Evening star., 1926-12-10
WILBUR, ON STAND
WITH NAVY PAPERS,
W|THHOLDS AFEW
Confidential Documents Held
Injurious to Public Inter-
est if Disclosed.
DOHENY CASE TO REST
LATE THIS AFTERNOON
Oil Magnate, Cross-Examined, Tes-
titles He Advanced Fall :.
$4,000 Recently.

$4,000 Recently.
Answering a subpoena calling upon
him to produce certain papers ana
documents from the files OF the Navy
DEPARTMENT, Secretary Curtis d.. w H.
bur this afternoon brought to the fali'
Doheny conspiracy trial a large mum
Der of official. papers, excent a rev
which were regarded as OF such
confidential nature as to De injurious
to the public interest.
The subpoena had been issued by
Frank J. Hogan; chief defense coun-
sci, after he charged difficulty was en-
countered in the Navy Department In
securing these documents. Among
those produced were kilograms, cables
and wireless messages sent by Admiral
Albert Gleaves from the Asiatlc Squad
ron. between September Is, 1920, and
March 81, 1921. The extremely con-
fidential message excluded had been
similarly treated in another trial,
the Secretary said.
Mr.. Wilbur was the last prominent
person who will testify as a defense
witness for Mr.. Doheny. Mr.. Hogan
expects to rest his case this after
noon Indications at the courthouse
were that attorneys for Fall will pre-
sent a very brief case, ii at all, Mr..
Fail himself declared this afternoon
in answering a reporters question,
that the procedure involving him per-
sonally would not be "a week, three
days or two days.
Wilbur Leaves Stand.
After Secretary Wilbur had veri-
fed Mr.. Hocan's statement that he
had not produced certain dispatches
from Admiral Gleaves, he left the
stand and returned to the Navy De-
partment.
Mr.. Hogan made the announcement
that he will rest Doheny's case
at the luncheon recess and after his
client had been croSseXamined for
hours and Is minutes by Owen j.
Roberts, special Government prose
cutor, during which he testified that
prior to coming East from California
for the trial he advanced Mr.. Fall
$4,000.
Carefully going over the ground COW
cred by Mr.. DOheny yesterday after
noon, Mr.. Roberts brought out state
ments from the witness that just prior
to coming East for the trial he had
advanced Mr.. Fall $4,000. Further eff
forts Of the Government to inquire
into transac actions between the two aft
er Fall left the cabinet were blocked,
temporarily at least, by Attorney
Frank ]. Hogan, chief defense counsel,
Justice Hoehling reserving his rulings
on the questions.
Government counsel also ELECTED from
Mr.. Doheny the willing admission that
his letter of November 2S, 1921, to
Secretary Fall, containing an esti-
mate of cost to construct the Pearl
Harbor project, was a suggestion that
the Pan-American Petroleum and
Transport Co. was prepared to do
this work for the Government at this
cost
Appealed to Patriotism.
Mr.. Doheny even amplified this with
the statement. I'VE were in line to
bid for the work, when the bids were
invited" Several days later Rear Ad
miral j. X. Robson. then chief of the
Bureau of Engineering and special
representative of Secretary Of the
Navy DENLY. made the appeal to Mr..
Dohenys patriotism, which he de-
scrbed on the stand yesterday and
which, he testified was the determin-
ing factor in his company's under
taking the task.
The nature of Mr.. Roberts cross
examination of the 7Q-year-old witness
DDS he heretofore has adopted toward
defense witnesses. Instead of the
rapid-fire, laundering, sarcastic and
piercing interrogations he has hurled
at former Secretary DENLY, Capt.
Robson, DR.. II. Foster Balm and
others. Mr.. Roberts employed mild,
quiet voice, showing great conSidera-
tion for the physical condition of the
witness. Once or twice the proceed
ings were momentarily halted while
q deputy United States marshal con-
veyed some medicine and a glass Of
water to the witness.
Doheny Appears Refreshed.
Appearing much refreshed after his
ordeal of four hours on the witness
stand yesterday, Mr.. Doheny subject
ed himself to cross-eXamination by
Mr.. Roberts when court reconvened
at $50 o'clock. Just before the 10
year-old defendant took the stand Mr..
Hogan patted him reassuringly on the
back.
Mr.. Doheny was still wearing his
arm in the sling. When he sat down
in the witness chair the bailiff placed
q small white cushion so that he
could rest his arm more comfortably.
The bland and comparatively easy
manner with which Mr.. Roberts be-
gan his examination seemed to cause
a fiutter of surprise in court. Specta-
tors had expected to see him launch
impetuously into the examination
breaking down the defense with a
rapid fire of questions such as he
directed at Captain j. X. Robson,
DR.. H. Foster Balm and Assistant Sec
retary of the Interior Finney, who
were put under a merciless grilling.
Mr. Roberts manner was smooth and
easy, his questions directed politely
and almost with a tinge of sympathy
for the ailing defendant.
Explains Companies Financing.
The Government counsel. before
xoing into the subject of the 100000
loan to Fall, drew from the witness
testimony relative TO the financing of
the defendants two companies, the
extent of oil drilling by the California
companv prior to 1921 and its early
acquisitions in the naval reserves.
BEFORE the contract and lease of De-
cenlber IL, 1922, Roberts asked the
witness what estimates he had made
Involving expenditures in return. Mr..
Doheny explained that he had made
no estimates.
"Rut YOUR lease of December IL
was a. business proposition with an
idea of profit" Mr.. Roberts asked.
yes" replied Doheny.
Mr. Dohenv explained later that ne
had not calculated the differences In
ROYALTY rates paid by the STANDARD
CONTINUED on Page s. Column -