Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-15
TEAPOT DOME CASE
ENTERS FALL TRIAL
U. S. Rests After Using Sim
clair Lease Evidence
to Hit Defense.

"a
with bribery in the leasing of the Elks
Hill, Calf. oil reserves, sustained a Sc
we're blow today just before the prosecu-
ton rested its case, when Government
counsel, with permission of the court,
presented to the jury the story of the
former cabinet officers financial tran
sactions with Harry F. Sinclair, lessor
Of Teapot Dome, now serving a SEN
tence in the District Jail on a convic-
ton for jury shadowing.
Overcoming by the courts ruling the
vigorous objections of defense counsel,
the Government succeeded in producing
testimony from Falls son-in-law and
from M. T. Everhart, Pueblo, Colo,
rancher, how, in 1922, he obtained
$233 900 from Sinclair for third inter-
est in Falls land and cattle company.
The Governments motive in thus
opening the gates for testimony in the
Teapot Dome case was for the purpose
Of strengthening its contention that
the receipt of 100000 by Fall from Ed
ward L. Doheny in connection with the
Elk Hills lease was more than a
loan. Everhart's testimony served to
strengthen the Governments claim
that Falls relations with Sinclair
showed the lease of the Teapot Dome
reserve to the latter was "coincidental"
with the payment of the $233, 900 to his
son-in-law.
Jury Is Excluded at Time.
With testimony bearing on these re-
lat1ons or transactions with Sinclair
completed Government counsel rested
the prosecutions case at noon.
Justice William Hitz had reserved
making ruling on the admissibility of
such evidence until court reconvened
this morning. With the Jury excluded
ne announced his ruling In favor of the
Government
Attorney Frank j. Hogan, chief of
defense counsel, asked directed verdict
OF not guilty, which the court denied.
wnen the Government closed its case.
Hogan noted objection to the a6lmissi-
bility of the evidence concerning SIN
clair. No part of these transactions are
charged in the indictment under which
FAN is standing trial, the defense LAWYER
contended. Their introduction, he said,
placed the defendant and counsel in a
position to meet another and distinct
issue without opportunity for prepara-
ton.
Aside from the fact that defense
counsel argued such testimony was not
admissible under the rule of evidence,
Hogan told the court 1t would tend to
becloud the issue to the prejudice of
the defense. After Hogan said he would
note exceptions he called the attention
OF the court to reports of the Senate
proceedings bearing on the pending
trial which appeared in yesterdays
afternoon papers and those of this
morning.
Does Not Call Hefiin's Name.
Without mentioning Senator Hef1tn
by name, the defense attorney claimed
that the formers remarks on the floor
Of the Senate were made clearly with
the purpose of influencing this court
and jury"
Hogan took the Senator to task for
his charge in the Senate speech that
Fall was trying to exaggerate his ILL
ness in connection with the pending
trial. Aside from being an obvious
tissue Of lies, the report is vicious
in character" Hogan said. He added
that it was known to the court to be
unfounded in view of the testimony
given by four reputable physicians re-
garding Falls physical condition.
Because of such statements appear
ing in the papers, Hogan appealed to
the court to keep all newspapers away
41OLA bA1C JuLO1S, WLlO are IOCkGu up
In downtown hotel while the court
is in recess.
Justice Hitz said that the matter re-
ferred to had been cut out of the only
paper sent to the jurors yesterday, and
also explained that Sundry other refer
ences to the case had been censored. In
this way the jury is unable to find any,
thing in the paper bearing either direct
ly or indirectly on the trial.
Roberts Reads Lease.
Explaining that he felt it best to let
the matter rest, Justice HitZ said he
would hesitate to take all newspapers
from the jury, as the one paper they re-
ceived in the afternoon constitutes their
only contact with the outside world.
After owen j. Roberts Of special Gov
eminent counsel had introduced corre-
spondence from Fall bearing on the
Teapot Dome matter and had called the
former Secretarys son-in-laW on the
stand. he read to the jury the terms of
the Sinclair contract and lease.
Mr.. Everhart told about his first
meeting with Sinclair at Three Rivers,
N. Mex, in the Winter of 1921, and later
about q conference with Fall concern
| when Sinclair was mentioned as a
prospective partner.
AS a result, he came to Washington
in May, 1922, bringing with him the
| stock certificates. Fall told him then,
| he said, that the ranch proposition had
been consummated. From Falls office
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