Evening star., 1926-12-14

| valued at between six and seven hum
dred thousand dollars and that means
that this stock, representing one.third
interest in the company. was worth
between $15O,000 and 100000" said
1 Hogan. Even by deducting the $780,
600 mortgage which Doheny learned
was attached to the property. the de-
fense attorney contended the ranch
holdings were worth $780, 900 or more.
''rhe charge in this case is not
bribery" Hogan declared. IF 1t is pos
| sible for you to believe the unbelieve-
able, that this was a bribe transac-
ton. that would not justify you In
rendering verdict of guilty" he
added. This is not a bribery. but a
| conspiracy case. The loan has moth
ing to do with this case unless you
find the particular conspiracy. which
is the only charge that is being tried
here.
Declaring that the law holds that a
defendant can be tried only on the
thing charged in the indictment, Mr.
Hogan then read the indictment TO
the jury to substantiate his statement
that bribery does not enter INTO the
charges.
He asserted that what the jury was
supposed to determine was whether
conspiracy had been entered into be
tween July l. 1921, and December IL,
1922.
eff. beyond q. reasonable doubt. the
Government proves there existed that
sort Of agreement. then 1t is the GUY
for the Jury to convict, he Saio.
the conspiracy is not proved, then II
is the duty of the jury to acqult th9
defendants, he reasoned.
What Government Asks.
What. in effect, the Government
was asking the jury to decide, MT:
Hogan declared, was whether 1t should
believe that Fall and Doheny In NO
vernber, 1921, the year the loan was
made. knew that q year later theE
were going to have the approval or
the Navy Departments war plans W
construct tanks at Pearl Harbor III
consideration for a lease. GU eS'h-
not believe that?" Hogan asked.
To substantiate the defense con
tention that such plans We're unNilom y, Il =
when the loan transaction was nlauc
| Mr.. Hogan said Secretary OF the Nav!
DENLY was called as a witness. ana
Won saw the Government counsei
treat DENLY like a pickpocket In q
Police Court" he declared. Bitterly
denouncing Roberts description OF
DENLY as "a fool, man unht Tor
public office and a rubber-stalnp OIL
ctal," Mr.. Hogan made stancn oe-
fense of the former naval secretary.
He impressed on the jury that Denpy
| was a man who had been honoreu py
being elected to Congress ana VINO,
| "wben the dark clouds of war broke
over the country" enlisted as
private in the ranks of the Devildogs.
"And this man, who had been nom
ored in public life. who fought for MS
country, who had q record Wnlcn no
lawyer can destroy and wnicn no
lawyer in this case can match. was
treated here as a common pickpocket.
Again Attacks Roberts.
Mr.. Hogan renewed his attack on
the Governments case in general anu
Mr.. Roberts in particular when the
afternoon session began. He charged
that the Government had withheld
MANY valuable papers in the case,
valuable to the defense and which
would have remained in the files had
not the defense forced them out. lie
declared It was the Government s
duty to give the entire truth ana
added: "When did it become the fasn-
ion in this country to ask that a man
he branded as a convict by a Gov
ernment that withholds from a jury
the story OF what. the Governments 8
own officers did? Why didn't they
indict some Of the officers instead OF
Just these TIVE?
az had to literally into my arm
pits for the Government papers to
put the truth before you."
The defense counsel maintained
that had his side not opened up with
their case and withheld nothing they
would have let this case go on half
the truth"
Taking exception to Mr.. Roberts
Characterization of former Secretary
of the Navy DENLY, as being "A rub
Der stamp" Mr.. Hogan said that
when DENLY took Office he learned
that 1000 900 barrels of oil had been
sucked from No. / reserve by out
side companies while the supine
former Secretary of the Navy, Jo-
sephus Daniels, came here for two
minutes to say he had done nothing"
Defense Policy Cited.
Hogan cited to the jury several
letters that had not been produced
originally by the Government, but
which had been injected into the case
through the defense effort. One OF
these. he declared, exposed the de-
fense claim that Fall had not con-
suited an official of the Union Oil Co.
in connection with the Pearl Harbor
projects. Mr.. Hogan said this letter
was written September IA, 1921, from
Fail to President Harding, outlining
a plan to exchange royalty oil for
storage facilities on the Pacific Coast,