Evening star., 1926-12-03
WILBUR IS CALLED
IN OIL CASE; HOGAN
HITS INTERFERENCE
Doheny Counsel to Ask Why
Documents Are Refused by
Naval Secretary.
WILL ASK IF OFFICERS
ARE TOLD WHAT TO SAY
Balm Letter to Fall Expressed Hope
of Making It Easy" for
Californian.
Frank J. Hogan, chief defense coun.

Frank ]. Hogan, chief defense coun-
sci for Edward l.. Doheny in the
Fall-Doheny conspiracy trial. an.
nounced this afternoon that a supoe-
ma had been issued for Secretary of
the Navy Wilbur for his appearance
in court The defense, Mr.. Hogan
said, would ask him to explain why
he had refused certain documents
asked for by the defense and also If
he had interfered with naval officers
who are soon to testify for the de-
PENDANTS.
Mr.. Hogan is considerably vexed
over what he termed the lack of CO.
operation, and in particular he
wishes to know if Rear Admiral J. X.
Robson, star defense witness, was in
structed as to his testimony or lack
of testimony to be given on the
stand Mr.. Hogan said he had been
reliably informed that Robson, after
he had been subpoenaed, was called
into Secretary Wilbur's office and
given written instructions by the
Secretary not to answer certain queS-
tions that would be asked him.
Wilbur, Hogan said, was due to
appear today, but was excused owing
to the cabinet meeting. Mr.. Hogan
said, however, that he probably would
take the stand early next week.
Balm Ends Testimony.
Owen J. Roberts, chief counsel for
the prosecution, closed his croSs-eXam-
ination today of DIR. Fl. Foster Balm,
former director of the United States
Bureau of Mines and one of the star
witnesses for the defense.
Roberts produced and had identified
by DR.. Balm a letter written by the
witness from Los Angeles, Calf, May
12, 1922, ar>l addressed to Fall at
read the letter to the jury. Balm, ac-
cording to the letter, had notified FAN
that representatives of the Standard,
General Petroleum and Union Oil COM
panies doubted the legality of the
executive order of President Harding
transferring the naval oil reserves to
the Interior Department AMI in con-
sequence the situation was compli.
Gated.
None Of us wants Mr.. Doheny to
get into trouble and / take it we will
want to do anything we can to make
it easy for him." he wrote.
Bain's letter suggested that the At
torney General be asked to put into
writing the opinion said to have been
expressed informally by him on the
legality of the oil reserve transfer by
the Harding order and that the In
terror Department join with some
small oil company in a friendly suit in
a Federal Court to bring out a court
decision on the legality of the propo-
sition.
The ross-examination by Mr.. Rob
erts developed a number of high
points considered favorable to the
Balm told Fall early in 1922, upon his
return from the coast, that but one
bid could be expected and that was
from the Pan-American Petroleum
& Transport Co., as the other bids
were only partial, due to 'teaming
up of oil and engineering companies.
Other facts developed were:
That Balm told Fall prior to his
departure for New Mexico April l,
1922, just before the bids on the con-
tract were opened, that because of
the legal complications involved it
would be difficult to get satisfactory
bids.
Told to Avoid Decisions.
That Fall, before he left Washing
ton, instructed Balm and Assistant
Secretary Finney not to close any
contract without advising Fall and
not to exercise any independent action
without referring it to him.
That the opinion of Oscar Sutro,
counsel for the Standard Oil Co, hold
ing the contract would be Illegal was
given to Fall and Finney, but no So
licitor of the Interior Department was
called upon for an opinion.
That representatives of the Pan.
American Co. and the ]. G. White En-.
gineering Co. conferred on royalties
to be charged in the contract before
the bids were opened.
DIR. Balm was followed on the wit.
ness stand by Admiral Luther =.
Gregory, United States Navy. >chief
of the Bureau of Yards and Docks. He
described in detail the plans Of the
bureau in connection with the con-
struction of tanks at Pearl Harbor
for the storage of oil
Renews Cross-ExaminatiOn.
Mr.. Roberts pitched into the cross
examination of Balm, which had been
halted by adjournment yesterday, as
soon as today's session started.
The special Government prosecutor
covered many of the questions Mr.
Hogan had asked and the answers
shed no more additional light on the
subject than when first given under
direct examination.
Mr.. Roberts soon began touching
on questions, however, replies to
which had not been given on direct
examination. One of these dealt with
the fact that after Balm had had
conference with Doheny on the West
coast in January, 1922. he wrote a
letter to the J. G. White Engineering
Corporation suggesting that this
corporation team up" with Doheny's
company in handling the Pearl Har-
bor project.
Mr.. Roberts then demanded of the
witness if on his return to Washing
ton he had suggested to Assistant Sec
retary Finney that an informal opinion
on the legality Of the contract be
obtained from the Interior Depart.
ment solicitor. But DR.. Balm replied
he had not
Mr.. Roberts turned to the matter
of proposals for the Pearl Harbor
project. which was mailed out Febru-
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