New trial, different verdict — Teapot Dome 'retrial' vindicates Albert Fall
By Michael Johnson / mjohnson@alamogordonews.com
Albert Bacon Fall was convicted of bribery during the Teapot Dome scandal. (Photo courtesy NMSU Archives and
Special Collections)
ALAMOGORDO — Two descendants of Albert Bacon Fall both know that the retrial and subsequent not-guilty
verdict of their historically infamous relative won't have much legal standing.
But they're holding out hope that someone with the appropriate power — specifically the president of the United
States — may be able to lend a hand.
Eighty-three years after Fall — a judge, U.S. senator from New Mexico and secretary of the interior during the
Warren G. Harding presidency — was convicted of bribery during the Teapot Dome scandal, an Alamogordo
audience recently found him not guilty of that conviction. It was the result of an informal retrial of United States v.
Albert Bacon Fall that was staged Nov. 10 at New Mexico State University-Alamogordo's Tays Special Events
Center.
"It's what we've been saying all along," said Jouette Smith, the great-granddaughter of Fall, who made the trip from
Deming to watch the retrial of her great-grandfather. "I just wish the rest of our family could be here for this. My
father (Fall's grandson) was obsessed about this his entire life. This would have pleased him."
The case was presented by local attorneys, judges and others as part of Alamogordo's state centennial celebration. It
was sponsored by the bar associations of Otero and Lincoln counties.
The jury — members of the audience — sat through nearly 3-1/2 hours of testimony for and against Fall.
The jury was provided with a ballot containing three possible verdicts: not guilty, guilty and guilty with leniency.
Not guilty got 109 votes, while 32 people thought he was guilty beyond a reasonable doubt, and 15 thought he
should receive leniency.
"I couldn't be happier with the verdict," said Joshua Smith, the great-great-grandson of Fall. "During the original
trial, which was the seventh overall, my great-great-grandfather didn't get to testify. Who knows what the difference
would have been in 1929 had my great-great-grandfather actually taken the stand."
The Teapot Dome scandal was a bribery incident that took place in the early 1920s during the Harding
administration. Fall leased U.S. Navy petroleum reserves at Teapot Dome, Wyo., and two other locations to private
oil companies at low rates without competitive bidding.
Fall leased the oil production rights at Teapot Dome to Harry F. Sinclair and Edward L. Doheny, two oil company
representatives. Both leases were issued without competitive bidding, which was legal under the Mineral Leasing
Act of 1920.
It was later discovered that Fall had received a no-interest loan from Doheny of $100,000 in November 1921. It was
this money changing hands — not the leases — that was determined to be illegal.
Fall was found guilty of bribery in 1929 while Doheny was acquitted of the same charges a year later. Sinclair, the
other major player in the scandal, received a short jail sentence for contempt of court and managed to avoid
criminal charges.
Chief District Court Judge Jerry Ritter, who portrayed U.S. District Court Judge William Hitz during the retrial
presentation, said the decision doesn't carry any legal standing.
"Had we been in an actual federal court setting, we would have needed a unanimous verdict," he said. "This would
have been a hung jury in federal court. For the purpose of this event, we went with the majority-rules method."
Jouette Smith said she had always been told by family members that her great-grandfather was innocent of the
bribery charges for which he was convicted. She said it was good to know that a group of citizens shared the same
sentiment as her family.
"It's nice to have a group of people actually listen to the facts and come to this verdict," she said. "I thought
everyone involved did a great job. They condensed many, many trials into three hours, which was amazing."
The ultimate goal, Joshua Smith said, is to clear his great-great-grandfather's name with a presidential pardon.
"There's been a standing request from our family that he be vindicated or pardoned," he said. "Ultimately, that's the
goal."
The prosecution was led by Robert Doughty, former 12th Judicial District Attorney and District Court judge. The
defense was led by S. Bert Atkins, also a former 12th Judicial District Attorney.
Alamogordo Daily News Managing Editor Michael Johnson may be reached at mjohnson@alamogordonews.com.
Follow him on Twitter @alamoeditormike.