers appear
ing before congressional committees.
then persons who feared that evidence
would he disclosed against them WOull
rush to the committee hearings t.
make statements in the hope of WaISl
ing off possible prosecution.
The two defendants spent the
morning and planned to utilize
the greater part of the afternoon anu
tomorrow in consultation with their
counsel. These conferences, it was
explained, involve a continuous recita
ton of the defense case, but also
serve to meet any new facts that may
be developed from the GOvernmept
tactical moves.
Mr.. Roberts left for Philadelphia
this morning, to return tomorrow eve
ming, and former Senator POmerenc
| was in conference with Senator SmoOt
Of Utah at the latter's office. Senator
| Smoot accompanied Senator LenrOot
| of Wisconsin to Wardnan Park Hotel
| in December, 1923, where they 10
ceived from Mr.. Fall the declaration
that Mr.. Mclean had loaned him the
100000 with which he bought the
ranch adjoining his own at Three
| Rivers, y. Mex.
The Jury, meanwhile, is taking the
! resDite offered from court attendance
! in good humor and apparently witt
an air Of relief While still chaffinE
| somewhat over their enforced incar
| ceration, they are more or less re
signed TO a situation which it is now
| too late to alter.
Have Stimulating Walk.
This morning their routine wa
/ broken pleasantly by an hours briSi,
walk after breakfast at the 81
James Hotel, in the custody of their
| two constant guardians, Deputy
| Marshals Edward j. Sackey anu
| William Mullin. They appeared to
| enjoy the brief experience OF touching
| elbows with the public again. While
| the file Of jurors, two abreast, strode
| through the downtown section they
attracted some attention, though most
| pedestrians ignored them in passing.
! Back in their quarters in the court
| house they whiled away the time uD-
| til their next meal, which furnishes
the only regular break in their daily
| routine.
Tomorrow they will be given the
treat of another twO-hour bus ride
about the city. Those who prefer the
phonOgraph and censored SUNDAY
newspapers may remain In their
quarters. There will be no oppor-
| tunity, however, for church attend
ance Since the marshalS are endeay-
| oring to avoid criticism, it Is not
| thought advisable to permit any Of
/ the jurors TO go to- public services.
| And as no one Is permitted to enter
| the jury'S quarters except officials of
! the marShal's Office, Of course no
clergy can visit them there. Bibles
have been supplied along with other
| reading matter.
Former Secretary Fall. one OF the
| two defendants in the case. spent his
| sixty-fifth birthday in court yester-
| day. Despite the tremendous strain
of the conspiracy trial. Mr.. Fall Is
| bearing up cheerfully under the on
! deal.