Douglas daily dispatch., 1927-10-28
Son-iin-Law
Continued from Page one)


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of Teapot Dome and did not know it
had been leased until more than
month after the lease had been exc
cuted on April 7, 1922.
BY rapidfire questions, the govern
ment prosecutor drew from Everhart
the information that he left Pueblo
carly in May, 1922, and that later he
was in New York City and, that still
later he saw Fall in Washington On
May 30, 1922, he returned to Pueblo
and deposited the liberty bonds at
the First National Bank.
In requesting Justice Siddons to di-
rect Everhart to tell where he got the
bonds, Roberts argued that Everhart
answer could not incriminate him since
he was not party to the conspiracy
the government charges, and could
not have been an accessory before the
fact, as the lease had been executed
before he got possession of the bonds.
"If he was anything al all he was
merely an accessory after the fact"
Roberts said adding that the statute
of limitations for such an offense al
ready had run. Appearing as "a friend
Of the court" Douglas took the posi-
ton that under the law Everhart
could be regarded as a party to the
conspiracy that is charged, irrespective
of when he entered into the transac-
ton. His mere entry, Douglas added,
would be presumption that he ratified
all that had gone before.
1.-The immediate peril in which the
witness, Everhart, finds himself"
Douglas added, "is that he might be
indicted for the very same conspiracy
that the defendants Fall and Sinclair
now are charged with
With the conclusion of the argu-
ment, Justice Siddons took the ques-
ton under advisement and adjourned
court until tomorrow. Previously he
had excused the jury while the law
yers argued the points of law involved.
Besides being Falls Son-in-laW,
Everhart was general manager of the
Tres Ritos Cattle and Land company
at the time that the liberty bonds were
used to pay up the debts of that COM
pany and of Fall and Evertart.
Preceding Everhart to the stand
were L. t. Rule, assistant cashier, and
A. S. Booth, vice president, of the
Pueblo First National Bank. They
/, testified as to what became of the
! bonds and the proceeds from their
sale. Some of the notes which were
paid off were long overdue, Booth
testifying that one, executed by Fall
him ialf, and for $4,000, was four years
past due when it finally was taken up.
The Fall, Everhart and Tres Ritos
notes toteWed more than 100000, and
: I.xv % nfnllO N.Y.
Estates company, Of Pueblo. Everhart
is nephew of Thatcher, Booth testi-
! fled on cross examination by William
E. Leahy of counsel for Fall.
! Before the government passes to the
very crux of it's case against Fall and
Sinclair, Justice SiddonS ruled that
sworn testimony given at the senate
! Teapot Dome investigation by the de-
/ PENDANTS could not be used against
then at this trial. He agreed, how
ever, to admit to the record any state
ment they made to the committee
when they were not under oath.
! The government had offered the
! testimony Of Sinclair on December a.
| 1929 that he visited Fall at his Three
Rivers, N NJ, ranch during the Christ
mas holidays in 1921 to take up with
him the lease OF Teapot Dome and the
drilling of oil wells on Usage Indian
lands in Oklahoma.
! Special oil counsel also presented
! accumulative testimony to support
their contention that other oil men
seeking leases on the Wyoming naval
( reserve were deceived about the Sim
! clair lease and that the negotiations
ffnv. 1o1c
actually had been executed.