Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-26
NEW TRIAL MOT|ON
FOR FALL IS FILED
Arguments for Rehearing of
Bribery Case to Be Open
ed Next Friday.
CONTINUED From First pase,)

recommendation to mercy not 40 the
defendant nay grievous harm"
Summarizing its argument, the mo-
ton said that the courts general charge
to the Jury was unlawful" in that 1T
was argumentative" and of such ma
ture that the statements 1t contained
could have been made by the Govern
lawfully" by the presiding justice.
charged with the duty of directing the
jury in matters of law"
The charge was, moreover, the motion
continued, lin substance and enect o
manifest and obvious indication and
direction that the jury should return
q verdict Of guilty, coupled with .
recommendation of mercy, and the YER
dict returned resulted not from the
evidence, but from that indication ana
substantial direction"
Fail faces maximum penalty OF q
fine of $500 900 and prison sentence
of three years.
The motion for a new trial is to be
argued before Justice HitZ next Friday.
Should it be denied, Fall will enter an
appeal to the Court Of Appeals OF the
District Of Columbia, beyond which lies
one higher tribunal, the Supreme Court
of the United States, which already
has branded the Fall-Doheny trans
action as corrupt and has termed the
former Interior Secretary "a fatthless
public officer"
Since the verdict was returned Fall
has refused to discuss the case for
publication, but has talked at length
with friends and read the many tele-
grams that came to his room as well
as newspaper accounts Of the ending
of the trial. His daughter-in-law In
Ell Paso, Mrs. Jack Fall yesterday
talked with the family over long-dis-
lance telephone. She assured them that
Falls nine grandchildren in the South
west were all well. One grandchild
Is in New York, and another, the L
year-old daughter of Mrs. Jouett Fail
Elliott, raced about the hotel corridors.
Albert Fall Burch, sheriff of Otero
County, N. Mex, where the Fall ranch
is located and lifelong friend Of the
man for whom he. was named, col
lapSed and was under doctors care
most of the day. He revived at various
times to ask, "How is the judge" rs
Fall is known in New Mexico. Fall
was not informed of Burch's condition
and did not see him.
Robert Geronimo, CHIEF OF the Mes.
calero Apaches, and like Burch, a char
acter witness, had lost all his Indian
stoicism He said he had had enough"
Of Washington, and left yesterday after
noon to rejoin his people in the
Southwest
Meanwhile, Mark Thompson Of
Phoenix, Ariz., friend and attorney Of
the former Interior Secretary, slept
under q sedative. Thompson tainted in
court with heart weakness and 1t was
10 minutes before he was revived.
Attorney Is Improved.
Fall was dressed and about his hotel
apartment today assisting his physician
In miniStering to members Of his
family and friends who were shaken
yesterday by the news of his convic-
| ton.
! Mark Thompson of Phoenix, Ariz,
Falls personal attorney, who collapsed
in court and was unconscious for 10
minutes, was able to call on the former
cabinet offleer for the first time since
| the guilty verdict was announced.
| Albert Fall Btlrch, sheriff OF Otero
County, N. Mex, and character witness
for the man whose name he bears. also
was much stronger. Burch sustained
successive fainting spells ct the an
nouncement of Falls guilt on bribery
charge.