The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1926-11-29
Continued from Page /,

Doheny or his associates.
Thus the Government placed
before the jury conflicting state
ments by the two defendants and
at the same time laid the foun-
dation for its case.
Acts Under Old Law
Justice Hoehling. who, since last
Friday has been considering the
question OF admissibility Of this evi
dence, took three.quarters OF an
hour to hand down his ruling
lie went exhaustively into every
phase of the law, for the defense
objection was based on a section of
the code over 20 years old, but
never before applied to a criminal
case.
Hoehling accepted the Govern
ment view and regarded Doheny as
a voluntary witness before the Sem
ate Committee. who did not testify.
under conpulsion.
AS for the EaIl letter. the Judges
held ii not even to be Testimony
in that it was not sworn to.
Frank y. Hogan, for Doi1eny. itf
mediately noted an exception to all
of the testimony and Wilton J. Lam
bert, did likewise for Fall.
Falls Letter Read
Major Peytori Gordon. the District
Attorney, rose and read to the jury
the Fall letter.
In this message, the former Cabi-
net officer, expressed surprise and
some ire that the committee had
been looking into his private affairs,
but volunteered considerable in.
forr1ation-the outstanding points OF
which subsequently, are alleged to
have been proven false,
Justice Hoehling, referring to the
letter In his ruling, had said:
IF it be testimony then the giver
of it, IL any of its material state
ments be untrue. would remain sub.
iect to a prosecution for perjury,
under the provisions Of section $780,
This was the section under which
the defense had declared the letter
to be inadmissible.
Fall. in the letter. detailed to the
Senate committee the circumstances
leading up to his purchase of the
Harris ranch
"The gentleman who furnished me
the cash. and from whom received
it. was the Hon E. b. Mclean
Fall wrote.
Recalls Purchase Agreement
The 500, 900, according to the let
ter. had been in cash because the
agreement with the Harris interests
called for cash payments.
The nearest bank was % miles
from Three Rivers. and had a per.
fectiy secure vault at my ranch"
Fall explained.
"It is needless for me to say I
have never approached Mr.. z. L.
Doheny or anyone connected with
him or his corporation. or Mr.. Harry
r. Sinclair, or any one connected
with him or his corporation.
'I have never received from either
party one cent for oil leases or for
else"
This was under date of December
IS. 1928.
Doheny's Testimony Read
Owen r, Roberts. Government
counsel then read to the jury DO.
heny's admit ion that it was he who
lad loared Fall the money.
"Mr. Fall has been making an ef.
fort to keen my name out OF this
for fear fun statement would be
Doi1eny testified
voluntarily on January "a 1924.
''T now want to make = full state
ment On November 30. 1921. T
loaned Albert r. Fell 100000 on his
note to enable him to
purchase ranch adjoining his uror.
ertv at Three Rivers. New Mexico,
Dohenv was careful to stress that
Il was his own money. and did not
belong ia any oil company. He also
reiterated that F'ai' had not hene-
flied in any way from any Of the
ojl lenses.
Doherv then read long state
uent defending the Pearl Harbor,
ETswaii oil stora ae contract az i'm
to national defense.
Recalls Long Friendship
Under direct examination by Sena
tor Walsh. OF Montana, prosecutor
for the committee. Doheny had told
Of his long friendship for Fall. The
latter. he said was having much
trouble and needed money. Il
Being OF an impulsive nature. 4
volunteered to loan him the money"
said Doheny.
Chow did you transmit this
asked Walsh.
I'm cash and In A satchei."
Who acted as your messenger"
"My son." 49,,