Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-01
Justice Hitz Considers For
mer Cabinet Members
Poor Health in Pronounc.
ing Minimum Penalty.
ADMITTED TO $1,000
BOND PENDING APPEAL
Sentence, if Put Into Effect, Will
Have to Be Served in Common
Jail of District Of Columbia.
Former Secretary Refuses to
Make Statement.

Albert B. Fall, former cabinet
officer, convicted of receiving
500, 900 bribe, today was sentenced
to one year in Jail and fined $780,
900, after a motion for a new trial
had been denied by Justice Hitz in
the District Of Columbia Supreme
Court.
Fall, found guilty last week of
receiving a bribe from Edward L.
Doheny, oil operator, was granted
bond pending an appeal.
Under the law the maximum
sentence that could have been
given the former cabinet member
was three times the amount he
received or a 100000 fine and
three years in a Federal prison.
Falls one-year sentence if put into
effect will have to be served in the
common Jail Of the District of Columbia,
as any sentence Of less than one year
and one day does not send the con-
victed person to a Federal prison.
The defense attorneys made q brief
and formal motion and the proceedings
were over in few minutes.
Falls Health Considered.
Justice Hitz said had Fall been in
good physical health he would have
imposed fun sentence, but that In view
of his health he would have suspended
sentence II it were to take effect at
once.
The eotirt let defense counsel under
stand that II the appeal were dropped
he would suspend the jail sentence aS
long as Falls physical condition was
such as it is now.
Doheny, accused Of giving Fall the
bribe in return for Q lease on the
Nays Elk Hills Calf, oil reserve, was
not in court when the former Secre.
tary of the Interior was sentenced.
And in contrast to the tumultuous
scenes in court when Fall was found
guilty, there was no demonstration
today.
Mrs. Fall sat beside him and his two
daughters were among the spectators.
Mrs. Fall leaned forward over her hus-
bands right shoulder and talked with
him and patted him on the left shoulder.
Fall Refuses Statement.
Fall said he had no statement to
AiiNAC ot IAAAo 11O WdAOCd AOl AZ
minutes for his new bond of $4,000 to
be prepared for his signature. It was
signed by the National Surety Co.
While he was waiting his daughters,
Mrs. C. C. Chase and Mrs. Jouet Elliot,
stepped to his side. and Mrs. Chase.
sitting on the arm of his chair, threw
her arms around his shoulders.
Falls three attorneys were present.
including Mark Thompson, who coll
lapsed in the courtroom when the jury
rendered its verdict.
Defense counsel, headed by Frank
Hogan, based their plea for new trial
largely on Justice Hitzs charge to the
jury. which they contended was preJu-
dicial. and on the admission of evidence
regarding the lease of the Teapot Dome
naval oil reserve to Harry F. Sinclair.
Hogan in his plea for new trial
merely outlined the grounds on which
he based his motion and they were
overrued without Government counsel
having to make a reply.
Just before sentence was pronounced
Thomas E. Norris. foreman of the jury
which convicted Fall, and Miss Virginia
Cooper, 23-year-old stenographer,
jury member. took seats in the audience.
AS soon as his bond had been signed
Fall, accompanied by his physician and
members Of his family returned to his
hotel.
To Continue Efforts.
Notwithstanding Justice Hitz's offer
of leniency in the event the appeal was
abandoned, Falls counsel said they
would continue their efforts on his be-
half through the higher courts. Should
the District of Columbia Court OF Ap-
peals rule against them, the Supreme
Court would be their next and f1nal
resort.
In the civil cases to recover the naval
reserves the highest court already has
termed Fall a faithless public ofhcer.
This characterization was said by
friends to have been one of the moving
impulses behind the former Secretarys
determination to contest the case to
finish.
Falls conviction was the first in the
series of criminal trials growing out of
the oil scandals OF his administration
as head of the Interior Department.
He is the first man to hold cabinet
post ever to have been sentenced for n
felony and that came after he had once
been found not guilty Of conspiring with
Doheny to defraud the Government in
the Elk Hills lease.
Another Charge Pending.
The former Secretary still has pend
ing against him a charge that he con.
spired with Sinclair to defraud the Gov
ernment in the lease of the Teapot
Dome reserve which he granted to SIN
clair's Mammouth Oil Co., but 1t was re-
garded as unlikely that the charge
ever would be pressed, because Sinclair
was acquitted OF similar allegation.
Sinclair, who was alleged to have
given Fall $269,500, is serving six
months in Jail for contempt of court
growing out of his employment Of de-
hearing the conspiracy charges against
him and Fall. The case ended in q
mistrial when it was discovered Sim
clair's detectives were following the
jurors.
Kemal Opens Turkish Assembly.