Evening star., 1926-12-11
epted?" asked Hogan of Wilbur.


That's hard to answer, for two
reasons: The specifications in the sub.
poena were. indefinite and haven't
counted them"
Mr.. Hogan asked IL the excepted"
documents were the same as those
which had not been produced at the
Los Angeles civil suit trial, and the
Secretary thought they were.
Considers Issue Closed.
The Secretary then was excused and
the papers were returned to him. The
significance Of this testimony later
was explained by Mr.. Hogan, who de-
clared he had done all ne could to
get the excepted" documents before
| the jury as positive proof of oral testi.
mony that Japan, between 1920 and
1921, had begun mobilization and laid
plans for attacks on the Philippine
| and Hawaiian Islands. He added that
the refusal OF the Navy Secretary to
/ bring these confidential documents to
light would not be pressed and the
! matter was closed as far as he Is con-
cerned.
Satisfied that the Navy Depart.
| ment's declination to present the docu-
| ments had as favorable effect upon
the jury as IL they had been read, Mr..
Hogan offered in evidence Senate
DoSUtAoHt No. IlV, WHICH pEcVIouoAy
| had been marked for identification.
Government counsel objected, but
after long conference at the bench
Mr.. Hogan was allowed to read GER
! tain parts to the jury. with the under
standing that the Government. on re.
buttal, likewise could do the same.
The document was q report by Sec.
| retary Fail to President Harding pre-
pared in response to a Senate reso-
luton calling for an explanation OF
the oil reserve leasing policy. It was
dent with g. letter Of transmittal,
| dated June Z, 1922, in which the Elk.
ecutive declared the policy regarding
| the oil leases was submitted to me
prior to the adoption thereof" and it
| has ''at all times had my entire ap.
proval." The letter also stated that
| the report was mot to be construed
as defense, but is designed to af.
| ford that Information to which the
committee is entitled"
Anderson Is Witness.
J. c. Anderson, brother.in.law of
Mr.. Doheny and president Of the Pan
American Petroleum Co. Of California.
| formerly q subsidiary Of the Pan.
| American Petroleum & Transport
Co.. had very little part to play in
the contract for the construction of
| the Pearl Harbor storage tanks signed
April %, 1922. He did, however, have
d major share in the negotiations
| leading up to the second contract OF
| December IL, and more than once, ac-
| cording to his testimony. registered
disapproval with the undertaking.
Admiral J. X. Robson had told him
| the japanese situation Is a very seri-
1 Gus situation, and the Navy wants
| not only fuel, but gasoline, lubricating
| and Diesel oil at Pearl Harbor,'
| II asked Robson how much we
| would get for placing 1t there" the
! witness said, "and he said the Navy
| might as we'll lease all of the reserves.
provided 1t could get the things done
| that it wanted"
Anderson broke of negotiations for
royalty schedule with Robson on
| one occasion, he testified. II told
we had little scrap" Then it was.
Anderson added, that DR.. H. Foster
Balm. at the time director of the Blu.
reau Of Mines. produced a compromise
schedule which he and Fall had work
ed out.
DOheny Favored Terms.
"Mr. Doheny." the witness said.
thought that unless we accepted
them we would not get the lease. !
| told Mr.. Doheny that I would rather
lose the lease and contract than ac-
cept the loss. Doheny finally said he
| would accept the royalties and that
made he mad. told him he was the
boss, but II he wanted to pay the
Government these royalties, he could
go ahead and do it,"
At the final royalty oil schedule con-
Anderson said, Robson wanted a
change made in the schedules. mfr.
Doheny got mad and said the deal
would be off," Anderson testified,
adding that Robson then accepted
the schedule as 1t stood.
Postmaster General Harry 8. New,
with whom Fall served in the Sen
ate and cabinet. was called as a char
acter witness for the defendant. Over
the objections Of Government counsel
Attorney Lambert succeeded in draw
ing an admission from the Postmas-
ter General that Fall had been a cap
tain Of Artillery during the Spanish
War.
Mr.. New said he had known Fall
for Is to IS years. Asked by Lam
bert what the defendants reputation
had been for honesty. honor and
patriotism" Mr.. New replied: Good"
Charles M. Bassett, president Of the
State National Bank Of Ell Paso, Tex,
a second character witness for Fall,
gave the defendant q Every good"
reputation for honesty, integrity and
patriotism.
OH Reserve Estimate.
As Mr.. Hogan was winding up his
case for Doheny he put DR.. George
Otis Smith. director Of the United
States Geological Survey, upon the
stand. Earlier in the trial DR.. Smith
had testified that the Elk Hills Re-
serve contained $50 900 900 barrels Of
oil, according to official estimates.
He was asked to identify a document
from the Secretary Of the Interior to
the Secretary of the Navy. dated in
1912. which was q report on an off,
cial investigation made Of the field at
that time. The oil estimate was
given as 100 .000, 900 barrels.
This was the final challenge Of the
former estimate that the defense had
been able to produce. At the same
time, however, DIR. Smith declared
that this report did not convince him
that his own estimate Of 100000, 900
was inaccurate.
Another point was emphasized by
the defense late yesterday when ].
M. Danzinger, vice president and
general manager of Doheny's Califor-
MIA company, backed up the defend
ants contention that he sought no
profit under the April 25 contract.
Relating a scene in Doheny's Los
Angeles Office, the official said that
the oil man had gone into the deal
against the advice of other company
officers who saw no profit in 1t.
Doheny pounded his fist on the
table, he testified. and said: II don't