Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-16
CASE OF FALL
Continued from Page One)

| two years Imprisonment, a fine of
! $4,000 or both.
Clustered about In eager-eyed
! knots in the courthouse corridors as
! the jury began its deliberations were
/ the womenfolk of the jurors-pres-
| ent today for the first time.
! Within the courtroom. chatting
! tovially with attorneys and friends.
4 were the elderly Doheny and the
younger, but less bright-eyed. Fall.
Pursuant to the admonition of
F, Justice Adolph A. Hoehling in his
I charge that the examination of ex-
I hibits in.th jury room might tend
to isolate the evidence contained
! therein for correlation of the facts.
they will conduct their deliberations
with only the text of the conspiracy
| indictment before.
Justice Hoehling's charge, which
required about an hour, contained
| Is paragraphs rendered by the
prosecution and 20 framed by the
defense, followed by about 90 brief
observations of the court on points
of law and evidence.
Both sides served formal notice
they noted in the record no excep-
tons or objections to any part of
the charge.
! More than 10 hours Of argument
| by counsel ended shortly before noon
with the last word of former Senator
Atlee Pomerene of Ohio, in behalf
of the government. He closed with
| plea that the jury consider Do
heny's 100000 loan to Fall on Now
ember 80. 1921. in the light of its po-
tential influence upon the govern
, ment in the event of an acquittal.
During the trial it was the con-
| tention OF Pomerene and Owen j.
Roberts, also government prosecu-
| tor, that this transaction was q vital
factor in the award to Doheny in
terests in the Elk Hills, Calf, naval
f, oil reserve lease and the Pearl Har-
Dor. Hawaii, oil storage project
while Fall was in the cabinet. Pom
, erenes argument followed that of
Mark B. Thompson, a New Mexico
friend of Fall, and Wilton ]. Lam
bert, also of defense counsel. and
Frank j. Hogan. chief Of the de-
Tense corps of attorneys.
Thompson went directly to Falls
own statement to the Senate oil COM
mittee regarding the $4,000 loan from
Doheny.
He lied. gentlemen. of course he
lied! He lied to shield friend from
| pack of politicians led by Senator
hills Of Montana"
"Of course he lied-and. gentlemen.
every red-blooded man in New Mexico
is proud of him for it."
At another point Thompson said:
That was the cleanest money that
ever passed from one mans hands to
another's."
Lambert, also speaking In behalf of
Fall, closed with parting shot at the
closing prosecution arguments OF Rob-
erts.
"As long as Roberts lives the below
ed Houdini will never die"
Hogan concluded his five-hour argu-
ment begun yesterday with this state
ment:
II am not the attorney Of record for
Fall, but I would be proud to be. The
trials Of his life have broken nothing
in this staunch friendship"
Pomerene began with deliberate,
soft-spoken blows to the heart Of the
defense case.
aside" he said. ut was set aside for
the use of the navy. Now it is no
longer naval reserve, but Doheny's
reserve. All this was accomplished in
secret"
So effective was Mr. Pomerene's ar
gument that tears came to Doheny's
eyes. He wiped them away with
large colored handkerchief. Tears
also were In the eyes of Mrs. Doheny
and her daughter as they left the
courtroom.
The former senator read q verse of
poetry which appealed for protection
against the undermining of govern
nent by the gnawing worm of fraud"
and also made this statement to the
jury:
I regret the dissertation Of the tomb
OF President Harding in the defense
attempt to bring forth his shroud to
cover up the infamy of this transac-
ton"