Evening star., 1928-04-19
Justice Bailey Plans for Ar
guments OF Counsel as
Defense Closes.
GOVERNMENT OFFERS
ADDITIONAL EVIDENCE
Falls Deposition Is Brought Up
by u. S. Counsel-Rebut-
tai Completed.

Inc case Oh Harry r. Sinclair. rev
York oil magnate. charged With con-
spiracy TO defraud the Government in
connection with the lease of Teapot
Dome. will be given TO the jury Satur-
day morning by Justice Jennings Bailey.
The decision was arrived at today
with the termination of the defendants
case. and after Government counsel.
with the exception Of two offers of evil
dence. one Of which concerned the
deposition of former Secretary of the
Interior Albert B. Fall, had concluded
brief rebuttal of the testimony and
evidence offered during the past four
days on behalf of Sinclair
The offers made 10 the court by owen
J. Roberts and Atlee Pomerene. special
Government prosecutors. were first that
the defense on order of court took the
deposition of Fall in FL Paso Tex. two
weeks ago: that he was their witness
and In effect took the stand and waived
immunity. but they have not used the
story OF the former cabinet officer which
has been hailed as the first complete
account Of his connection with the oil
scandal. and second that the defense al
the Fall-Sinclair conspiracy trial which
opened last October aad indicated TO
the jury in it's opening statement that
Sinclair gave no Liberty bonds 10 Fall
although that fact had been admitted
TO the contrary in the present case.
Adiourns Until Tomorrow.
After receiving these offers. Justice
Bailey adjourned court until 2 o'clock
tomorrow morning and ordered the jury
TO report a half hour later. In the
meantime Justice Bailey will take under
advisemcnt the offers Of the Govern
ment and announce ruling as 10 their
admiSSibillty tomorrow morning. The
court. upon agreement Of counsel fixed
the time for opening and closing aTgu-
rnentS at three hours for each side.
After the ruling on the Governments
offer tomorrow and what is believed viii
be brief Arguments on prayers for in
structious from both sides the flnal ar
gutnents will begin Upon the conciu-
sion of the six hours Of oTatOry In
which eacn side will show the jury wha.
il has proved as 10 the guilt or M
uocence OF Els defendant. the court viii
excuse the I2 men unui Saturday morn
ing when he will deliver his charge and
commit the case To them,
Justice Bailey made move today
which will make this expedition OF the
case ftoASlDsG uy AIl4l1hAAtAl& w eNAAA-
sci that he would receive their prayers
un until 9 O'Clock tonight. This will
obvinte the necessity of presentniS them
in open court and eliminate grea;
deal Of time In argsim mt.
The failure ot the defense tl use the
Fall deposition which has been III GUS
tody of the court and under seal Tor
two DAYS came as a surprise, parucu~
larly in view OF the fact that deep in
teregt was attached 10 the story as told
BIZ Fall from his sick bed short time
ago. and al which time IL was an
nounced IL would be presented IN the
present ease The document Is said 10
embody nearly 30 600 words. IT was
taken by Daniel Thew Wright. Wash
ington attorney, of counsel for Sinclair
Defense Concludes.
The defense concluded It's case at
nag O'Clock this morning after II mad
presented James r Allen. New YORK
broker as the ninth character witness
OF the morning The Government, In
rebuitai, read "a the Jury testimony be-
fore the Senate Teapot Dome committee
at It's original investigation given by
J. w Zeyely. personal attorney OF SIN
clair and who has since died. and placeu
several other documents in the recoras
Tense evidence None Of this was of
striking nature and passed by almost
lnnoticed. II was then that the onef
concerning the Fall deposition ana lne
defense allegation al the last trlhl OF
Liberty b0nds passing from Sinclair 10
Pail vas made.
Each side required four trial days 10
present its case as against 3 trial daYS
used by the Government alone AZ the
October trial before II WAS halted ana
before the prosecution had concluded itS
case on the jury tAmpcrlnR allegations.
Sinclair himself did not take the
stand and from the outset II was unaeT-
stood he would not appear as Witness
The defense offered no testimony on the
point proved by the Government
through Falls son~in~iaw. M Il. Ever
hart, that Sinclair gave him bonds ana
cash In excess Of $3.50 900 after the Tea
pot Dome leaae was signed, but ap~
peared contented 10 rest on It's cross "ek~
animation Of EYefhart In which IL was
brought out the money either went hs
loans 20 Pail Uf wah for uiie-tnird ln-
crest In his New Mexico ranch property.
The trial was materially shortened
owing 10 numerous agreements ana
stipulati0na entered into by opposing
counsel with respect la documents ana
commonly known facts and also De-
cause the Government. through Ever
haFt's testimony WAS not put 10 tlie
necessity of going into thf Continental
Trading 20 bond matter aA us only
way Of proving that bonds ala pass
between Sinclair and Fail, since ule
last trial at which EYerhart refused
10 testify on the ground OF aeit~incflni~
nation. the statute Of llnittstiails was
reduced from aix 10 three years tnrFe~
by making him free to tell MS story.
Correspondence Read.
Al the outset OF tNday's proceedings
the defense through Assistant Secretary
n e. Finnsy 0f the Interior Depart
ment read Ia the jury correspondence
brt@een PAIL and Finney aud w
xevely sincialf's attorney. relative To
leasing matters in the Onage Indian
reserge. The purpose was Ia show why
f3incialr and Zevely visited Fall al MS
New MeAieo ranch the last week OF
December, 1921 Then tolloWed eight
character witnesses Patrick Mcuovefn,
contractor. of Great Neck. NJ VI NJ
L. Trubee nf Independence, kanA,, Flnv
ley Peter Dunn ~ New York CITY, IL
n williams ~ New York Henry w
FafDham nf Chicago, broker former
Senator Davis Elklns 81 West virginia,
l.. l.. Humphrey ot Independence, Kama,
and Albert pangeffeid, secretary of the
Jockey Club 0f New York State
They all testified as Ia tiinrlair's hon
egty and fair dealing up t0 May 1898,
when the indictment was presented
against him
Roberts cross examined each witness
a. determine what connections they mad
s9s. q