Evening star., 1927-10-23
OIL CASE EVIDENCE
RULING EXPECTED
Justice Siddons May Decide
on Admissibility of Test.
mony Tomorrow.


oil magnate and turfman, charged
with conspiracy to defraud the Gov.
ernment in connection with the lease
of Teapot Dome, enters IT'S second
week in the District Supreme Court
tomorrow morning with momentary
interest focused on Justice Frederick
L. Siddons, presiding, who is expected
to render a decision on the adniissi-
bility. as evidence in the present case.
of Sinclair's testimony before the Sen
ate oil investigating committee De-
Cember 4, 1923.
Since Friday afternoon Justice SID
dons, who has characterized the ques-
ton at issue between counsel as an
important one." has been studying
arguments and citations of both sides
for and against the admission of Sin
clair's testimony before the Senate
committee, in which he is quoted by
the record as having SAID he visited
Fall at the latter's home in Three
Rivers, n. Mex, the last week in De-
cember, 1921, for the purpose of dis
cussing Teapot Dome. The Govern
ment charges that the conspiracy be.
tween the two prominent men began
December 81, 1921. and continued to
and including February g., 1923.
Reflects Previous Case.
This first stumbling block in the
case parallels to a degree a similar
occurrence in the Fall -Doheny trial
last year, which ended in an acquittal
for the defendants by the jury, in that
the Government offered Edward l..
Doheny's Senate testimony against
linn In the criminal proceedings. Many
hours were given over to argument
hy counsel, and strenuous effort was
made by the defense to block it, but
Justice Adolf A Hoehling, presiding.
ruled in favor Of the Government and
Doheny's statements were read to the
jtry.
:However. the present case is not
identical with that of last year, Do
heny appeared before the committee
voluntarily and declared he wanted
every one 10 hear his voluntary expla-
nation of the matter at issue. Sin.
clair appeared in answer to a sub
pcena, was sworn and testified and in
SO doing, his counsel holds, he was as
sired under section S59 of the Re-
Nsed Statutes that no testimony given
before Congress shall be used against
the witness in any subsequent criminal
proceeding.
sThe Governments contention Is that
Sinclair. by not claiming his constitu-
tional rights or asking for immunity,
waived the right and therefore the
testimony is admissible as evidence
against hifn IN the present criminal
proceeding.
May head Other Testimony.
Should the court decide in favor of
the Government. Owen j. Roberts, spe-
cial Government oil prosecutor now
presenting his case, plans to read
other excerpts Of testimony, not only
of Sinclair. but of Fab and Doheny
as well. If the court excludes it, the
matter may be settled so far as the
present testimony sought to be ad-
mitted is concerned, but Roberts un-
doubtedly will seek other avenues for
the Senate testimony he has In mind,
to reach the two women and 10 men
in the jury box.
Regardless Of which way the ruling
win go tomorrow morning, Roberts is
prepared to continue with his case.
When the taking of testimony ceased
late Friday morning Roberts had
proved to the prosecutions satisfac-
ton that Fall, after taking over ad-
ministration Of the naval reserves un-
der the executive order transferring
them from the Navy 20 the Interior
Department, was under the necessity
of considering whether offset wells, in
such number as the practice in such
cases reasonably required, should be
drilled in Teapot Domes boundaries
to prevent drainage of oil by wells on
the other side of the border line.
The Government established this
through two witnesses-Dr. George
Otis Smith, director of the Geological
burgh, q geologist in the survey in
1921, who was sent to Wyoming to
make a report on the drainage condi.
ton Of Teapot Dome.
Many Sought Contract.
The next step to be taken by the
Government will be the Offering of
proof through witnesses and docu.
mentary evidence that Fall, as the
indictment reads, having determined
the Offset wells should be drilled, lit
became his lawful duty to procure by
the usual methods Of contract and
lease, the drilling of such wells in the
least number required by the situa-
tton then existing and on terms the
most advantageous to the United
States" Numerous persons and
corporations, competent to do such
work and perform such services. the
Government says, were desirous Of
entering into contract and lease.
Among those concerns were the fol.
lowing. which will be represented by
witnesses during the week: The
Producers & Ref1ners' Corporation.
the Texas Co., the Texas Pacific Coal
& Oil Co. and the Aero Oil Corporation.
The Government charges that the
two defendants conspired to defraud
the United States of Teapot Dome; Of
oil and gas contained therein; of its
right OF conserving the petroleum oil
then contained in the property for the
future needs Of the Navy; of its right
TO have leases and contracts for the
property and contracts for the per.
formance of any service in connection
with the drilling OF any wells on the
Dome awarded by competitive bid
ding to such persons and corporations
az could and would perform that serv-
ice upon terms most advantageous TO
the United States; of its right to con.
struct, where and when and as Con.
gress might direct, storage facilities
for fuel oil, gasoline, kerosene, lubri.
eating oil and other petroleum. prod.
ucts. by competitive bidding to the
best bidder; of It's right to sell and ex-
change its royalty crude oil and gas
at competitive bidding to the highest
bidder; of its right to have the pro.
ceeds of any sales thereof paid into
the Treasury; of it's right to buy fuel
oil, gasoline. Kerosene. lubricating oil
and other petroleum products for the
requirements OF the United states at
competitive bidding, and of It's right
to have it's business and affairs, and
particularly the business Of making
such contracts and leases, transacted
by its Secretary of the Interior. free
from partiahty, prejudice and bias, due
to his personal and pecuniary inter
est in the success of any person or
corporation in endeavoring TO obtain
and in obtaining such contracts and