Salt Lake Telegram | 1926-11-28 | Page 1 | Fall and Doheny Trial Plans for Monday Mapped

If FALL All AND DOHENY TRIAL PlANS fOR fORM M Testimony to Continue Despite Despite De De- spite Decision on Senate Oil Com Committees Committee's 5 Records Records' BANKERS ARE CALLED Clerk Who Has Note in Custody May MayBe MayBe MayBe Be Placed on the Stand WASHINGTON Nov No 27 AP AP- AP I AP-I Awaiting the decision of the su supreme supreme su- su I preme court of ot the District of Columbia Columbia Co Co- lumbia on an Involved constitutional constitution constitution- al question which brought them to toan toan toan an an impasse yesterday opposing counsel in the Fall-Doheny Fall oil con conspiracy on- on trial shaped tentative pIa plans today for a resumption of ot testimony Monday regardless of whom the decision d'- d' favors The decision by Justice Adolph A. A on whether Ed Edward ward L. L Doheny's testimony before lefore the senate senate senate sen sen- ate oil oU Investigating committee tee in 24 1923 Is permissible to go before the Jury ma may Influence the line of attack mapped byJ ou Ue g f V vern rm ment counsel aV at the tho I The hub of the senate testimony in the Initial plans of the government government govern govern- ment counsel was the oil oU oilman's mans man's govern I Voluntary voluntary Vol vol- oI- oI acco account nt of a I OOOO cash Continued on page pase 7 7 I fAll AND DOHENY TRIAL PlANS mR FOR MONDAY Continued from page pale I. I tran transaction action between himself and Al Albert Albert Albert Al- Al bert B B. B Fall codefendant nt Jn In n November November No- No No vember 1921 while poll Fall still was secretary of or the Interior Defense resisted introduction o othe ot of the senate record before toe Jury jUly on the ground that the n. n action would constitute ry testimony by bya a defendant at his own trial In contravention contravention con con- tra of the fifth amendment of the constitution APPROACHES REMAIN While exclusion of or the the testimony I would represent a for fOl the defense there would still remain II several possible approaches to pres reS presentation I of the same sam subject matter mat mat- I ter tel mat I Following a lead provided in the senate Inquiry the government counsel have summoned for for the I present trial the clerk of the committee committee com com- in whose custody reposes the note which gave Doheny in November 1921 Undera Under a possible shift in to the prosecution plans predicated upon time the exclusion of JC the senate testimony this note would be presented in c through the examination of or the committee clerk who not being a defendant Is subject to call by the government Doheny testified before the senate senate senate sen sen- ate committee that the transaction for which the note was wad given had no connection whatever with negotiations then In ress progress for fOl leasing the Elk Ik Hills naval oil reserves to Doheny's Pan American Petroleum and Transport company He also told the committee that because Fall was an old friend he tore the signature from the note and handed it to his wife Mrs Doheny is under subpoena as are former of or the interior de- de de department department familiar with the handwriting handwriting handwriting hand hand- writing of ot the former forTner seer secretary BANKERS CALLED This list of witnesses Is augmented augment augment- ed by several New York Vork bankers who in the usual course of banking banking bank bank- ing business figured in withdrawal al alby by Doheny's son of or cash about the tithe the Fall note was 1 drawn The government began with the plan of ot following a short cut to the transaction by way of f the senate record of ot Doheny's testimony testimony testimony mony but should Justice Hoehling's Hoehling ruling close that door they still have an alternative route they believe be believe believe be- be lieve to the same objective in In argument nt against the reading of the senate record defense counsel counsel counsel coun coun- sel suggested th that t the submission of Doheny's own testimony in a criminal trial might furnish grounds grounds' for tor an appeal to the supreme court of or the United Unite States tates particularly since the point now before Justice Hoehling never before has been passed upon by a federal court The government however can have no appeal under exIsting laws The desire of ot all parties to push the case through as rapidly as possible possible possible pos pos- sible with a view to getting the Jury out of or the box 1 TSy Christmas brought about an agreement today toda between counsel and andr court to hold Saturday morning sessions here hereafter hereafter hereafter here here- after and possibly one or t vo to 0 night sessions next week