Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-23
Jury TO RECEIVE
FALL CASE TODAY
Defense Makes Final Plea.
Court Objections Reused
by CounseI's Speech.

The fate of Albert B. Fall, former
Secretary Of the Interior. who has been
standing trial on bribery charges since
October Z in Criminal Division 2 Of the
District Supreme Court, will be placed
in the hands Of . jury this afternoon.
The way was paved before the noon
recess today when defense counsel con-
cluded their final pleas. Owen J. Rob-
erts, special Government counsel. who
has prosecuted the bribery charges
throughout, will make his final argu-
ment at the noon recess.
1t was expected the case would go TO
the jury about 3 O'Clock.
Indicted Seven Years.
Former Secretary Fall has been under
indictment for five years, charging &C
ceptance of a bride of 100000 from
Edward L. Doheny, California oil man,
in connection with the leasing of the
Elk Hill, naval oil reserve In 1922.
Three defense attorneys, Frank j.
Hogan Mark B. Thompson and Wilton
j. Lambert, turned loose flood of ora
tory upon the jury at the close of the
morning session. The 68-year-old de-
PENDANT sat beside his physician and
nurse during the final plea and heard
himself extolled as a man of honor"
whose long public service and "un-
sullied character" rendered him in
capable of doing the thing which the
Government charges.
Impassioned Plea.
Mr.. Hogan, chief of defense counsel,
who was followed by Thompson,
brought his own impassioned appeal to
the jury to an end with this admoni-
ton:
Il appeal to you that before darkness
closes in on you this good day that
you send Albert Fall to his loved ones
and the lung-healing sunshine of his
beloved New Mexico
The defense attorney addressed the
jury for IS minutes thi snoring, having
begun his closing argument late Tues
day. He painted final picture OF the
defendant as a patriot of 'unsullied
and unblemished character" whose
long record of honor in public offices
raises a strong presumption of inno-
cence, and that such man would not
be guilty Of crime of bribery.
Sinclair Case Recalled.
Referring for the first time in his
long speech to the testimony given by
rail SOI-hSldW, Va. EVCEDdEb, OLl
the 1853 900 transaction between the de-
PENDANT and Harry r. Sinclair. the de-
tense attorney told the jury that jug
tice Eitz would instruct them to con-
slider this testimony In so far as 1t
throws light on the alleged accept
ance of the bride of 100000 on June
80, 1921.
confined by the rules of court. Hogan
insinuated, however, that a jury al
hod ma ccod tha Sinclair
action and challenged the Government
| to meet this issue again.
He declared the Sinclair transaction
| had been dragged into the present
state by the Government as an act
Of desperation" and characterized il as
"barefaced evidence" of the Govern
ment's inability to prove the bribery
charge.
The defense attorney opened his clos
ing remarks with reference to the $780,
900, 900 profit which Dcheny was ex-
pected to make out of the Pearl Harbor-
Elk Hills oil contracts, by explaining
that this profit could be expected only
under the most favorable conditions
after IS to 80 years and an investment
Of $2oo, oo0.O 900.
I1,ee0 Would Share.
More than II 900 stockholders would
share in the profit with Doheny, he
said, and stressed that at the age Of 70
the oil man could not be expected 10
live to enjoy the profits
Hogan covered the alleged bribery
transaction by explaining that 43 years
OF friendship was the reason why Do
heny offered the loan of 100000 and
for Falls acceptance.
Exhibiting the note Fall had given in
return for the "loan," Hogan demanded:
III man accepts briPe of 100000
to be false to this trust, would he give
the briber his note?"
To strengthen the defense claim that
this was an honest loan, Hogan related
how the defendant had turned over to
Dohenv some years later a one-tfird
interest in his cattle ranch as additional
security for the loan and had Endorsed
a note for $l24,000 as further protec-
ton In the form Of a second mortgage.
Objection Aroused.
Thompson. Phoenix attorney and per-
sonal friend of Fall, began his plea for
the defendant and cuaSed Government
objections in telling of his long friend
ship with the former cabinet member
Roberts asked the attorney if he we're
a witness.
Il trust not" Thompson replied. and
then began reviewing the friendship
between Fail and Doheny. from the
time 43 years ago when a red-haired
Irish boy and a black-haired Southern
boy met In little mining town"
The court checked Thompson after
Roberts again protested.
Il hesitate to interrupt you" Justice
Hitz said, but don't remember any
testimony as to the color Of Mr.. Falls
or Mr.. Doheny hair"
Mr.. Lambert closed the case for the
defense. He told the jury the indictment
could not be considered as evidence.
and asserted the burden of proving guilt
was on the Government.