Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-02
FALL VIND|CAT|ON
HOPE IN APPEAL
Convicted Former Secretary
Vigorously Asserts Inno-
cence of Oil Fraud.
~ the Associated Press.

~ the Associated Press.
Convicted of bribery, but vigorously
asserting his innocence, Albert B. Fall,
Secretary of the Interior in the Hard
ing cabinet today rested his hope OF
vindication upon an appeal to higher
courts
Beyond the Supreme Court OF the
District of Columbia, in which he was
found guilty of accepting bride OF
800, 900 from Edward L. Doheny in re-
turn for executing the famous lease on
the Elk Hills naval oil reserve, la. but
two tribunals--the District OF Columbia
Court of Appeals and the Supreme
Court OF the United States.
In spite OF the fact that retractlon
of his appeal would bring about sus-
pension of the rone-year Jail sentence
imposed upon him by Justice William
Hitz, together with fine of 500, 900. the
former cabinet officer went purposefully
forward with his efforts TO obtain an
ultimate eXoneration.
For the first time since the oil scan.
dals came to the attention of the Ma
ton the former Secretary late yesterday
issued public statement. summing up
his version of the naval petroleum re-
serve leases. In this he said that his
borrowing" of money from Doheny may
have been "unethical." that he COM
mitted an 'unSpeakable blunder" in
writing to the Senate committee that
he obtained the money from E. B. Nc
Lean, and finally he entered a plea that
the American people not believe him
guilty of this damnable crime OF
which" he protested his innocence.
Appeal Next Step.
The next step for the convicted for
mer cabinet officer was the appeal to
the Court of Appeals of the District of
Columbia Like all higher tribunals
this court Is empowered to review cases
brought to it not only upon questions OF
law involved, but also upon the merits
of the evidence and TO set aside jury
Verdicts If 1t sees fit
The principal contention of Falls at
torneys Is that Justice Hitz, in instruct
ing the jury, went beyond his province
in telling the panel that 1t should not
be swayed by sympathy for the aged
and ailing defendant, should decide the
case upon the evidence before 1t and
leave all questions of mercy to the court.
Fall contends that this was tantamount
to telling the jury to return verdict
of guilty with a recommendation for
mercy, as was done. The appeal also
takes exception to numerous other Sec
tons of Justice Hits charge.
Although no one could foretell what
the action Of the Court of Appeals
tons that 1t would follow the course It
pursued in diSposing of the appeal of
Harry F. Sinclair from a three-month
Jail sentence for contempt of the Sem
ate. In this case, the appeal was GER
titled to the United States Supreme
Court with q request for rulings upon
hypothetical questions OF law based
upon the case itself. Subsequently, the
Supreme Court asked that the entire
h. tNnE tn tor
ton.
Whether or not this is done, Fall will,
If, the Court Of Appeals acts adversely,
carry the case himself to the Supreme
Court. The Nations highest tribunal
has already expressed its opinion of
the former cabinet ofilcer's part in the
oil scandals.
Transaction Called Tainted.
Called upon for ruling on civil suits
brought by the Government in its sue
cessful effort to cancel the Elk Hills
lease and the lease op the Teapot Dome
naval OIL reserve, which Fall executed
to Sinclair, the Supreme Court declared
the DOheny transaction to have been
tainted with fraud and corruption"
and termed Fall q "faithleSs public
ofiicer." In dispOsing Of the Teapot
Dome Civil case 1t was equally vehe-
ment.
Although Sinclair is now serving q
Jail sentence for contempt of court,
the Fall conviction was the first the
Government has won based directly on
the Oil scandals. Tried with Doheny
on charges OF conspiracy, Fall was ac-
quilted, and tried with Sinclair upon
the same charge, the court action ended
in mistrial when it was discovered
that the defense had engaged agents to
shadow members Of the jury. Out of
this grew the Sinclair sentence for
contempt.
Sinclair subsequently was brought to
trial again for conspiracy and was ac-
quilted. Fall was unable to appear at
that time because Of his illness, and he
still faces this charge. although it is not
considered likely that the Government
Will pursue 1t, due to the Sinclair ac-
quittal.