Evening star., 1928-04-13
YOUNGER D0HENY
FREED. TO TESTIFY
ON BRIBERY CHARGE

Continued from First rage.)
ed that FAN gave Zevely o receipt for
the Liberty bonds, which, his evidence
would show, were deposited In an El
Paso bank and later sold for the ac-
count of the then retired cabinet oficer.
Defense Objects to Offerings.
To both these offerings the defense
strenuously objected. Anticipating their
presentation, counsel for Sinclair had
prepared nemorandums citing authors
ties In support OF their contention that
they should not be admitted. As to the
first offering, the Zevely bond matter,
Justice Bailey, after hearing brief state
ments from both sides, said his present
inclination Is to exclude it. bu II will
consider it over the week end and
(turning TO Roberts) you may offer 1t
again Monday morning"
The court had no comment to make
IN the DCheny testimony beyond stating
that ''T viii act on IL Monday morning. :"
Doheny viii arrive in washington from
California tomorrow morning
BY numerous agreements and stipula-
and defense counsel, the prosecution ac-
tually win have used up but four trial
days when It finally rests its case Mon
day. The previous Sinclair-Fan conspir.
acy trial had entered its thirteenth
trial day when Justice Frederick L.
Siddons discharged the jury from fur
ther consideration Of the case. At that
time the Government had several more
days ahead of It before 1t could rest
its case.
1928 AEreement Read.
The session today was opened with a
4s-minute reading by Roberts Of the
agreement, dated February ., 1919. be-
tween the United States and the
Mammoth Oil Co., Sinclair's concern
organized to operate the Teapot Dome
lease, relating to construction Of steel
tank storage and facilities and for the
fsliing Of the storage tanks with fuel
oil and other petroleum products, which
was q high point Of the lease.
Upon completion Of this. P0merene,
By agreement between counsel. read the
testimony given at the previous trial OF
Harry M. Daugherty. Attorney General
at the time the lease was negotiated
and signed. In this testimony Daugherty
said his recollection was that he was
not Officially asked for any opinion
from the Interior Department, the
Navy Department or any one else In
regard to the legality Of the lease and
contract between the Government and
Sinclair" Daugherty at another point
said he could swear quite positively
that ! never rendered any opinion on
these questions"
The stipulated testimony OF Edwin 3.
Booth, who In 1922 was solicitor OF the
Interior Department, then was read and
Il showed that he was not asked for an
opinion as TO the legality OF the lease
and did not learn ofncially that such
q lease was In contemplation.
Yesterday afternoon the Government
offered testimony 10 show that Sinclair
entered into an agreement with the
holders Of claims on Teapot Dome
whereby he would quiet those claims
for 81 600 900 IL granted the lease. In
the oil magnate's original proposition
70 Pail ne promised. with other
things. 10 quiet all existing claims. The
Government followed this up with teS-
timony showing that nearly S35O.O
had been paid by Sinclair's Mammoth
oil Co. under the terms Of tne contract
up until the lease became lnVolVeu IN
litigation.
With the consent Of the defense. the
Government read 70 the jury ths tes-
timony OF Frank ". Kistier OF Denver.
president Of the Producers Il Refiners
Corporation adduced at the October
trial Kisller was TO have Gons on the
stand yesterday. but he Is III In NewYork.
This testimony was 10 the effect that
Kistler saw Fall In March, 1922. shortly
before the lease was signed. With respect
70 obtaining a section Of the reserve
and Pail told him nothing was con-
tennplated at that time. KistIer was
told, though, that II Fall decided To
lease the reserve he would let me
know and give me an equal opportunity"
A month after the conference, Kistler
read In the newspapers that Sinclair
had been given the lease and his tls.
tinony kaid that he had not been COM
nllinicAte1 with as Pail had promised
and received no invitation 70 submit
bid.