Douglas daily dispatch., 1926-12-18
SENATOR HELM
.ASSAILS JURORS
IN FALL TRIAL

! WASHINGTON, Dec. II R.-The
| Fall -Doheny oil conspiracy acquittal
| Thursday stirred Senator HefIin,
| democrat, Alabamay~ to denunciatory
| speech of unusual bitterness, in
which he told the senate his opinion
of the defendants, the Judge and the
jury.
1t was his belief, he said, that for
mer interior secretary Fall would not
have gone to trial unless there had
been an ARRANGEMENT" beforehand for
either an acquittal or mistrial. He
added that 1t also was his opinion that
| former attorney general Daugherty,
| recently tried on n conspiracy charge
| in New York and now awaiting retrial
after a jury disagreement, would not
| have gone into court Hunless he knew
somebody on the jury would Hang
there until doomsday or acquit him Or
make mistriaL"
He likewise declared that neither
case should have gone to trial before a
judge appointed by the Harding ad-
ministration, repeated his previous
charge that Daughertys friend, Jess
Smith, was murdered and did not COM
nit suicide, and paid his respects in
passing to the republican party and
the administrations of Presidents
Harding and Coolidge.
The only reply that came from any
senator was request by Chairman
Warren of the appropriations commit
tee that the Alabaman postpone the
rest of his speech until some other
time so the senate could proceed with
70 .,I,L,,
ment by Senator Walsh of Montana,
prosecutor of the oil committee, who
said he could see no valid objection
to the manner in. which the presiding
Judge had conducted the oil conspiracy
gtrial. Senator .Walsh's reply applied
particularly to n reference by Heflini
1to@Justice Hoehling's suggestion thatl
the jury take no documentary evidenced
into the jury room with them.
II feel compelled to say that the,
conduct of Justice Hoehling was char
acterized by dignity, discernment and
impartiality," said Walsh. "I think
the senator from Alabama would notl
have criticized the courts charge tol
the jury had he read it more care
fully.
THE practice in greatest courts with
regard to juries taking exhibits into
jury rooms differs. Justice Hoehling !
apparently was following the practice
in the District of Columbia not to send
exhibits to the jury ROOM But it will
be observed that he did not refuse to. !
In justice to Justice Hoehling, L wish
to say his conduct seemed to me to be
past all criticism"
T,,,
tice Hoehling was appointed by the
administration, in which Fall
sat as a cabinet member, and that the
judge who heard the Daugherty case
in NeM York was an oppointee of
Taft, himself later named as
chief justice by President Harding.
$50 that all around wet connect up abe
he continued. Whether
it has any effect or not, 1 am just
giving you the inside facts about it,
Doheny contributed to the campaign
fund of the republican party. I do
not know of single arm of the ad-
that was exercised to
bring about punishment of these Grim
mails. We cannot enforce the law and
have respect fer the law if we apply
it only to the poor and uninfluential.
The greatest crime wave has come on
the country now, and they will be en-
when they read that the big
gest criminals in the nation have gone
put of the court house with verdict
Of approval.
There has got to be new order in
his country. They are polluting the !:
ballot and debauching the voter. Now
hey have invaded the jury box, the
poor mans hope and salvation"
Replying to a question by Senator
Reed, democrat, Missouri Senator Hef-
in said he regarded Rear Admiral Rob-
son, who approved the oil leases for
the navy, as Just as guilty as Fall
md Doheny."
In his reference to Jess Smith, the
Alabama senator said he had been told
by Every reliable person" that Smith
had told friend a day or two before
mis- death that it was "all up" with
nim and that "they" We're going to
get him.
81 said on this floor BEFORE" said
Heflin, "and 1 repeat, that Jess Smith
never killed himself"