Evening star., 1928-03-22
Government Counsel Moves
for Separate Hearing Aft
er Justice indefinitely Post
pOneS Joint Action.
DEPOSITION BY FORMER
SECRETARY IS OPPOSED
Teapot Probers Will Not Take His
Evidence at This Time, Walsh
Indicates - Ex-Cabinet officer
Denies All knowledge of CONT
mental Firm.

By the Associated Press
The conspiracy trial Of Albert 3. Fall
and Harry F. Sinclair today was severed
by Justice Jennings Bailey, who ordered
the wealthy oil operator tried alone
April T.
Sinclair and the former Secretary of
the Interior originally we're scheduled to
go on trial for a second time April 2.
but counsel for Fall obtained a post
ponement on the grounds that he was
too i'll TO be present.
Government counsel immediately
moved to have Sinclair tried separately
and the motion was granted by Justice
Bailey, who set the trial date i'm
mediately.
Sinclair Counsel Fights.
Counsel for Sinclair opposed the move
to sever the case. contending that Falls
testimony was necessary to the oil mans
defense.
There is to be no effort at this time
by the Senate Teapot Dome committee
to obtain the testimony of Fall.
Both Chairman Nye and Senator
Walsh OF Montana. who have been di-
rectlng the affairs of the committee,
thought the former Interior Secretary's
reply 10 the request OF the committee as
to his readiness to testify closed the
matter for the time being at least.
i think this diSposes of the matter
We had in hand" said Senator Walsh.
A similar view was expressed by Chair
man Nye, but 1t may be that the uues-
ton Will be taken up at an executive
meeting Of the entire committee later.
In the telegram TO Chairman Nye
last night, Mr.. Fan called attention 10
the conspiracy case pending here
against him and Sinclair in connec-
ton with the leasing of the Wyoming
naval oil reserve, and said he was ready
to tell the whole truth" in a deposi-
ton TO the court.
Would Await Action.
Pending the outcome of his plea for
continuance of his retrial on the ground
that his health would not permit a
trip to Washington from Texas, Fall
asked the committee If it would not
be better to await the outcome Of the
court action before seeking his story
for the committee records.
Falls telegram. filed from e. PaSo,
was in answer to one sent: him by
Chairman Nye calling attention to pub
liShed reports indicating that the for
mer Interior official was ready to tell
the whole story and not just part of
1t, and stating subcommittee would
proceed TO FL PaSo at once 10 take the
testimony If you are ready and willing
to testify"
In his reply Fall said he had made a
statement III connection with the bend
ing conspiracy case, but that it was
TO the effect that he was ready TO
have my deposition taken here tEl
PaSo) IN any manner requested by the
court and that I desired the whole
truth be told and would offer no objec-
tionS to any question that might be pro
pounded To me touching any phase OF
this entire matter"
Ignorant of Continental Firm.
He denied any knowledge Whatever
OF the Continental Trading Co. the
disposition of whose profits the COM
mittee Is now tracing, and also said he
knew nothing about Sinclair'S "contrl-
buttons 10 any campaign fund except
as hearSay"
He said he did know, however. ., the
matters concerning three naval oil re-
serve leases and about the financial
transactions testified 10 by NJ. T. Ever
mart, his Son-in-law, rsgardinE his
Three Rivers, n. Mex ranch hOliinsS.
What l meant TO say and I mean
now 10 say" his reply read. is thar I
am perfectly willing to testify 10 ali
matters within my knowledge upon the
subjects indicated
With due respect 70 your committee
and the Senate, l may state now posi-
lively. despite what IS known as the
Mclean letter, dictated by me and adj
dressed 10 the committee. was ready
and willing 10 give all information in
my possession 10 the committee. bur by
the terms Of the Senate Resolution No
"a, regarded myself as having teen
convicted by the Senate and COMMITTEES
ana feared that testimony given bv
me before the committee and nor un-
DER the protection OF q court would
have tended 10 convict me III q judicial
form
My understanding ef the law has
been and is that with my consent my
co-ociendant Mr. Sinclair, can pro-
pound 'nterrogationS and the Govern
Fnent croSS-intervogatiOnS in the udi~
cial proceedings pending and use nv
answers Just rs If / were present In
court"