Evening star., 1926-12-11
OIL CASE EVIDENCE
ALL IN; ARGUMENTS
|MAY BEGIN NMONDAY
Defense Fails to Put Fall on
Stand-Jury Expected to
Get Issue Wednesday.
REBUTTAL TESTIMONY
TAKES UP LITTLE TIME
Court Adjourns Before Noon Until
Next Week-John Mccormack
Witness for Doheny.

Two hours after counsel for Edward
l.. Doheny. oil magnate, and Albert
h. Fan. former Secretary of the In
terror, on trial here charged with con-
splracE to defraud the Government,
rested their cases, Owen j. Roberts,
special Government prosecutor, closed
his rebuttal. and with no surrebuttal
from the defense court was adjourned
at II 80 O'Clock this morning until $50
O'Clock Monday morning. when pray
efs Tor instructions to the jury will
be made.
Mr.. Roberts parting shot at the de-
fens4 was given to the jury through
Comdr. +. r. Lands. u. :. ~. retired.
formerly in charge Of the naval oil
reserves. who testified that Fall on
August >, 1921, told him in San Fran
cisco that DOheny had been in Wash
inSton complaining he was paving too
high royalties on oil which he had
not yet produced. The witness added
that the first well brought in on the
Doheny lease was two months after
the conversation occurred. and that
Mr.. DOheny had not paid any royal
ties because there had been no oil.
May Go to Jury Wednesday.
Indications were that the jury would
not get the case until Wednesday.
While no announcement was made. il
Is expected the court will allow one
day 10 each side for argument. 4
part of Monday is expected TO be CON
sumed in the settlement of the prayers
or instructions to the jury. These
instructions are usually incorporated
in the charge of the court at the
conclusion of the arguments Of counsel.
While the testimony and evidence
offered by Attorney Frank j. Hogan.
chief of counsel for Doheny, was
voluminous and lengthy. and included
Fall in all the principal points, the
former cabinet officers attorneys lin
tied their clients defense TO the
presentation of two character wit
nesseS yesterday afternoon. Mr..
Fall did not take the stand in his
own behalf. while Mr.. Doheny spent
the larger part of two court days
in the witness chair.
Counsel for Doheny and Fall for
mally rested their cases at 9:44 o'clock
today, and Roberts began presentation
of rebuttal evidence.
Although he had virtually rested
Dohenys defense yesterday after
noon, Attorney Hogan reopened the
case this morning long enough
10 permit John Mccormack, con
cert singer. TO give IL glowing in
dorsement of the honesty. integrity
and patriotism of the multi-mil-
lionaire oil man. Immediately after
Mr. Mccormack left the stand Hogan
rested the case and no sooner had
the words left his mouth than Will
TON j. Lambert, chief counsel for
Fall, announced: we also rest.
Two Testify for Fall.
Lambert's action came as dis
tinct surprise although il had been
expected that Falls case would he
brief. The witnesses called in behalf of
Fall late yesterday Afternoon were
Postmaster General New. with whom
Hall served for period in Pres'-
dent Harding's cabinet. and Charles
Bassett, FL Paso. Texas, banker.
They both testified in the capacity
of character witnesses. the former
stating Falls reputa tion for honesty.
integrity and patriotism was good
and the latter declaring 1t was very
good"
Mr.. Roberts rebuttal evidence was
to the effect that Secretary of the
Navy Denly was reluctant to act on
the PROPOSAL placed before meeting
of the Navy Council October is. l92l,
TO dispose of the Navy's royalty Oil
as a means of constructing fuel tanks
The Secretary was quoted In Stell-
oGraphic report of the meeting as
preferring to take the matter up WITH
Congress. although he had been as
sured by several officers present, III.
Guiding the Judga Advocate General
that the undertaking would be legal.
Bids on Fuel Oil.
Through Rear Admiral Charles
Morris. chief of the Bureau of supplies
and Accounts Mr.. Roberts sought To
show that from 1922 until the ilsChi
year ending 1927 bids for fuel oil for
current Navy use at San Pedro, CaIil-'
we're awarded in the ma iority Of cases
to concerns other than the ParAmer-
lean. with which Mr.. Doheny Is
prominently identified.
Combating this. Mr.. Hogan hy his
questions to the witness. showed that
the Pan-American Co. did not possess
a refinery until the year 1924. during
which il was awarded the bid Cor
> .OOO. 900 barrels for the year, July
i. 1924 to June 80, 1925.
John Mccormack Witness.
On the opening of court MIR. Hogan
the Government that MIR. Falls
travels during the time covered hy
the indictment were: Left Washington
July 81 1921 and returned October
II. 1921; left October % and returned
October %. left December ! and re.
turned january -, 1922: left April
13 and returned 10. and left October
and returned November 27.
Mr.. Hogan then called John Me
Cormack to the stand.
What is your profession" asked
Hogan.
Singer. sir
How do YOU use your procession:
Concert work"
"IIow long have YOU been engaged
in your profession
'Practically since 1904."
Where have you been following
your profession"
"Ali over the world"
Have you engaged in any civic
work.
Il have given concerts for charity
and during the war co-operated with
The Red Cross and similar organi-
cations"
How long rrve you known Mir.
Doheny sr.?'
Intimately for 1e years.-
do you know others VINO know
him?'
IT certainly 90. hunSreds.s
What Is his reputation for honesty
and integrity"
Looking at the ceiling for a moment
Continued on Page 8. Column 81