Evening star., 1926-12-13
OIL FRAUD PROVEN,
ROBERTS DECLARES
IN SUMMING Up
myriad of Overt Acts" Runs
Through Evidence Present
ed at Trial, He Says.
ASKS "EVEN-HANOED
JUSTICE" FROM JURY
U. S. Counsel Insists Fall and
Doheny "Conspired Corruptly'
With Federal Functions.

DOheny "ConSplred Corruptly
With Federal Functions.
Charging that "a myriad of overt
acts runs through the evidence given
Al the trial of Albert g. Fail and Ed
ward l.. Doheny, Owen j. Roberts.
special Government counsel. i'm his
opening argument today told the jury
that the performance of a single overt
act was sufficient 70 sustain the Gov
trnment'S contention of conspiracy
against the two defendants
Mr.. Roberts began his argument.
which launches the trial upon its
final stage. whkn court reconvened
at . o'clock. Each side gets six hours
for argument. Addressing the jury
in simple. direct manner. the Gov
ernment counsel declared that the
trial was now drawing to close,
and upon it rested the responsibility
of "evenhanded Justice
Charges Improper Influence.
This is an important case. and
a celebrated case" he said. at is
important TO the Government because
it involves i'm great measure the
proper functions of government. Ii
means that proper functions of gov
ernment have been interfered with
by improper influence"
The Government counsel told the
Jury that the facts in the case pre-
sent challenge to them as citizens
Ito live up to that standard of even
handed justice which is an American
doctrine
"All that the Government asks is
that you weigh all the evidence and
do what is right Mr.. Roberts told
the jury.
1t devolved upon Government coun-
sci. he said. to present the chain OF
evidence which has gone i'm "helter-
skelter" so that the jury might reach
Judgment.
MIR. Roberts impressed on the jury
that the Indictment charges Doheny
and Fall with conspiracy to Interfere
with the proper functioning of gov
ernment and that they "conspired
corruptly" through various acts and
contracts Ito defraud the United
States
Alleges Wrongful Intent.
Government counsel declared that
conspiracy was Il case in which an
agreement had been entered into for
a wrongful intent and improper
motive"
If the jury finds that the defendants
did conspire, il would have To
proper fraudulent scheme. he said.
The act of one defendant necessarily
binds the other. he pointed out. for
they are in "A sense partpers in con-
spiraCy."
A conspiracy does not have to be
proven by expressed words showing
the exact hour and place where the
agreement was entered into, Mr..
Roberts told the jury. 1.-THE heart OF
conspiracy is the common purpose
of the two men to carry out the act.
he declared. The jury then must de-
eide from The dcfendantS' own actions
whether they werc performing a com
mon purpose. he stressed.
Refers to Their Standing.
Mr.. Roberts referred to the high
standing of tho two defendants. de-
claring that they come clothed with
the presumption of innocence. That
is the American doctrine" II falls on
the Government. he declared. to prove
their guilt.
"It is not sufficient under the in
dictment to prove there has been
merely conspiracy" he said; "the
Government must prove an overt act"
Referring to the letters and doCu-
ment and testimony offered at the
trial. Mr.. Roberts said the Govern
ment was prepared 10 show that
there are simply myriads of overt acts
in this case.
The Government counsel explained
to the jury that the law says if the
defendants had abandoned their plan
to conspire they might he permitted
to go free. but if in so doing they hal
done an overt act then they come
within the scope of the law.
Fixes Dates of Alleged Plot.
Mr.. Roberts fixed the dates of the
alleged conspiracy from July 1, 1921,
to December II. 1922. and then said
Before we go to what happened. let's
see who are the defendants--What
manner of men are they. There's Mr..
Doheny. a great. powerful and wealthy
citizen of the United States. who saws
that to lend 100000 is no more to hiTI,
than an average man lending S25 or
$50 He even said before the Senate
committee he might just as well have
loaned FAN million. Doheny realized
and used the power of money He
testified how he employed Mr. Lane
before he left the cabinet at $4,000 q
year. how he employed Mr.. McAdoo
at $50 900. how he gave 1000 to
George Creel to use his influence with
Secretary Daniels to get lease
"DCheny did no realize the wrong
that it was 30 have financial deal
ing with an officer of the Government
with whom he was having business
dealings. lie even said from the wit
ness chair there was nothing wrong
about it. Such doctrine would be
of sound government-if
such a doctrine prevailed in America
ii would be the end of ALI sound gov
AS to Fall. MIR. Roberts declared
he was trying to get some additional
property and he was the man Do
heny felt had the disposition of these
oil reserves" In 1921, Mr.. Roberts
continued. Doheny wanted additional
lands for his companies and a re-
finery and a pipe line. His company
always is on the market for leases.
according to his own admission, Mr..
Roberts explained.
Acquittal Order Refused.
Justice Adolph A. Hoehling tins
morning refused to grant the prayer
of defense counsel that the court IN
struct the jury To return verdict
of mot guilty" or acquittal in FAVOR
of Doheny. charged with conspiracy
to defraud the Government in CON
nection with the Elk Hills. cam
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