The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-10-25

Fall, who has been i'll with
a lung ailment since the trial
started, sat still in his big
green leather easy chair in
the prisoners dock as the
verdict was read. Doheny
stood at his left, and his Ell
Paso physician, H. T. Stafford,
and a nurse were at his right.
Fall showed little emotion. He
wiped his eyes once or twice. Mrs.
Fall, who was in bed with a cold
Thursday night kept up q Spartan
impassivity after her first sob,
though her daughters sobbed
audibly.
Holds Cane Tightly
She fixed her eyes on her aged
husband, sitting slumped in his
chair few feet away inside the
railing, only the top of his white
head visible. A blue robe was thrown
around his shoulders and a brown
one over his knees.
In his other hand, Fall held q
curiously carved cane, probably some
memento of his cattle days in the
west and gripped it tightly,
Defense Attorney Frank j. Hogan
gave notice he would present mo-
ton for a new trial and motion in
arrest of judgment. Under the law,
he has four days to do this. If these
are denied, as is usual in criminal
cases, the judge will then impose
sentence. Thereupon, an appeal to
the District of Columbia court Of
appeals can be noted.
When court adjourned, the 73-
year-oId Doheny made an i'm
passioned outourst of rage to
friend.
"The jury didn't try the case, the
judge tried it," he shouted.
Mark Thompson CoIIapses
A similar bribery indictment Is
pending against him.
Mark B. Thompson of Phoenix,
Falls former ranch neighbor, and
personal counsel for many years,
collapsed in the court room, ten
minutes after court adjourned. The
tall spare, good humored plainsman
has sat at Falls side throughout all
of the trials. He was confident Of
acquittal when he talked with a
United Press correspondent before
the jury went out.
Thompson, who has weak heart,
made passionate appeal to the
jury to send his client free to the
lung healing sunshine of New Mex
ico."
Justice Hitz had warned the jury
in his charge that it had nothing to
do with the sunshine Of New
Mexico"
The jury took seven ballots before
reaching an agreement, Foreman
Norris said after he was discharged
-Four ballots were taken Thurs
day night, and on the first poll
seven were for acquittal, three for
guilty and two doubtful" Norris
said. when we retired at / a. m.
today, after taking the fourth bal
lot, the poll was seven for guilty
and five for acquittaL
Taken to Hotel
"On the first ballot today it was
eleven for guilty and one for acquit-
tai. Two more ballots were taken
before the vote was unanimous"
THE Judge invited what he got
said Frank Hogan, chief counsel for
the defense. "The jury was not an
independent body. The verdict was
inevitable in the face Of the charge.
But this is only the beginning"
Fifteen minutes after the verdict,
Fall, still dry-eyed, was wheeled out
of the courtroom to his waiting au-
tomobile and taken to the Hotel
Mayfiower suite, in which he has
lived since he came here from Ell
Paso three weeks ago. The Fan
family had expected to leave for
their New Mexico home within
thirty-six hours il an acquittal yer-
dict was returned.
Thompson regained consciousness
after ten minutes with administra-
tion of restoratives by DR.. Stafford,
Falls physician. He had to be car
ried from the courtroom.