Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-12
FAILS TO ESCAPE JAIL.
Fairs Sentence May Be Amended So He
Can Serve In Texas.

FaHs Sentence May Be Amended So He
Can Serve In Texas.
By the Associated Press.
Final defeat in his long struggle To
escape prison came yesterday to Albert
3 Fall, Harding's Secretary of the
Justice Bailey, in the District of CO.
lumbia Supreme Court, refused to sus-
health.
Fall was convicted in October, 1929,
OF accepting a bride of 100000 from
Edward L. Doheny to influence the
lease Of the Elk Hills, Calf, naval oil
reserve to Doheny company. The
year In Jail and fined 100000.
He has not asked a presidential
pardon. President Hoover's censure of
the men who betrayed" Harding was
taken as an indication that any appeal
to him on Falls behalf would fail.
May Modify Sentence.
Two things only remain to be settled
before Fall goes to prison. One will
probably be disposed Of Monday. 1t is
whether he Is willing to have his SEN
tence changed to a year and q day in
penitentiary. This would give the
Attorney General the power TO send
him TO q prison where the climate is
better for him than that Of Washington.
The suggestion that the sentence be
modified came from Justice Bailey.
He said physicians who had predicted q
prison term might cause Falls death
apparently felt much of the danger
would grow from his transfer to Wash
ington from the drier air of the West
Fall has latent tuberculosis and
Rhrny1iN yNloDricu in addition 70
trouble and hardening of the arteries.
Frank Hogan, who has defended Fall
since his indictment in 1924, said he
would have to consult his client. He
promised to communicate with him at
cnce, adding he expected the answer
before tomorrow. The Summer vaca-
ton period for Justice Bailey's court
begins Tuesday. The Judge said he
wanted to dispose Of the case before
the recess.
May Serve m Texas.
Department Of Justice ofhcials ex-
pressed the opinion the Attorney Gen.
eral would not have to send Fall to q
Federal Penitentiary. He may be told
to 60 only q few blocks to the Fl Paso,
Tex, Jail. He went to the Texas city
several weeks ago from his ranch at
Three Rivers, N. Mex.
If Fall opposes modification OF the
sentence, Justice Bailey on Monday
will probably order that he be brought
to the District Of Column
bia Jail.
The change from q jail to q peniten:
tiary sentence would not cause him to
lose his rights as q citizen in the opin-
ion of the Department Of Justice. He
would be eligible to parole In four
Court rooms where Fall, Doheny and
Harry r. Sinclair were tried on charges
resulting from the lease OF naval oil
reserves were crowded. So were COM
mittee rooms at Senate hearings on
the leases. Only the attorneys and
sparse sprinkling of spectators were
present yesterday.
Health No Worse.
Justice Bailey said there had appar-
emily been no change for the worse in
Falls condition since his conviction. A
suspension of the sentence now would
mean that Fall would escape the prison
term, he added, expressing the view
that any further clemency should be
executive.
Misfortune and exposure came to Fall
soon after his resignation as Secretary
Of the Interior in 1922. The Senate
began to investigate the transactions
which. resulted In Falls approval OF oil
leases to Doheny and Sinclair COM
panies.
He was tn, only person convicted on
charges growing out OF the
leases. His appeals 70 higher courts
failed
He has never paid the 100000 fine,
and he said recently that legal expenses
and other reverses had left him . poor
man.