Evening star., 1927-10-21
SENATE TESTIMONY
OF SINCLAIR RAISES
OIL TRIAL DISPUTE
Attorneys Debate Over Ad-
mission of Statements in
Present Case.
SECRETARY is ACCUSED
OF ERROR IN LEASE
Evidence Offered to Show He
Discounted Experts Opinion
on Drainage.

The question of whether testimon.
given by a witness before Senat
committee can be used against tha
witness in q subsequent criminal pro
reeding-one of the outstanding fea
lures of the Fall-Doheny trial las
wear, which was decided in favor o
ahe Government-is being argued II
she Fall-Sinclair conspiracy trial pro
ceedings this afternoon in Crimina
Division 2 of the District Suprem'
Court, as a result of an offer by thu
Government to place in evidence
Testimony given by Harry F. Sinclair
before the Senate oil committee
December 4, 1928.
Owen J. Roberts, special Govern
hent oil prosecutor, made his offer o.
SNnclairs testimony shortly before
the luncheon recess, and, anticipating
lengthy argument as a result OF Wig
Drous objection to its admission by the
defense, Justice Frederick l.. Siddons
Oresiding, excused the jury from ful
sher attendance until the next session
of court OH Monday morning.
Drainage Question Raised.
This issue was raised after the Gov
ernment had leveled an attack on the
defense contention that the reserve
land was leased to prevent oil drain
age.
The testimony of Sinclair which Rob
J, erts is endeavoring to have the court
accept as an admission against that
defendant concerns statement to the
tommittee that he went to Three
Rivers, n. Mex, in the closing days OF
1921 to discuss with the then Secretary
A II
defendant, the leasing of Teapot Dome.
The defense in it's opening statement
told the Jury that Sinclair inquired
ff a lease would be made and Fail re-
piled he was having an investigation
of the oil drainage matter being mace
and would not take any action until
after its completion.
Objection Is Explained.
Martin w. Littleton, who assumed
Che burden of the defense work today
for both defendants, based his opJec.
zion to Roberts offer on the ground
that section $50 of the Revised Statutes
/ declares that any person becoming
witness before a committee OF either
house Of Congress and gives testinohy
is immune from this testimony pelhs
1,sed against him in Subsequent
criminal prosecution.
The 0urOGu OI 1RObCAb e~A
sn reply was that unless the witness
claimed immunity under the Consul
4utioTl before testifying, he automatlc-
aIlv waived il and it can be used later
against him in a criminal proceeding.
Roth sides agreed, during the course
cf the argument, that the testimony
Cf Sinclair's was not 'incrimlnating.
Cases Not Parallel.
Aofo~ea in tho FALL
nohenv trial put up a vigorous pat
ts,a against admission as evidence in
those criminal proceedings which re-
suIted in acuuittal, of a statement py
Idward L. Doheny before the Senate
romnittee. Justice Adolph A. Hoein-
sny presiding over that case, SUSTAIN
cd Roberts argument in FAVOR OF ao'
sn;ttinr the testimony and allowed II
70 he read to the jury. There is not
an exact parallel, however, between
Siuclair's testimony and Dohenys, TOT
sn the case of the latter. Doneny VOL
unfairly appeared and in erect salo:
az want the whole world 10 kho" this
story" .. 20
Roberts was reading citation OF
,uthority for his argument when
Justice Siddons interrupted MIN TO re-
loss court for luncheon. The court
thought that as this is an 1mpor'
1ant matter, we may be engaged some
little while" Roberts explained ne
1youJd talk for another half hour and
,yould want time for short reply
and Littleton likewise promised the
court many minutes OF argument.
Wrangle Over Testimony.
Evidence was produced by Govern
p,ent counsel today to shatter con
Jenfions Of the defense that TEAPOT
Dome was leased to Sinclair to pre-
vent the supposedly rich naval re
serve from being drained of its oil.
before the conclusion of the morn
4rg neriod Mr.. Roberts presented fol-
the benefit of the jury by witnesses
4he COPY of a report on an lnVestl
CATION ordered by Mr.. Fall, the ther
Secretary of the Interior. evidence
tending to show there was no I'M
minent danger" OF drainage IN th'
oil reserves before the lease was
made.
DIR. George Otis Smith, director o.
4he Geological Survey, the first wit
ress testified that at Falls reques
he had sent to Teapot Dome trained
,,eoloyist. K. G. Heald, to check up OF
Tho report previously made by Harold
1yapgeman to the effect that drainag'
I'm the field was only slight. BY tn
testimony of Heald the Government
cot into the record that Fall had beer
Informed both orally and in n writer
statement that there was no DANCE
from drainage.
The Government contends in the in
A,ctment that Fall, regardless or tn
1,roof furnished in this second inVes
1jeation of drainage conditions, wen
ahead deliberately and leased the IAN
10 Sinclair.
George p. Hoover, counsel for Sin
clair, sought in vain TO have the re
mort stricken from the record, bu
was oyerruled by the court. In tn
legal wrangle that followed Justlc
Frederick J.. Siddons, who is presld
ing over the trial in Criminal DiVi
sion No. of the District Suprem
Court ruled that the defense coui
interrograte Head about what n
had told Fall in conference with IN
Interior Secretary.
Martin w. Littleton, chief counse
for Sinclair, sought to break dow
The testimony by a volley OF ques
lions which threw the courtroom INT
= turmoil. lie was overruled on
-, Jozen different occasions by the cour
on objection from Roberts.
Letters Read 10 jury.
The session opened this morning b
barking back To point in the defens
cross-examination yesterday afternoo
when ii failed to get into the recor
a letter from Fall 10 Senator La Fo
m l.fte. Justice Siddons raised the pnif
SG0ptiausQ on Pase >. G9lUNa AA