Evening star., 1926-12-15

remotely, in a determination probably
founded in truth.
You must bear in mind that the
circumstances themselves must be
proven,g they cannot be presumed.
Furthermore, the circumstances prov
en- and relied upon must support the
hypothesis or theory they are adduced
20 prove, and if the circumstances in
evidence may, in your opinion, be
@qually consistent with the guilt or
with the innocence of the defendants,
you should view the same in the light
of innocence. You should also keen
in mind that you cannot decide any
material fact in the case without con
sidering all of the evidence, viewed
in the light of relation, or lack of rela
ton, as the case may be, of facts to
ZACH other You cannot pick out one
piece of evidence, or one circumstance
and view that alone; you must view
it in its relation to all of the circum
stances and all of the other evidence
in the case, which you may find to
have been established to your salts
faction.
Result No Justification.
Certain evidence has been intro
duced in the case concerning the mat
ter of the advantages which accrued
to the Government from the conS,ruc
ton of the Pearl Harbor project pro
viding for tank storage; as we'll as
other advantages secured to the
Government in the matter OF oil Stor
age at other places, and in vast quan
titles, for years to come; and, on the
other hand, evidence has been al
duced in the case concerning the fa"'
that the company or companies n
which Defendant Doheny was finan
cially interested received rights
under the two contracts and lease
of large, indeed of supposedly enor
nous, value. But you should not un
derstand that the respective advan
tages or disadvantages, as the case
may be, to the Government, on the
one hand, or to the defendant, Do
heny, or to his company or companies
the other, growing out of the con
ract of April 25, 1922, its supple
lent of December IL, 1922, and the
Ease of that date, are to be weighed
~ you in the sense or for the pur
,ose that, if you should find thai
he Government has been the gamer
~ these transactions, therefore, vot
,hould for that reason alone lind the
.efendantS hamelesS even thougs
'ou might believe and find that i'm
proper and unlawful means were uset
o bring about the result. Such ar
argument would be both morally ant
egaIly unSound. A good result, ac
ccomplished by evil methods. may
nevertheless, subject the eVildocr II
he demands of the law.
'"The end never justifies the means
If the means be evil A short state
ment of the matter is, that it Is un
lawful to do even a lawful act If Its
accomplishment is brought about by
criminal or unlawful means. On the
other hand, if the object to be oh
tanned is innocent and lawful, ant
the means used are also innocent
then, of course, there Is no conspir
acy. In this case, it Is charged thai
defendant Fall, instead of keeping hi
mind and judgment free from par
tiality, bias and prejudice, entered
into a secret and corrupt agreement
with defendant Doheny, by which
the latter was to give to Fall, and t~e
latter was to receive, a large sum o1
money, 100000, as a loan or gift
whereby, so it Is charged, the United
States was to be deprived Of his. thai
is, Falls. honest, impartial, unbiased
and unprejudiced service. as 7cretary
of the Interior. The defendants in
sist that that is not so, and that the
100000 transaction was bona fide
personal loan, having no relation
whatever to the matters and things
charged in this indictment; and thai
it did not, in any way, affect Fall In
his official capacity as Secretary o1