Evening star., 1926-12-02
GOVERNMENT RESTS IT'S CASE:
DEFENSE IN TRIBUTE TO FALL

serve who were draining it off. So,
Fall conserved in every order that he
| made and every recommendation that
| he made except where private COM
| panies weer taking what the Govern
ment was entitled to. These things
were what gave birth to the leases so
stressed here, and on account of that
alone we will show you that the oils
| were allowed to be drilled out. True.
| there was some change, but the
| change we found was put into effect
! by the Assistant Secretary of the In
! terror. Prior to the letter of Novem-
ber 20 the evidence shows Fall turned
| everything over to the Navy at the
very time his old friend, Doheny. they
say, was rapping at the door of the
| Interior Department for some conces-
| SionS.'
! Mr.. Lambert promised to show the
! Jury that Fall. upon leaving the city,
! announced he could not attend to tha
| oil leases any longer and h2 would
| leave everything from start to finish
with the Navy, which was the most
| concerned with the acquisition of OIL
Mr.. Lambert stressed time and
| again the absence of Fall during the
negotiations leading up to the award
| ing Of the contract in December, 1922.
|
| do with the first lease and knew
nothing of it's extension until his re-
turn to Washington from an official
trip in April. 1922.
| The defense attorney also pointed
out that the Secretary of the Interior
knew nothing about the negotiations
until November 13. when he received
reports from Mr.. Finney and Director
Balm that the offer of the Pan -Amer1.
| can Co. should be accepted. He wired
back in substance, Lambert said. for
them to do nothing without full in
vestigation and the approval of the
Secretary of the Navy.
When it comes to the latter part of
November. 1922, the attorney stated.
! Fall instructed his SubOrdinateS not
| to take any steps till the Secretary
of the Navy was ready to execute
the lease in the full interest OF the
Navy Department.
Mr.. Lambert traced events showing
| that Fall was in the Far West during
this time and that his letter to the
President in September. reporting on
conditions, had absolutely nothing to
do with the December II leases. I'VE
will show you that nothing can be at
tached to the line of conspiracy" Mr..
Lambert told the jury, land that the
| Government cannot even raise the
ghost of the 100000 loan to back its
contensions."
Loan Details Not Given.
tails of the loan which Doheny made
to Fall on November 80. which
seemed to cause some surprise.
The attorney then drew vivid pic
ture of the 40 years friendship be-
| tween Fall and Doheny, whom, he de-
clared, hadsbe intimately associated
during prosperity and adversely"
Referring to Doheny's relations
with Fall, Lambert declared that mo
man with red blood in his veins
would have been unmindful of Falls
vicissitude." He traced the early
frontier days of the defendant Fall,
pointing to his appointment as a Fed
eral Judge as evidence of the trust
worthiness and esteem in which he
was held. Mr.. Lambert pointed out
that not only President Harding had
hOnored him. but that he had been
| hOnored by a Democratic President,
Glover Cleveland.
When New Mexico was admitted as
a State, the defense attorney declared,
Fall was Immediately sent to the
United States Senate, being reelected.
After two years of this third term, he
had been called from the Senate to
the Presidents cabinet. Lambert was
careful to stress to the jury that Fall
had remained in the cabinet only at
| the Presidents earnest wishes and
had abandoned his intention of re-
signing in April, 1922, at the Presi-
dents request.
Characters Are Praised.
The defense attorney ended his
statement to the jury with the declar,
alton that both defendants, were
made of American flesh and bone of
which pioneers were made" and had
built up characters of honor and
integrity
His honor will tell YOU" Mr.. Lam.
bert addressed to the jury, that a
reputation for good character alone
Is enough to constitute reasonable
doubt of guilt in criminal case. -
Mr.. Lambert declared that no jury, In
view of the circumstances outlined
in the case. could return a verdict of
guilty. He asserted that the evidence
submitted thus far ''annihilates the
finger of suspicion pointed to the
defendants, and appealed to the jury
on the strength of the evidence. that
they should return verdict Of not
guilty.
Government counsel had anticipated
an ap peal by the defense for a di
rected verdict, but Mr.. Lambert made
no such suggestion. Following the
presentation, Attorney Hogan sum
moned two character witnesses for Mr.
Doheny. They were Carl Leonard and
his son-in-law, Frank j. Powell, each
of whom is a next-door neighbor to
| Doheny.
Well Known In Los Angeles.
Mr.. Leonard, who Is president Of
the Southwestern Portland Cement
Co.. testified he had known Doheny
for 80 years and had lived next door
to him, in Chester place. Los Angeles,
for upward of 20 years. Asked if
Doheny was well known in Los
Angeles, he replied: ''All the town
knows him."
| What was the defendants repu-
tion for honesty, integrity and patri-
otism before publicity was given to
| these leases?" Mr.. Hogan asked
Government counsel, through Mr..
| Roberts, objected strenuously to in
! lection Of the word patriotism" in
the question. Mr.. Hogan contended
' that reference to the defendants
patriotism was in order. since testi-
mony had been brought out at the
trial showing that naval officials had
urged him to take up the Hawaiian
project to help out the Navy in the
event of war. Justice Hoehling ruled
that the question was admissible.
Mr.. Doheny's reputation was the
highest in every reSnect :" the witness