Evening star., 1926-12-15
JUSTICE HOETILING ORDERS Jury
TO WEIGH FACTS IN OIL TRIAL
Tells Them That Even If End Is Beneficial
It Would Not Justify Conspiracy
With Evil Intent.

Alter thanking Cne jurors loE tHelT dt
tention throughout the trial the jus
tice said it now became his duty to in
struct them as to the law. The deci
sion on the facts rested entirely with
the jurors, he explained.
An analysis Of the indictment fol-
lowed an explanation by the trial jus
tice of the meaning of a conspiracy
charge. The court then dwelt on the
alleged overt acts set forth in the in
dictment.
The prayers granted by the court
and the requests of the Government
and those allowed counsel for the de-
fense were read by Justice Hoehlng
near the middle of his charge The
court concluded with a reminder to
the jurors of the obligation of their
oaths to render true verdict from
the law and the evidence, and SUBJ
mitted the case to them to discharge
their duty upon their conscience and
oath.
Law Is Explained.
In the course of his charge, Justice
Hoehling said:
"N have now arrived at that stage
of the trial where it becomes proper
for the court to advise you concerning
the case and 10 explain to you the
provisions of the applicable law. In
SO doing l SHALL of course, carefully
avoid trespassing upon your domain
us jurors, since YOU are the exclusive
judges of the facts, and upon you
rests the obligation, as we'll as the
responsibility, Of rendering true ver-
dict upon the evidence and the law
as 1t shall be here given you. In
a case Of this kind the testimony, both
oral and documentary, on both sides,
quite naturally, as well as properly,
embraces a wide range, and this for
the reason that you should have be-
fore you, and you are entitled to con.
slider, every fact anda circumstance
upon the ultimate fact or facts in
issue. And this VIII explain just why
it is that the evidence in the case has
covered so much ground In all fair
ness to the Government. and in all
fairness. to the defendants, it could
not have been otherwise.
when we pause for a moment to
consider the vast amount of docu-
mentary evidence which has been here
introduced from the various depart
ments of Government, miscellaneous
correspondence, memoranda, ETC., and
the relatively short time occupied in
placing before you all of the evidence
in the case, both oral and written, the
court feels that it is proper to eX-
press its appreciation for the COM
mendable spirit of cooperation dis
played by counsel in the matter of
obviating the necessity of making
strict proof of many merely formal
and technical things which properly
could be conceded all of which has not
only contributed in shortening the
trial, but, and quite as important, it
has avoided the necessity of burden.
ing your minds with a variety of mere
matters of detail which, while tech.
nically required If insisted upon,
nevertheless, where there is no dis
pute concerning them, are of no prac-
tical moment in deciding the ultimate
issues in the case.
Close Attention Praised.
I'm the trial of a case it not infre-
quently happens-indeed, it very
often happens--that parts of the tes.
timony, no matter how important, do
not appeal quite as strongly to the
human intarestsas other parts of the
testimony; but, so far as the tcourt
has observed it, your attention has
never Jagged nor faltered
You and each have both a serious
and an important duty to perform:
mine has almost come to an end;
your remaining duty is about to
begin. AS you already know, with
out my stating it, it is the duty of
the trial judge to see to it that the
trial is conducted in an orderly man.
ner, and in accordance with the
forms and the requirements of the
law; and upon submission of the case
10 you, for your consideration and de-
termination, to advise and instruct
YOU as to the provisions of the law
properly applicable to the case, and
70 the evidence adduced therein; and,
thereupon. it becomes the duty of the
fury to take the law as SO given you
by the court and apply that law to
the facts as you may find them to
he from the evidence. Thus, you will
note that, in it's final analysis, upon
the court rests the responsibility of
declaring the law, and upon you, as
the trial jurors in the case, the re-
possibility of applying the law so
declared to the facts as you, upon
vour conscience, may believe them
to be.
Conspiracy Charge Made.
1.-The case has to do with what are
called the naval reserves in CaiIornla,
which embrace certain of the pupiic
lands of the United States which Were
set apart and reserved for govern
mcnIaI uses anu pun pOSOop eAAA
with the disposition made OF certain
of these lands, in the form of con-
tracts and lease, and of the methods
and means used and employed in such
disposition.
part of the. evidence concerns the
history Of the reserves, such as the
withdrawal of the lands by executive
nrders, certain legislation by Congress
and actions taken in pursuance there
If, etc: certain of the evidence con-
Germs the charge of the alleged con-
spiracy itself: certain of it concerns
the means by which the alleged con-
spiracy was to be effected. and certain
of il concerns acts alleged to have
been done to effect the object or OBJ
jects Of the conspiracy, and which acts
the law describes as overt acts-which
term means an outward, open act done
in pursuance and manifestation of an
intent or design.
THE charge contained in the indict-
ment is that the defendants unlaw-
fully and feloniously conspired and
agreed together to defraud the United
states and it is based upon section 81,
penal code Of the United States, which
thus provides
IF two or more persons conspire
either TO commit any offense against
he United States or to defraud the
United States in any manner or Tor
any purpose, and one or more of such
parties do any act to effect the object
Of the conspiracy etc,
Must Prove Act.
You will particularly note and re-
member the language: If two or more
persons conspire to defraud
the United States in any manner or
for any purpose, and one or more of
such parties do any act to effect the
object of the conspiracy etc.
80 that. in order to make out the
criminal charge under that section of
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