Evening star., 1926-12-12
AND DOHENY
TOKNOW FATE SOON
Case Likely to Go to Jury by
Middle of Week--Each
Side to Get 6 Hours.

Albert B. Fall and Edward L..
Doheny. charged jointly with con-
spiracy to defraud the Government in
connection with the Elk Hills. Calf.
naval oil reserves, may know their
fate next Wednesday at the hands Of
the jury in Criminal Division l of the
District Supreme Court.
For the defendant Doheny an
acquittal at this time probably will
mean the end of the, Governments
prosecution of its criminal indict-
ments against the 70-year-old former
prospector and multimillionaire oil
man. With his son, Edward l..
Doheny, jr., and Fall, the picturesque
oil magnate Is under an indictment
for alleged bribery. but it is not GER
tain that the Government would press
this case against the three defendants
in the event the conspiracy charge
collapses.
For Fall, however. acquittai or con-
viction in the conspiracy case means
only a temporary respite from Grim
inal prosecution. Across the hallway
from Criminal Division l, where the
former United States Senator and
Secretary of the Interior has been
on trial for the last three weeks, is
Criminal Division 2, where Justice
Jennings Bailey presides. Soon after
New Year or before January 10 the
defendant Fall must stand a second
trial on a conspiracy charge, this time
with Harry F. Sinclair, to whom the
Government leased the famous Tea
not Dome reserves In Wyoming.
Will Soon Go to Jury.
When counsel for Fall and Doheny
rested Yesterday, after one of the
most dramatic weeks of criminal
court history in the District, 1t was
the consensus on both sides that the
case would be ready for~tte jury next
Wednesday, If not Tuesday evening.
In the latter event, 1t Is the under
standing that Justice Adolph A.
Hoehlinc would prefer to give the
10 Jurors the benefit of a. nights rest
and Sleep before finally intrusting
the case to their Judgment. So
"Wednesday at the latest Is the day
the case Is expected to go to the jury.
For the IL jurors, also, the end OF the
trial will come as great reller.
since it opened, November %. three
weeks ago, they have been kept under
lock and key in temporary quarters
above the courtroom. During this
time they have not been permitted to
communicate with the outside nor
directly with their families.
At the conclusion of yesterdays
brief session, after counsel FOR FAN
and Doheny had rested their cases
and the Government had ended its
rehuttal, Justice Hoehling announced
-. oz,,rf cfoOd adjourned until to-
morrow. morning at $50 o'clock. Be
fore doing so he consulted with c, un-
sci for both sides relative to the time
that would be required for the presen-
tation of their prayers and the general
summing up of testimony.
Each Gets Six Hours.
IT was announced that each side
would be given six hours. or prac-
tically a. whole court day, in which to
sum up or review. Under this ar
rangement It is hardly probable that
the case will get to the jury until
shortly before noon on Wednesday.
Attorney Owen ]. Roberts, who has
borne the brunt for the prosecution, as
Frank J. Hogan has done for the de.
tense, will open for the Government
tomorrow morning. He will not con-
sune all of the six hours allotted to
the Government, reserving time for
former Senator Atlee B. Pon1erene.
his associate, in rebuttal.
After Mr.. Roberts has concluded
tomorrow, Mark B. Thompson Of New
Mexico and Wilton j. Lambert, coun-
sci for Fall, will sum up for the for
mer cabinet officer. They will be
followed by Frederick Kellogg Of New
fContinlIed on Paue q Column -