New Britain herald., 1926-11-29
DOHENlS STORY
IS ADMISSIBLE
Defense Loses Important Fight
in Conspiracy Trial

Washington, Nov. 20 P-Edward
L. Doheny's own story Of his $780,
GOO, transaction with Albert q.
Fall. as told before the senate oil
commission. was admitted in evil
dence today in the Doheny-Fall oil
conspiracy trial.
Victory For Prosecution
Justice Hoehling's decision plac-
ing the senate committee records be-
fore the jury was sweeping VIC
tory for the prosecution, but Is ex-
pected to become one basis OF an
appeal by the defense in case the
former cabinet official and the oil
man are convicted.
The justice acted after long argu-
ment by attorneys. who presented
their contentious while the jury was
excluded from the court room.
The decision opened the way for
the prosecution to continue its pres
entation of evidence on which 1t
hopes to prove that the 100000
was part of a conspiracy which re-
suited in award of the Elk Hills oil
lease to Doheny while Fall was sec
rotary Of the interior.
Opinion Was Sweeping
The courts opinion was sweeping.
II overruled every objection raised
nv the defense and permitted the
statement made to re committee by
Fall to go before the jury along
with that of Doheny. In his state
ment, submitted to the committee
in writing. Fall said the 100000
with which he purchased additional
ranch property in New Mexico came
from Edward B. Mclean, publisher
of the Washington Post.
Prosecution attorneys indicated in
their opening statement that they
regarded it as important to their
case to show that the former in
terror secretary sought to conceal
the source of the money.
The Dohcny Testimony
The Doheny testimony was given
before the committee in January,
1924. when the oil magnate Ip-
quest and said that to aid Fail. an
old-time friend, he had advanced
the then cabinet member $4,000 MS
a private loan. The cash was sent
to Washington in custody of Edward
L. Doheny. Jr.. and Fall gave in re-
turn a note which was produced
before the senate committee with
the signature torn off
Justice Hoehling held that Meth
er the Doheny testimony nor the
statement of Fall constituted evid-
ence within the meaning of Section
$50 of the revised statutes, which
prohibits use of congressional testi-
mony In subsequent criminal trials
involving the person testifying. The
court noted that the oil man had
appeared before the committee vol
unfairly after he had previously
testified in response to a formal
summons and that the Fall state
ment was submitted on Falls own
initiative.
The justice quoted Doheny's state
ment before the committee in which
he said. In requesting permission to
appear the second time:
Was Voluntary Statement
Il wash to state the full facts to
tbs committee and to the public"
Such a statement, said the court, !
removed all suggestion Of compul- (
sor. testimony against sef-interest, |
in contN> ention of the fifth amend
ment of the constitution.
The lawyers arguments on the
point were concluded Friday, and
Justice Hoehlings decision was
read from the bench as soon as
court met this morning. The jury, !
excluded from the courtroom dur
ing the argument, then was recall
ed and government counsel resumed .
their case with the reading of Falls
committee statement.
That was followed by the reading
OF Doheny's testimony. In both
cases Owen ]. Roberts OF govern
mont counsel, read the testimony to
the jury. Frank ]. Hogan. attorney
for Doheny. laid the basis for a pos
sible appeal by entering formal ex-
ceptiorls.
Roberts also read supplemental
statement submitted to the senate +
committee on the day Of Doheny's
appearance by Gavin McNabb, who
accompanied the oil man as his at
torney. This statement urged an
examination into the negotiations
which eliminated in the Doheny
leases and contracts by govern
mental board of experts appointed
by the president. If such inquiry,
the statement said, revealed any
unfair terms for the government,
the Doheny interests would restore
the lands involved without contest
or remuneration beyond the actual
cash outlay of the oil company since
tho co0 rluciop of tba n ore n111e emf