Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-24
FALLS INTENTION
is ISSUE, HITZ SAYS,
AS JURY GETS CASE
Continued From First Page.)

back on the evidence in this case, but
not lawfully" Justice Hitz admonished
the jury.
He told the IL men and women who
are to decide the fate of the 68-yeac-
old defendant that it was for them to
say whether he was guilty OF the spe-
cific charge in the indictment and moth
ing else. -
betrayal of g. public trust" said the
justice.
HE is not charged with conspiring
with Doheny to defraud the Govern
ment, but is charged with betraying mis-
trust as an officer of the United States
on a certain date when he received
money from a man with whom the
Government was in negotiations"
Charge Held Favorable to U. S..
Justice Hits charge to the jury as
whole favored the Government far more
than it did the defense, which claims
the money transaction was "a friendly
loan" based on friendship of A years
standing. Justice HitZ emphasized,
however, that the charge must be
proved beyond "a reasonable doubt"
Referring to the intent in the defend
ants mind upon which hinges the ques-
ton of guilt or innocence, Justice Hitz
pointed out It was admissible and OBJ
vious that money passed from Doheny
to Fall, and that contracts with the
Government ensued. But you are asked
to find the intent in the defendants
mind" he added. ITO find what is in
q mans mind is an inherent difficulty,
but one that the jury must undertake"
He stressed that Fall occupied an
Office in the Government that would
subject him to being bribed and that
Doheny was in financial position to
make "a sentimental loan OF 100000,
If he wished to do it."
You are not concerned with the in
tent of Doheny's mind" he warned the
Jury. you are not trying him." he
added in reminding that it does not
necessarily follow that whatever was
in the oil mans mind was likewise In
Falls.
Touches on Sinclair Deal.
Justice Hitz touched briefly on the
Sinclair transaction introduced by the
Government to show that Fall received
1859 900 from Harry F. Sinclair in re-
turn for a share in his ranch holdings
The jurist impressed on the jury that
this testimony could be considered only
for the purpose in aiding the jury to de-
ternine the intent with which Fail got
500, 900 from Doheny.
1.-THE Sinclair transaction was re-
ceived here" he said, because it was
an act of the same mind at about the
same time on a similar project"
The first half of Justice Hits charge
to the jury dealt with the prayers
of counsel for instructions to the jury
on the rules of law applicable to the
case. He stressed that there was no
charge in the indictment involving
Sinclair.
At the outset of his formal charge
Justice Hitz explained that he assumed
sole responsibility for keeping the jurors
locked up and separated from their
pursuits and homes during the trial.
He said he had made it his purpose
to cut out the newspaper clippings
bearing on any reference to the case,
Except the Fall fashions" which he
had let remain in for the pleasure OF
the woman jurors. -,
Although the courtroom was well
filled when the doors opened this morn
ing, the scene was different from the
eagerness with which spectators gath
cred during the last three days of the
final arguments by the array OF coun-
sci on both sides.
Fall Is In Court.
The defendant, who has been attend
ing trial every day since four physicians
appointed by the court declared ne
| would be taking his life in his hands
to do so, was in his customary seat pc
side his personal doctor and nurse
Members of his family sat as usual with
Mrs. Doheny, among the spectators.
Falls countenance seemed unmoVeo
as the IL jurors filed out OF the room 10
deliberate on his case.
The verdict will affect Doheny also,
although the oil man is not defendant.
He is under indictment, however,
charged with bribing Fall.
A verdict of guilty, which would
mean a Jail sentence for Fall UP to
three years, would result in court ma
chinery being set in motion to bring
Doheny to trial on bribery charges.
An acquittal of Fall, it was conceded
by counsel, would result undoubtedly
in the United States attorneys office
nolle pressing the case against Doheny:
which would bring the five years OF
criminal actions drawing out OF the
OF leasing to an end.
Roberts Sums Up Case.
Arguments to the jury were brought
to close after three days late yester-
day by owen j. Roberts of Philadelphia,
who's ummed up the Governments case
and in doing SO delivered one OF the
most caustic arraignments OF Fall hearo
in courtroom during the long periooi
of prosecution growing out OF the OIL
trials. He began his analysis OF the
case by explaining that an officer OF the
Government, who accepts or receives
money with the intent to be influenced
in transactions involving the Govern
inent, is guilty Of violation of the law.
THAT is all you have to decide, ne
told the Jury. 1T is admitted that FAN
got 100000. What was the intent?
Doheny wanted the oil leases ana FaA