Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-11
Continuance Would Endanger
Defendants Life, Physicians
Report After Examination.
JUSTICE HITZ TO GIVE
ANSWER THIS AFTERNOON
Former Secretary of Interior Re-
ported to Be Suffering From
Bronchial Pneumonia.

Special Government counsel in the
prosecution of Albert b. Fall today
asked Justice William Hitz to declare a
mistrial in the pending bribery case of
the former Secretary of the Interior
when the three impartial physicians
asked by the court to- examine the
elderly defendant reported that he could
not continue with the trial without en-
dangering his life.
Justice HitZ reluctantly consented to
reserve judgment until 3 o'clock this
afternoon, when court will reconvene to
hear his decision in the matter. His
agreement to take the matter under ad-
visement was given after Frank j.
Hogan, chief defense counsel, made
dramatic plea to the court to give Fall
his chance for "vindication" while he
still lives.
May Appear Monday.
When court reconvened this morn
ing on the fifth day of the trial, Mr..
Hogan said he had been advised by
DR.. H. T. Stafford, the defendants per-
sonal physician. that while Mr.. Fall
was still Ill, he thought perhaps he
would be able to appear in court Mon
day morning. Mr.. Hogan asked, there
fore, that a recess be taken until then.
Justice Hitz reported from the bench
that the three physicians he had asked
to make a medical examination OF Mr..
Fall had reported to him that the de.
fendant was suffering from bronchial
Could not proceed in the trial without
endangering his life. That is the sub
stance of their report, Justice Hitz
said. THAT is the result of examina-
tions by four physicians on three diner-
Dr.. frank Ieech, prominent general
practitioner, re-examined Mr.. Fall this
morning, Justice Hitz said, and was
satisfied the defendant could not leave
his bed.
Roberts Asks Mistrial.
In view of this situation, Owen J.
Roberts, special Government counsel,
told the court, There is nothing to do
but adjourn this trial" He explained
1t would be impossible to continue the
present "fitful situation" by frequent
interruptions and that in his opinion a
mistrial should be declared.
Mr.. Hogan, speaking for the defense,
urged that If Mr.. Fall could possibly
stand trial at this time, the case should
be permitted to continue. 1T viii be
far better for Mr.. Fall to get this OPP
portunity Of a vindication now before
he goes on" Mr.. Hogan told the court,
in referring that Mr.. Fall could not
possibly stand trial during the cold
weather a month or so hence. He OBJ
jected vigorously to any postponement
or to a snistrial at this time.
Justice Hitz appeared extremely
reluctant to grant another recess until
Monday under the circumstances. He
pointed out that aside from the in
convenience of having the jury locked
up until Monday, witnesses also would
have to remain. He thereupon called
DIR. Stafford to the witness stand to ask
him some questions about Mr.. Falls
ability to attend the session on Monday
DR.. Stafford, who came to Washing
ton with Mr.. Fall from Ell Paso, said
he could not state positively whether
the defendant would be able to get out
Of bed on that day. He qualified his
statement, however, by saying, He
might be able to come"
Susceptible to Cold.
The defendants physician said that
from his personal observation of Mr.
Fall, the elderly patient is keenly
susceptible to the slightest cold and
! with the approach of inclement weather
| in Washington, he expressed the fear
that if the trial is postponed his patient
would be more subject to continued
illness. Perhaps 1t would be better
for him to take his chances now than
( IN rold weather.
When Mr.. Fall left El Paso, DR..
| Stafford testified, that although he was
| in a weak condition he had no acute
! illness.
More positive evidence that Mr.. Fall
could not continue with the trial in his
present condition was given by DR..
Leech, when the Washington physician
was called upon to state the results of
| his examination. With DR.. John
| Thomas, noted heart specialist, and
DR.. w. D. Tewksbury, he had examined
the defendant in compliance with the
wishes of Justice Hitz.
Testifying today, he said: 1--WE con-
cluded Mr. Fall was suffering from
congestion of the right lung and of
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