Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-27
FALL FILES BRIDE
SENTENCE APPEAL
10,000-Word Petition At
tacking D. C. Appeals Deci-
sion With Supreme Court.
BY the Associated Press.

BY the Associated Press.
Albert B. Fall. today asked the Su.
preme Court to reverse the District of
Columbia Appeals Court decision which
affirmed his conviction of accepting a
100000 brioe from Edward L. Doheny,
wealthy oil inan.
The former Interior Secretary in the
Harding cabinet made his plea for a
maintained the questions involved
merited determination by the highest
court
Upon his conviction in October, 1929,
in the District of Columbia Supreme
Court of accepting a bride in the leas-
ing of naval petroleum reserves to the
Pan-American Petroleum Co., repre-
sented by Doheny. Fail was sentenced
to years imprisonment and to pay a
100000 fine. The Appeals Court af-
flrmed the conviction last April 6.
Indictment Attacked.
Fall said then from his home at
Three Rivers, N. Mex, that because of
age, illness and lack of funds he would
friends, including Doheny, implored
him to carry the case to the Supreme
Court. After reconsidering, Fall in
structed his attorney, Frank j. Hogan
of Washington to proceed While the
case is before the high court, the
former Secretary will retain his free.
dom.
The petition attacked the validity of
the indictment under which Fall was
convicted, on the ground that unau-
thorized persons were in the grand
jury room when it was drafted. 1t as
sailed the activities of Government
counsel, admissibility of certain evil
dence in connection with Falls nego-
tiations with Harry F. Sinclair, oil
man, and the trial judges discussion
of clemency in his charge.
At the outset the petition charged
the executive order issued in 1921 by
the late President Harding transfer
ring Jurisdiction of naval oil reserves
from the Eavy to the Interior Secre-
tary was void because the law neither
required nor imposed this duty on the
latter.
Special COAnsel Denied.
Although Congress specifically pre-
scribed that special counsel have charge
CT the oil lease prosecution. the petition
said "the Attorney General did"
take charge and control the prosecu-
ton of this case" 1t commended that
besides Atlee Pomerene and Owen j.
Roberts, special counsel, the latter now
a member of the Supreme Court, Oliver
E. Pagan, Justice Department en-
ploye, and District Attorney Peyton
Gordon took part in the prosecution.
Pagan and Gordon. the petition assert
ed, were unauthorized persons in the
grand jury room.
Directions given to Pagan in the
grand Jury room, the petition alleged,
show that "the Attorney General as
sumed and exercised charge and control
of the prosecution"
The admissibility Of evidence from M.
7. Everhart relative to negotiations with
Harry r. Sinclair about the Tres Ritos
Cattle 81 Land Co, along with letter
written by Fall to the Senate Public
Lands Committee on the 100000 re-
ceived from Doheny was questioned.
Court Criticized.
Trial Judge William Hits remarks in
his charge to the jury that jury may
recommend clemency was criticized.
The petition said The jury's verdict
clearly indicates the effect Of the
courts suggestion regarding a recon-
mendation to mercy" It noted that
the Appeals Court held the judge erred
in making the suggestion.
The courts voluntary excuse of a
qualified woman juror was cited as VIC
lating the legal right of defendant.
VIII Accept Petition.
Anticipating the filing Of the Fall
petition for review, the Supreme Court,
through Chief Justice Hughes, an
nounced last Monday, at the request Of
Solicitor General Thatcher, that 1t
would accept the petition should it be
filed before Friday.
1t is expected to announce next
Monday, before adjourning for the
term, whether the case will be reviewed
on its merits.
Should the court refuse to grant
review. Fall must. be committed to
sreve his sentence of che years i'm
prisonment unless his friends succeed
in prevailing upon President Hoover to
set aside the prison sentence.
In event the appeal fails, it is ex-
pected an attempt will be made 20
have the 100000 fine set aside on the
plea of his inability to pay it.