Evening star., 1926-12-04
W|LBUR'S ORDERS,
S|LENC|NG robson,
ADM|TTEDAT TRIAL
Naval Secretary Said Conf
Dental Facts Must Not
Be Disclosed.
OFFICER THEN TESTlFIES
ONLY IN GENERAL TERMS
Told Doheny Coast Defense Re-
quired Oil Storage Tanks in
Hawaii, He Adds.

A letter from IuTIlS L.. w cON-
retary of the Navy, to Capt. John *
Robson, retired, one of the star wit
nesses for the defense in the Fall-Do-
heny conspiracy trial in Criminal Di-
vision No. ] Of the District Supreme
Court, was admitted in evidence today
by Justice Hoehling. Secretary VIII
bur in the letter directed Robson not
to disclose any conf Dental informa-
ton which he received while chief of
the division Of engineers of the Navy
Department.
Attorney Frank j. Hogan, attorney
for Doheny, in insisting on the letter
going to the jury. contended that the
Secretary of the Navy was attempting
to influence the testimony Of the
officer Owen J. Roberts, chief of the
prosecution. declared that he and his
associates had nothing to do with the
letter Of Secretary Wilbur. but assert
ed they considered it irrelevant and
as furnishing nothing to advance the
decision of the issues involved in the
case on trial.
Caution in Answering.
Justice Hoehling in permitting the
contents of the Wilbur letter to go
to the jury said that the witness
should claim a privilege of not reply
ing if any questions We're put to him
which in the judgment of the witness
and for reasons Of public safety. in
terest and concern should not be pub
licly answered. The court would then
pass on the matter and the response
bility would be on the court. The
letter itself is not privileged, the court
decided.
Justice Hoehling went back as far
as 1903 to the cause of Marbury VS..
Madison. when Chief Justice Marhsal
held that the Secretary OF State
could be required to answer. whether
certain commissions had passed
through his office. because the fact
could not have been communicated
confidentially to him. The court also
referred to the case of Aaron Burr in
which it was held that subpoena
could issue against the President of
the United States for letter ad'
dressed to him by military officer
summoned as a witness.
The case was adjourned at noon
until $50 Monday morning.
Wilbur Letter Is Read.
/ The Wilbur letter as read to the
jury follows:
at appearing that YOU are under
subpoena as a witness in the case of
the United States versus Fall and
Doheny now on trial in the Supreme
Court of the District of Columbia,
you are advised that confidential in
formation contained in Official records
Of the Government may not be dis
closed directly or indirectly by an Off
Ger Of the Navy who may have had
-, -f,.@, of IL nA9
cial duty and that the giving out of
such records or any copies or any
information contained therein or any
confidential information acquired by
an officer in the course of his official
duty is contrary to public policy and
cannot be permitted.
"CURTIS D. WILBUR"
Robson on the stand this morning
refused to divulge certain information
that he had given to Doheny in an
effort to induce the oil magnate to
submit a bid on the Pearl Harbor
project. Justice Hoehling was ap-
pealed to by Mr.. Hogan and after the
court had instructed the witness to
repeat the conversation, Robson de-
clared the information was of such a
nature that he could not do it. He
preferred to confer with the Secre-
tary of the Navy, he said, and then
Justice Hoehling suggested he omit
names of any foreign power or per-
sons involved.
Robson still maintained he should
not answer the questions, and when
Justice Hoehling said he could not
understand why the general subject
matter could not be disclosed. the wit
ness agreed under this limitation Of
| general The court reminded the
l,o oil 1x-l l,oH StofH6 tho ~
tracts were necessary for the security
of the Pacific Coast.
Told DOheny Of Situation.
Robisons testimony as to what he
told Doheny was: Il told Doheny
about the military estimate OF the
situation so far as naval strength is
concerned, based upon then existing
conditions of bases built or building
and of organization. l informed him
Of detailed increases in their naval
strength and of preparations for pos
sible military operations of other than
American powers
Against American powers?" asked
Mr.. Hogan.
The witness proceeded deliberately
weighing every word.
Il informed him of the sort of
defense that it was necessary for
us TO accomplish In Oruer TO prevent
possibility of invasion of the Pacific
Coast and l linked the security of
the Pacific Coast and the safe ac-
complishment of national defense
with the establishment Of fuel oil
bases at Pearl Harbor."
Mr.. Hogan inquired Of the witness
il the information he disclosed to
Doheny under the pledge of secrecy
had been reported by Admiral
Gleaves Of the Asiatfc fleet. and after
a moments hesitation Robson re-