Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-25
FALL FOUND GUILTY
OF OIL CASE BR|BE
Former Cabinet Member
Stunned When Jury
Presents Verdict.

"The one remaining vote for acquittal
came over for conviction today"
Seven ballots were taken In all.
On the first ballot yesterday, 1t was
said, two OF the woman jurors were for
acquittal and two did not vote, while
on the fourth ballot last night two Of
the woman jurors voted for CONVICTION
and two to free Fall.
Shortly after o'clock, through a
misundei standing, the deputy marshals
in charge of the jury were informed
that an agreement had been reached.
The court and counsel on both sides
were notified, and Mr.. Fall who he'd
been waiting at his hotel since the jury
retired yesterday morning. was sum-
moned to court.
Shortly after the arrival of the de-
PENDANT a deputy marshal informed
Justice Hitz that there had been a mis-
take and the jury was not ready to
report.
During the wait of one hour, so anX-
ious to all concerned, two other ballots
were taken before the one juror was
won over to a verdict to convict.
At 1910 o'clock 1t was rumored that
the jury had reached an agreement. A
half-hour wait. with no further report,
and counsel on both sides were sum-
moned to the chambers of Justice HitZ.
This gave way to speculation as to a
possible conviction. In the meantime,
Mr.. Fall, accompanied by his physician
and nurse, took his customary seat in
the big upholstered chair at the pris-
oner's bar. Doheny left his wife and
sat beside him.
Defendant Appeared UncOncerned.
The elderly defendant appeared to be
more or less unconcerned. though there
was q great gravity about his coun-
tenance which showed subdued emo
ton. They sat and chatted as minute
after minute passed without a word
from the IL men and women deliberat-
ing his fate in q room directly over
their heads.
Forty-1ive minutes of this tense watt
ing passed before Justice Hitz and
counsel made their appearance, and
court was called to order.
The drop of a pin could have been
heard after the jury f1led in, one by
one, and took the seats they had &C.
cupied Is days throughout the trial
Before defense counsel announced its
intention to appeal from the verdict
and move for an arrest of judgment,
Justice Hitz explained to the jurors the
events which transpired In the court
during their absence.
He explained that. owing to physi-
cal exhaustion of the defendant, he
had requested four physicians to ex-
anime him. They reported back last
Friday a week ago that the defendant
was suffering from bronchial pneu-
monia and, in their opinion, was not
able to 20 on with the trial.
Justice Hitz explained to the jury the
events that followed the next day when
counsel for the government moved to
declare a mistrial and discharge the
jury This was opposed by counsel for
Mr.. Fall he said, who suggested that
the case be continued until the follow
ing Monday.
When Fall appeared in court the next
day, Justice Hitz said he realized the
difficulties presented to the court, coun-
sci and jury because of the defendants
state of health. AL other conSidera-
tons having been yielded when the de-
PENDANT waived his Constitutional right
to appear in court made 1t necessary
for the trial to resume, he explained.
Fall had been in constant attendance
despite the report of the physicians
who examined HIM even when 1t was