Evening star., 1926-12-14

which had been referred to the off,
cial in question.
Another letter the Government
failed to produce. Mr.. Hogan said,
was the one Of November 3, which
Fall had written to Edward B. Nc
Lean, suggesting that he buy the
adjoining ranch to his property III
New Mexico.
Mr.. Hogan also mentioned the
checks Mr.. Mclean gave to Fall ana
explained that the publisher, althougn
finding it inconvenient to make the
loan TO Fall, nevertheless INSISTED
upon doing it. After Fall had 1ound
he could get the money from Doneny
he returned the checks. Hogan saio.
These facts, together with the ietteI
Fall wrote on November 3, occurred
at the time Government counsel says
Fall was telling Doheny OF his neeo
for the money, Mr.. Hogan declared.
Resumes Argument Today.
Mr.. Roberts picked UP his argu-
ment tbis morning where he had been
halted Yesterday evening at 5:3o
O'Clock for adjournment and told the
jury he wished to discuss, tine silent
witness in this case-Mr. Cotter, an
employe of the company ana an ek,
employe of the Interior Department.
Described as being Dohenys CON
fidential agent" Mr.. Roberts SAID ne
has been Gin this case, in every trans
action In every phrase, and knows
more about II than anybody else.
The Government prosecutor said ne
spent last night in picking out OF the
record Mr.. Cotter's movements
throughout the entire proceedings and
found he figured in them almost
every day" He then cited Mr.. Cot
ter's movement in detail, referred to
letters he had written. conferences
he had participated in, and trips ana
visits. Hes present throughout
everything in this case and yet he
doesn't come before you" Mr.. Roberts
declared.
What Is the reason? The only
one is that his testimony could not be
satisfactory and would not convince
you and would not advance their
cause. You make ask yourselves how
often he was in conference with ran.
Cotter was the one man who did the
negotiating, and of all people he is
the one man you are not permitted to
hear. They go all the way to Los
Angeles for q witness and yet they
don't bring Cotter, who is 20 feet
away"
Reads Prayers to Jury.
Mr.. Roberts then informed the jury
he would read but two Of the prayers
granted the Government yesterday,
and in SO doing they would not be
read again by the court. He then read
the first Of the two, which instructed
the jury to look to the interest Of the
x--@Ay iy1 FfN1.
added that where one
witness has the greatest interest the
temptation is strong to color 1t in his
own behalf.
THE deep personal interest he may
have in the case should be considered
by the Jury as to what extent It is
worthy of credit" the prayer con-
cluded.
with that law in mind, and It is
the law of this case, turn to the testi-
mony Mr.. Doheny has given. May 1t
not be taken for granted that he Is an
able, clear-headed man, who Is able to
handle himself perhaps greater than
you or 1 or any one in this courtroom?
Compare his Senate testimony with
what he said on the stand here. In
the Senate testimony he wiped out
everything prior to January as being
the first he had heard of the Pearl
Harbor plan. Here, 1t was important
to his case, to say it was in October
and November. 1t is absolutely con-
Which do you believe?
Isn't it your duty to cross it all of
and say that you cannot give credit
to either statement? He says the most
incredible thing you can imagine here;
he says he Is a perfect fool about the
preferential right. that he doesn't
1t.
..sYet he goes before the Senate and
explains exactly what 1t is. Has he
colored it? :,
Question of Using Cash.
.'Why did he send cash from New
York to Washington? Before the
Senate he says he cannot re,
member whether. Mr.. Fall asked
him to or not, and why did he not
make the matter public? He said he
was not prepared to answer 1t at
that time. Now he says Fall re-
quested 1t In cash. Mr.. Doheny drop
ped fact on that stand about hav-
ing to have cash In New Mexico for
the ranch transaction that negatives
the whole thing. He said Fail told
him he was going to stop in Ell Paso.
4
with him all across the country. Ell
Faso is no small place. They have
big banks there. There's been talk
about no banks around Three Rivers.
vet the ranch transaction was made
in the very shadow Of these big banks
in Ell Paso."
.sWe know now," continued Mr..
Roberts, why Mr.. Doheny went be-
fore the Senate committee. They had
sent q. committee to Palm Beach, and
when the truth came out that Mr.. Nc
Lean hadn't loaned the money Fall
sends a telegram to Doheny saying
that Mclean will be examined and
possibly names will come out. Doheny
Jumps on a train in Los Angeles and
Fall moves his base to New Orleans,
where they meet. Then Doheny
comes to Washington, so that he VIII
forestall the committees finding from
some other source. He comes and pre-
varfcates about the note. He conceals
and admits the facts because Senator
Pittman was not polite to him. 1t
isn't politeness when you are under
oath to tell the truth, the whole truth
and nothing but the truth. But he
gave the committee to understand he
cashed his own check. When driven
to the truth he said 1t was my sons
check. But not until the bank began
to crumble and the gravel began to
fall did he make such disclosures.
Finds Loan Unsecured.
Reading from Senate testimony
Roberts declared that Doheny had re-
fused to accept any security from
Fall and testified that Fall had not
spoken to him about 1t.
From that day to this not dol
lar Of interest, or principal has been
paid, nor have they been once dis.
cussed," said Roberts
I'm order. to make this loan appear
innocent, Doheny produced here stock
given him by Fall in 1925, four years
after the loan transaction"
Roberts declared that the stock had
only a par value of $4,000, indorsed
in blank by Fall and bearing no date.