Evening star., 1926-12-14

referred to reasonable doubt as basis
for conviction.
After he had concluded he asked the
Jury: Gentlemen, what reasonable
doubt have you? Do you doubt DO
heny's own word? Do you DOUBT falIs
own admission to Chase? DO yot
doubt the transaction of 100000 be-
tween Doheny and Fall? Do you
doubt that Doheny realized ne knew
It would make Fall favorable to him?
Do YOU doubt that Doheny's PROPOSE
ton was a purely business proposition
when he said so? Do you doubt ms
own statement that he wanted to MAKE
his company u great company! Tnat
his oil lands were not produclne
much? Do you doubt his statement
that he expected to make proft OF
500 ,00O, 900? Do you doubt the pa
was made without competition? What
do you doubt?
Don't take this case from anything
but written documents and Doheny's
testimony from the witness stand. -
"Where do you get your doubts II
they are not from sympathy or inge-
nuity Of counsel?"
The prosecutor told the jury the
value of a good reputation, adding
that in many cases it is the refuge
a person has who has been wrongly
accused, But he attacked the charac-
ter of a trusted employ who would
make a private transaction with a per"
son having business with his employer
and when the benefit went to the prl-
yate contractor. "One hundred thoh-
sand dollars invested In Fall Is
bring q return of $100.000.000 to the
investor, but YOU are asked to put
your stamp of approval on the trans
action" " Roberts declared,
you are asked to put your .. X.
on 1t and say that's all right for Gov
ernment officials to do these things we
have seen done here"
Mr., Roberts said that despite de-
fense testimony that the OIL estimate
of No. l reserve was only 100 ,0O0.0O0
barrels. he was positive the area con-
tanned 240,O00,000 barrels, and added,
What profit"
War Scare Is Ridiculed.
This is said to be patriotism. and
you arc asked to wrap the United
| States flag around Doheny and call
him a patriot and a savior Of his
country. You are asked to say that
the foreign policy of the United States
is to be gotten by some admiral run
ming to private citizen and saying,
'Shssshh, let's save the country
agreeing to scrap navies and when
| the treaties were approved by the
Senate, this admiral (referring to
Robison) was tiptoeing around with
a war scare in his pocket. Do you
believe it? I don't.'
Mr.. Roberts concluded his argu-
| ment by explaining he would not
| thank the jury for its attention to
the entire proceedings, because 1T
| was your duty, just as it is mine. for
which / expect no thanks
He reminded them that they must
"do the right thing In this; that you
| must have the courage to write a
verdict Of guilty or not guilty. Gen
| tlemen, I say, decide this case upon
the evidence in this case as tested by
| your business judgment and common
sense. Be not swayed by prejudices,
passion or sympathy. There is no
place in the courtroom for such. Be
not swayed by the fact that the United
| States is prosecuting-it is entitled to
no more consideration than the County
| Of Podunk. Be not Swayed by the
standing or wealth of the defendants.
They are entitled to just as much as
| If they We're the humblest residents
Of this District of Columbia. Make
a deliverance here that comportS with
| your consciences, and when it is writ
| ten in this record it will stand four
square as representing your con-
sciences. You will be satisfied with
the result of this case and every
American citizen will be found to be
satisfied with your verdict.
Mr.. Roberts then sat down. 1t was
1850 o'clock and Justice Hoehling
permitted u 10-minute recess.
The Government prosecutor late
yesterday went into the story of the
500 900 loan Doheny made to Fall.
I'm the month of November" he
declared, while these men were dis
cussing this Pearl Harbor project,
while they We're discussing Mr.. Do
heny's becoming Il contractor with
the Government. something happen
ed, and do not have to tell you what
1t was. You know. AT the same time
Secretary Fall was discussing with
Mr.. Doheny his need for 100000.
And Mr.. Doheny was saying that If
he needed it he would let him have
it,
Method of Delivering Loan.
After detailing various ''easier"
methods Mr.. Doheny could have ,em-
ployed in getting the 100000 to Wash
| ington, instead of through his son
and in a little brown satchel,' Mr..
Roberts said: THAT has been referred
to by these parties as loan. Gentle
men, it is for you to say. Gentlemen,
it is for you to decide whether that
| transaction was bona fide loan of
one old friend to another, and that is
| all. And II 1t was, it was"
"Why did he send his SOM" MIR.
Roberts asked. 1.-TWO reasons. If he
sent his son no other human being
knew of the transaction but his own
blood. If he sent his son to the Ward
man Park Hotel, where Mr.. Fall lived
the Doheny's, as you heard here,
had lived there, were we'll known
there, known to be friends or the
Falls--no comment on that. no notice
| taken of it that young Mr.. Doheny
should call on Mr.. Fall. Absolute W1p-
| ing out and obliteration of evidence
of the transaction. >
"Now, then, why was all secrecy
observed, gentlemen? Do need to
argue it to you? Do I need to labor
| that kind of question with you in
| teligent men? It was concealed be-
cause IL it had become public both
those men knew they would be ruined.
ruined.
"Mr. Doheny said that Fall was
| necessitous and he knew it. He said
Fall could not pay this money back
promptly and he knew it. And yet he
asked demand note. And the de-
mand note means the day after he lent
| Fall the money he could walk in and
lay down the note and say, Fall, give
me back the money. Pay me-
Demand Note Discussed.
Why did he take a demand note?
| If Fall could not pay for long while,
If it We're a reasonable and proper
transaction, why not a year note, a
two-year note? But. gentlemen, with
ACKNOWLEDGEMENTS
.NNW~z Z