Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-12
FALL NOT TO TAKE
STAND AS WITNESS
Doheny Is Expected to Tell of
100000 Loan Made to
Ex-Cabinet Officer.

Whatever the expectations that Albert
B. Fall would be called upon to testify
during his trial on bribery charges
were abandoned today when Govern
ment counsel announced the former
Secretary of the Interior would not be
asked to take the witness stand.
Conditional upon the sick defendants
physical ability to continue with the
trial after court reconvenes Monday
morning. it was the general consensus
of counsel on both sides that the case
would go to the jury october 81 or
october %. If it is at all possible an
endeavor viii be made to conclude the
trial at the end of next week.
Doheny 10 Tell Story.
Frank J. Hogan, chief defense coun-
sci, agreed with Government counsel
that 1t was obvious that Fall was unfit
to take the stand. Hogan viii rely upon
Edward l.. Doheny to tell the jury the
story of the S10O, 900 received from him
by the former cabinet officer, which the
Government contends was brtbe.
Through the California oil man the de-
fense will present its claim that the
money was given as loan to an old
friend.
TWO days at the outside will be oc-
cupied by Owen j. Roberts OF Govern
ment counsel to complete his case.
Hogan will require about five.
Government counsel disclosed today
that Edward B. Mclean, publisher OF
the Washington Post, from whom Fan
at first said he received the 100000, Is
i'll in a sanitarium outside OF Wash
ington, He will be unable to testify
next week. BY agreement, his testimony
in the former conspiracy trial Will be
read to the jury.
Occupies Wheelchair.
His condition somewhat improved"
since his legal victory late yesterday in
averting a mistria!, Mr.. Fall today
came into court in a wheelchair, and
appeared quite at ease as he watched
the proceedings from the prisoners
bar. He again occupied the big COM
Portable chair furnished him on account
of his weakened condition.
While the trial proceeded with cross
examination of G. G. Finney, former
First Assistant Secretary under Fan, the
question uppermost in the minds OF
the court and counsel alike was how
long the iron nerve of the defendant
would keep up under the strain. Only
Mr.. Falls announced determination to
seek vindication despite his condition is
believed to make 1t possible for him to
leave his sick bed.
With an uninterrupted opportunity for
complete rest this afternoon and to-
morrow, 1t was apparent that MIR. Fall
would be able to continue with his trial
Monday unless some unforeseen setback
occurs in the lung trouble which ply
sicians declare indicates bronchial pneu-
-monia.
Mr.. Roberts had completed his ex-
animation of the present solicitor of
the Interior Department when court
adjourned yesterday.
Greets Jurors.
The Jurors received a polite and
hearty "good-morning'' from Justice
William Hitz, after they had filed into
their seats. They responded in chorus,
and also smiled at the array OF counsel
on both sides.
Examination of the Interior Depart
ment official by Attorney Hogan was di-
rected at bringing out the defense
claim that no secrecy was involved in
the bids for the Elk Hills lease for
construction of the naval storage oil
tanks under the accepted bid of Do
henys Pan-American Co. He called
for voluminous list of documents and
letters bearing on the leases and the
negotiations between Fall and the Navy
Department.
The trial was resumed under dramatic
CONTINUED on Page 2, Column 81