The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-16
CONSPIRACY
CHARGE WAS
NOT PROVED
Jury Returns Verdict When
Court COnvenes This Morn.
ing at 10 O'Clock
HAD BEEN OUT ~ HOURS
Bribery Charges Still Stand.
ing Against Defendants
Will BE Pressed

washington, Dec. 1O--(N--Albert
b. Fall and Edward L. Doheny were
acquitted today Of the conspiracy
charge which grew out Of the senate
oil disclosures.
Nineteen hours after the case va;
placed in its hands, q jury in Grim.
inal court here decided there had
been no proof of criminal consuir-
Acy IN the oil leasing negotiations Of
1921 and 1922, resulting in the awar.l
OF government leases to Doheny IN
terests while Fall was secretary Of
the interior and after Doheny had
sent him 100000 in = little black
satchel.
The verdict was returned a few
minutes after Justice Hoehling had
reconvened court after an overnight
recess. Receiving no word from the
Jury room up to the time he opened
the days session. the Judge indicated
that II no verdict was reached he
would hold the jurymen over another
night at least.
Five minutes later, however, a
message came to the bench that an
agreement had been reached. The
jurymen filed into the box and at
lO:O7 a. M. their foreman announced
a verdict Of acquittal. The case had
been placed in the hands Of the II
men at 2:47 p. m. yesterday and when
they still were unable to agree al
10 o'clock last night, Justice Hoeh-
ling had declared q recess until 10
q. m.
No Appeal Possible
The verdict ended the conspiracy
proceedings against the former cab
met official and the oil h,agnate, as
no appeal is possible. Both still are
under Indictment for bribery, how
ever, rs a result Of the $lOO,OaO
transaction. Their counsel believ,
that charge will not be pressed but
the prosecution indicated today that
no decision to drop the bribery
charge had been reached.
Fall and Harry Sinclair, with whom
he also negotiated an oil lease, also
are under both conspiracy and brib-
cry charges.
The defendants and their relatives
received the verdict with undisguised
emotion. Mrs. Fall wept in happi-
ness, giving way unashamed before
the crowded courtroom.
Fall himself said his confidence
in the courts ''had been justified"
II have said all along that l would
leave it to the courts and that l had
confidence in them," he said. II
have never liked to try IA case in the
newspapers, and | have nothing else
to say now"
Doheny "Gratified"
Doheny said he was "gratified"
and added that ''the ordeal has been
a terrible one"
AFTER q life time of honorable ef-
fort, have seen my principal work.
which was to make good name to
hand to my son and my grandchil-
dren, almost destroyed" he said.
Il hope that the American people.
whose belief in trial by jury amounts
to q religion, will accept the verdict
Of this typically American jury"
From her sick room at the Carle-
ton hotel, Mrs. Doheny sent word
to defense counsel that her JOY was
'.inexpressible."
"My prayers have been answered.
said her message.
Owen ]. Roberts Of government
counsel had only this to say:
at has been submitted to IL men,
and fairly submitted. OF course We
will 70 along with the other cases"
The jury had spent most OF the
night in argument and reached its
verdict at $3.50 this morning, half
hour before the reconvening OF court.
Dramatic Climax
The return of the verdict touched
as high q key of dramtic interest rs
any during the four weeks Of trial.
In a tense silence, the ~ men came
into the jury box and the clerk of
the court asked them to rise in their
places.
"Have you verdict to report :" he
asked Of Alphonso E. Parker, . news
stand proprietor who had been elect
ed foreman.
1--WE have" said Parker.
"Do you find the defendant Ed
ward L. Doheny guilty or not
guilty?"
"Not guilty." in soft firm voice.
The courtroom WAS palpitated
with an irresponsible but restrained
outburst Of emotional reaction.
Several bailiffs tapped for order.
The clerk continued:
"Do you find the defendant Albert
B. Fall guilty or not guilty"
NOC 8ul&ty.
The clerk then asked the jury ~
body if the report of its foreman
represented its true. collective ver-
diet" and al nodded affirmatively.
Court adjourned Immediately and
there was a~hsppy gathering about
the defendants as the judge passed
out to his chambers and the jurors
said goodbye to one another and hur-
ried away.
Pose For photographs
Walking slowly in the midst Of .
group Of friends and relatives, Fall
and Doheny emerged 1t about the
same time from the dingy courtroom
into the sunlight Of : bright Deeem-
ber day. They took mp : pcSttion
together on the front steps of the old
courthouse and ! battery of photog-
raphers swung into action.
They were rolled away TO their ho-
tel quarters downtown in 80 big
limeusines.
Az Doheny entered his ear -
paused 70 say to these about him;
(continued o. paes tAFse.)