Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-21
SCORES
DOHENY'S LOANS
Prosecuting Attorney Starts
Final Argument in
Fall Trial.

Olt Iots
With the bribery trial of Albert B
Fall entering its final stages, former
Senator Atlee Pomerene, a special Gov
eminent counsel, In opening the final
arguments today, told the jury that, re-
CARELESS of the fact whether the 500, 000
accepted by the former Secretary of the
Interior was loan or gift from Ed
ward L. Doheny. the criminality Of the
transaction is unquestioned."
It was apparent today that unless the
final arguments are shortened the case,
which is now entering its thirteenth
day may not be turned over to the jury
until Wednesday.
More than an hour was consumed
by attorneys in conference with
Justice William Hitz before court con-
vened at IL O'Clock over the prayers
The principal contention arising over
one OF the defense stipulations that the
Government must show intent to dc
something for DohenyS bcffeft was In
Falls mind before November 80, 1921
the day he received the money from
the oil man.
Fall Walks Tn.o Room.
The defen.'~-' I'D members of his
OF Grim III Division of the District
Supreme Court, where the case is being
tried, and a large crowd Of spectators
stood outside In the corridor for an OPP
portunity to gain seats. Mr.. Fall walked
unassisted to his seat and after the
proceedings opened Mr.. Doheny sat
down beside him.
Although no time has been agreed
on, 1t was the expectations of counsel
on both sides that no more than six
court hours would be consumed in the
final arguments. 1t was the hope Of
counsel that the jury might get the
case by noon tomorrow, but this was
not altogether certain.
Mr.. Pomerene had not concluded his
own opening argument when court
recessed at noon for luncheon. He will
be followed by Frank j. Hogan, chief
OF defense counsel; Mark B. Thompson
of New Mexico and Wilton j. Lambert,
who will close for the defense.
Owen j. Roberts, who has prosecuted
the case since its opening will make
the final summing up on behalf OF the
Government.
Reviews Pearl HarbOr Case.
In reviewing the preliminary steps
that led 10 the negotiations for the
creme sought to bring to the attention
of the jury the tact that the lease OF
the Nays oil reserve to Doheny was
cctually in Falls mind before the re-
ceipt of the 100000 from the oil man
Shortly afterwRrd the issuance Of the
executive order of May 81, 1921, trans
ferring the oil reserves to the Interior
Department, Government counsel de-
clared 1t was apparent that there were
some conferences between Fall and Do
heny.
More than that, Pomerene declared
that as early as July 8. 1921, the oil
man was being kept informed as tc
what Fall was doing or was going to dc
with regard to the Nays oil reserve.
He quoted from correspondence in which
Secretary Fall told the oil man that he
was going to handle the oil matters
himself, and would consult with Secre-
tary Edwin DENLY of the Navy only with
regard to matters of policy.
Il think as we go along" Pomerene
told the jury, I'VE shall understand his
reasons for that"
"a Wise Old Man."
Several times during his address to
the jury the Government attorney re-
ferred to Doheny as "a wise old man."
He particularly stressed the fact that
Doheny had blurted out before the
Senate committee that his Pan Ameri-
can Co. expected to make the profits OF
500 900 900 out Of the Government oil
deal"
That wise old man never blurted out
anything without being certain as to
what he was saying" Pomerene de-
clared.
The Government attorneys opening
remarks were directed in An effort to
convince the jury that the correspond
ence between Fall and Doheny before
the alleged bride transaction clearly
showed their close relations
They had talked about confidential
men working out the methods of the
negotiations" Pomerene declared, and
even before the acceptance of the al
legged bride he claimed Doheny had in
formed Secretary Fall that If his COM
pany undertook the work at Pearl Har-
Dor, It must have additional leases IN
the Elk Hills reserves.
"OnIy Drop in the Bucket"
Doheny's offer of 100000 to the
Government official may have meant
only a drop in the bucket" for the oil
man, Pomerene stated, but 1t meant
much to Fall.
There is not a man or woman on
this jury" he said, who does not
recognize the utter improperly of a
private citizen dealing with a public
official who goes and makes MIN a loan
when public lands are concerned"
The years of friendship between the
two men offered as an excuse by the
defense, Pomerene declared, was all the
better reason for their negotiations
under these circumstances.
Mr n
question raised by other oil concerns as
10 the legality of the project proposed
TO them and the Pan-American Co,
and stressed also the fact that Fall was
informed by his subordinate, H. Foster
Balm, that the Pan-American Co. alone
could be expected to bid on the con-
structlon work at Pearl Harbor.