Evening star., 1926-12-15
If Verdict Is Not Returned by
10 O'Clock Tonight, Court
VIII Direct Deliberations
Go Over Until Tomorrow.
BITING WORDS FEATURE
LAST DAY OF ORATORY
u. S. and Defense Counsel Invoke
Harding's Memory From Differ
ent Angles-$100,0 900 Loan and
War Scare Figure in Final
Fervid Appeals for Favorable
Decision.

The fate of Edward L. Doheny
and Albert B. Fall, charged jointly
with conspiracy to defraud the
United States in connection with the
lease of Government oil lands, rested
in the hands of the jury this alter
noon.
The case was turned over to the
iurv at 2 Al o'clock, following JUS
tice Adolph A. Hoehlings instruc-
tions.
The first hour of Justice Hoeh-
ling's charge was given over to a
discussion of the indictment which
charges Albert B. Fall, former Sec
retary of the Interior. and Edward
L. Doheny, 70-yearold oil magnate'
with conspiracy to defrahd the Gov
ernment in connection with the
California oil reserves.
The Indictment was then read, toll
lowing which the prayers granted
to the defense and the Government
also were presented to the jury.
Justice Hoehilng emphasized to the
jurors that the Indictment is merely
a formal statement Of criminal
charge and upon which defendants
are tried. 1t is not to be used, ne eau
toned them, as proof OF matters
stated.
Law Presumes inn0eency.
While the defendants stand before
a jury charged with a. crime, the
court declared, the law Presu uhaes
them to be innocent and they remain
as such until the jurors nave been
convinced as to their guilt beyond all
reasonable doubt.
Al the beginning of his charge JUS
tice Hoefling told them it was his
duty to place the law before them
and it was the duty of the jury to ap.
piy the law To the facts as II Iound
them.
He expressed appreciation to coun-
sci on both sides for the expeditions
way in which they handled the vo-
luminous testimony and emphasized
the commendable cooperation IN
agreeing to certain facts without
burdening the court and jury with
detailed proof. The court ADDED,
however. that no expression OF ap.
preciation concerning the conduct OF
omitted cognizance of the close at
tention given by the jurors. He ad-
mitted that parts of the testimony
and evidence did not appeal quite as
strongly to the human interest, but
so far as the court observed the
Jurors never Jagged in their duty.
History of Naval Reserves.
Part of the evidence in the case,
Justice Hoehling said, concerns the
history of the naval reserves OF Cali
fornia. and this is made up in the
main of legislation by Congress and
Executive orders. He explained the
meaning of the words ''feloniously'
and conspiracy" as the law viewed
it, and pointed out that only one overt
act would be necessary to prove that
conspiracy had been carried out.
The indictment, he said, was divided
into four parts, as follows: First, the
inducement of Introductory parts;
second, the charge of the conspiracy;
third, the manner and means used by
the defendants, and fourth. the sew
eral overt acts alleged To have been
done.
Throughout the reading of the
judges charge Mr.. Doheny sat with
his right hand cupped to his ear, while
L ctit cADhClIcu dOH IL III Ills
gazing intently at the table before
him the greater part of the time
From Taft to Harding.
The court called to the jury's atten-
ton the various Legislative and execu-
tive steps taken in connection with the
reserves from June 5, 1910, when
President Taft issued his order per-
mitting withdrawal Of public lands for
government use down to May 81, 1921 i,
when President Harding issued ar eX-
ecutive order placing the administra-
tion and conservation of oil in the
reserves in the Interior Department
subject to supervision by the presi-
dent
Thereupon, Justice Hoehling said, in
referring to the terms in the indict-
ment, FAN assumed and undertook
the administration and conservation
OF the properties. The court named
the period from Jlhy l, 1921. to De-
cember il, 1922, as that covered in
the indictment.
The court informed the iliry ii
would be permitted to carry into the
jury room a copy of the indictment
but he explained he thought 1t neces-
sary to make the analysis of the doc
ument for the jury's assistance.
The last day of oratory the jurors
experienced was fraught with biting
criticism and sarcasm by both Gov
ernment and defense counsel. Sand
wiched between Hogan and Pomerene
were Thompson and Lambert. The
former declared that every red
bIooded man in New Mexico was proud
that Fall lied about transaction" anC
the latter took ga parting shot al
owen J. Roberts. pomerene'S col.
league by asserting as long az
"Owen Roberts lives, the beloved
Houdini will never die"
drn.o.r Tnado foay oh