Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-13
FALL STAKES ALL
ON FINAL BATTLE
Paves Way for End of TriaI
Soon by Waving Right
to Be in Courtroom.

Stalking everything in final fight for
vindication, Albert B. Fall, former Sec
retary of the Interior, yesterday paved
a way for the possible conclusion OF
his bribery trial at the end of this week
by instructing his counsel that in case
illness prevented his appearance in
court they were to waive his constitu-
tional right to be present and continue
in his absence.
This decision on the part of the sick
defendant undoubtedly was actuated
by a realization that a mistrial at this
time perhaps would deprive him OF his
last chance to win an acquittal at the
hands of jury and thus clear his name
of the one remaining indictment stand
ing against him.
Acquittal of Fall in the pending case
would prove a double victory for the
defense. His friend of A years Ed
ward L. Doheny, also is under indict-
ment on charge of giving Fall a bribe
OF 100000 in return for a lease on the
naval oil reserve in California.
Fall Wants Trial to Go On.
Confident that the jury in the pres
ent case would decide as did a previous
jury that this alleged bribe in reality
was merely a loan" from one old
friend to another, Fall is said to be
ready to take every possible physical
and legal measure to prevent the inter-
ruption of the pending trial.
It is not at all certain that the 6e-
year-old defendant viii be able to ap-
pear in court when it reconvenes to-
morrow. Only an ironsswill has enabled
him thus far to bear up under the
strain Of the last two sessions. Given
the opportunity of a complete rest over
the week end he win make the effort. if
1t is humanity possible for him to leave
his sick room
Barring unforeseen circumstances the
case may go to the jury either at the
end of this week or by Monday or Tues
day of next week at the latest. Owen
j. Roberts of special Government coun-
sci expects to conclude with the exami-
nation of witnesses within a day and
half or two days. Chief of defense
counsel. Frank ]. Hogan, expressed his
desire to conclude its case in perhaps
four days.
Will Not Take Stand.
Due to his physical unfitness to
stand the ordeal, Fall will not be asked
TO take the stand in his own defense
The encouragement of defense counsel
yesterday to that effect caused no sur
prise. Hogan will rely upon Doheny's
OSobhiOAiJ W CAPldnl 10 tIlS JURY LIE
$4,000 cash transaction which is the
basis of the bribery indictment.
Disclosure was made by Government
counsel yesterday that Edward B. Nc
Lean, publisher of the Washington
Post, witness, will not be able to ap-
pear in court during the trial because
of illness. BY agreement, his testimony
in the former trial will be read to the
jury.
With the uncertainty of the defend
ants condition hanging over the whole
proceedings, counsel on both sides are
doing their utmost to speed the trial
Examination of witnesses that formerly
required several hours or day and a
half now is completed in a compare
lively short time. This was particularly
significant in the case of z. c. Finney
solicitor of the Interior Department and
first assistant secretary under Fall.
Justice William Hitz also Is taking ar
interesting hand in the proceedings
though in different way.
Hitz Avoids Impressing Jury.
He orders the jury of four women
and eight men to remain in the ante
room while the defendant is beine
| brought into the courtroom in his wheel
chair. When he is seated in his owr
special chair, the jury is permitted tc
enter At the end of the session, the
jury files out of the room before Mr.
Fall leaves.
In this way Justice Hitz has sought
to avoid whatever impression the sight
Of the helpless, white haired defendant
might make upon the jury as he is be-
| ing aided by an attendant physician
and nurse from his wheel chair. The
Jurors. under lock and key during
leisure hours, are not permitted to reac
the newspapers.
Hogan yesterday completed his cross
! examination of the witness, Finney
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