Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-02
FALLS PLEA TAKEN.
UNDER AMUSEMENT
Former Member of Cabinet
Holds Case Was Closed by
Previous AcquittaI.
BY the Associated Press.

BY the Associated Press.
Justice William HitZ In the District
of Columbia Supreme Court today
took under Amusement the plea of
Albert B. Fall that the bribery indict-
ment against him should be dismissed
on the ground that the case had been
closed by Falls acquittal for con-
spiracy in connection with the Elk
Hills, Calf, oil leases.
Justice Hitz, after hearing argument
on the motion Of the former Interior
Secretary, noted that the case was set
for trial on its merits next Monday
and said he would dispose Of the motion
on or before that day.
Presents Own Plea.
Appearing in court for arraignment
at his own request this morning,
Fall personally presented to Justice
William Hitz in the Supreme Court of
the District of Columbia four pleas in
which he asked dismissal of the in
dictment charging him with accepting
a bribe Of 100000 from Edward L.
Doheny, California Oil man, in No
vember, 1921.
Trial was scheduled some time ago
10 start October Z on the case. which
grew out of the leasing to the Pan
American Petroleum & Transport Co.,
a Doheny concern, of lands in the Elk
Hills, California. naval oil reserves. in
connection with a contract for the
building by Doheny of an oil storage
plant in the Pearl Harbor. Hawaii.
navy yard.
Prolonged Investigation.
Following a prolonged investigation
by the Senate public lands committee,
the District grand jury on June 80,
1924, filed an indictment charging
Doheny and Fall with conspiracy. This
was based upon an alleged agreement
between the two that Fall would lease
California naval lands to Doheny'S COM
pany in consideration of the oil mans
lending or giving him 500, 1000. At the
same time separate indictment
charged Fall with accepting a bride of
100000 from Doheny In consideration
of giving to the latter the Navy land
lease.
Doheny and Fall went to trial late
in 1926 on this indictment and were
acquitted by District of Columbia
Jury. The indictment under which the
Government now seeks to again try
Fall charges, so his counsel contend,
precisely the same thing charged In
the case in which both men we're found
not guilty.
cial pleas, which were contained in
printed pamphlet, to the contents OF
which Fall had made affidavit. Two Of
the pleas made the point that the exact
fact involved in the present case had
been involved in the case which was
tried three years ago, and that that
fact had been fairly submitted to a
Jury, after full evidence had been given
by Falls prosecutors and by his de-
Tense, and he had been promptly &C
Quilted
Question Of Jeopardy.
Two other pleas presented the con-
tention that to retry Fall on the same
charge that he had previously been
acquitted of would constitute viola
ton of the right guaranteed every citi-
zen by the Constitution of the United
Safes, against being twice put in jeop-
ardy for the same OffenSe.
Falls pleas set forth in full the old
indictment, under which the Govern
ment lost its case after trial. There Is
Justice AdOlph A. Hoehling to the jury
In the trial three years ago, in which,
so Fall contends. the judge expressly
submitted the charge that Fall was
bribed to the jury as one Of the ma
terial facts in the old case.
Fall was accompanied by his attor-
neys, Frank j. Hogan, Wilton j. LAM
bert and William z. Leahy of Wash
ington, and Mark B. Thompson, his
personal friend and counsel from
Phoenix, AriZ.
Mr.. Doheny, who, according to pre-
vious testimony has been q friend of
Fall for nearly half century, also ac-
companied the former Secretary of the
Interior to court. Doheny arrived in
Washington last Monday. having come
here to testify as q witness in the case
II 1t is tried.
Through Attorneys Atlee Pomerene
and Owen j. Roberts, special oil prose-
cutors. and United States Attorney Leo
A. Rover the Government filed q de-
murrer to the pleas and the matter
proceeded to argument.