Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-14
SAYS D0HENY and
FALL NOT SWAYED
BY PATRIOTIC SPIRIT

Washington, Dec. 13.-(P - The
government today began it's assault
upon the structure Of defense testi-
mony in the Fall-Doheny oil conspir-
acy trial.
Owns ]. Roberts, special prosecu-
tor, began the concluding argument
for the government with vigorous
three hour plea for conviction of AL
bert B. Fall, former secretary Of the
interior, and Edward L. Doheny, vet
eran California Oil man, for conspir-
acy to defraud the government in the
leasing of the E Tx Hills, Calf, naval
Oil reserves.
He hurled verbal grenades at the
heart of the defense case with point
ed emphasis upon Doheny's 100000
loan to Fall on November 80, 1921,
upon the war scare patriotic motive"
as factor in the Pearl Harbor, Ha-
wall, Oil storage plan, and upon the
well of secrecy" which shrouded the
negotiations between Doheny and the
cabinet officer prior to the signing Of
the Pearl Harbor contract on April
26, 1922.
Touching ON the defense contention
that Doheny bid on the Pearl Harbor
project because Of anxiety over the
strategic situation in the Pacific in
1921, Roberts said in slow, deliberate
voice:
patriotism, bunk! They were out
after the business. It's SO much
moonshine."
The competition which the defense
contended preceded the Doheny
awards was described by the prose-
cutor as IAN illusory sort of compe-
tition".
Il don't think there was an iota Of
real competition" he told the jury.
This doctrine, said Roberts, al
luding to Doheny's testimony, that
he saw nothing wrong in his loan to
Fall. lis subversive to all government
Inevitably subversive to honest
government of any kind"
Attacking the defense position that
the navy departments interest in the
leasing policy precluded collision be-
tween Doheny and Fall, Roberts said
that all contracts were negotiated
land then carried out to Secretary
DENLY for his rubber stamp sigma
ture-that's all there was to that"
The concluding arguments began
after three hours of heckling and
tenders of instructions for the jury,
which probably will receive the case
Wednesday noon.
FifteeI of 2S suggested prosecution
paragraphs and 20 of 48 defense ten
wers will make up the detained in
Structions. The customary defense
plea for an instructed verdict of ac-
Quittal was summarily rejected by
Justice Adolph A. Hoehling, presid-
ing.
Half of the governments allotted
six hours was consumed by Roberts.
The defense will use the entire court
day tomorrow and former Senator
Atlee Pomerene will conclude for the
prosecution Wednesday morning.
Reading of the 'structions will prob
ably require an hour or more.
Roberts followed his assault upon
the patriotic motive with re-read-
ing of Doheny's testimony that he
believed the Elk Hills reserve might
yield a profit of S100,000,000.
The defense contention that fear
of drainage of naval oil through pri-
vate wells dictated the leasing policy
was met by Roberts with quotations
from Doheny's testimony here that af-
ter the lease was signed in Decem-
Der, 1922, extensive drilling was held
up until pipe lines and refinerieS
could be built near the reserve.
DO you suppose, Gentlemen. that
II anyone was draining Mr.. Doheny'S
oil he would not have done something
about it? He's no charitable institu-
ton"
"They talked about patriotism;
well, Mr.. Doheny has testified he
thought there might be a profit of
$500, 100000 in the reserve, and it is
in evidence that the Pan-American
Company made a profit Of $4,000 on
the oil they got in pay for the Pearl
Harbor project. Those were the only
contracts involved"