The Birmingham age-herald., 1913-06-25
Explains POstpOnement

III detall the course or the department
of justice in ordering the postpone
ment of the trials of Sidney V. Smith
and Robert Bruce, two of the five di-
rectors of the Western Fuel company
indicted for alleged coal drawback
fraunds. He said the first time he gave
personal consideration to this case was
on April 80, when he received let
ter from Secretary Lane in which he
enclosed one from Sidney V. Smith,
defendant, without recommendation
Mr.. Smiths letter sought to show
that the things complained of We're
done by other" said Mr.. McReynolds,
that although he was a director he
was not a participant in any criminal
act and that the case should be dis
missed as to him
Il sent a copy of the Smith letter
to District Attorney McNab with a re-
quest for his views. On May 20 he
replied giving review of the evil
dence and expressing the view that all
five OF the defendants should be prose-
cuted. l thereupon advised the district
attorney of my concurrence in his con-
clusion and directed him to proceed.
thereafter, as l recall, Mr.. Pringle,
San Francisco lawyer, representing
either Smith or Bruce, or both, came
to see me. l turned him over to AS
sistant Attorney General Harr, with in
Sti utiioHS " give lIe matter DdTIlcu-
lar and careful attention. After con-
sidering all the facts, Mr.. Harr finally
concluded that the just solution Of
the situation was first to prosecute
the three, who were both directors
and officers of the company, and that
the case against the other two should
be deferred until he could examine the
evidence presented and determine the
propriety of further proceedings. He
wan tod hi al,
thought it right, and in pursuance of
our understanding he sent the district
attorney the following telegram:
Doubts as to Guilt
Upon further consideration of mat
ter department feels grave doubts as
to guilt of Sidney V. Smith and Robert
Bruce, indicted in Western Fuel COM
pany case. In order to avoid possible
injustice, you are instructed to continue
case as to them until after the trial
of the Cther three directors who were
cfiicers of the company and active in
its management. If later are convicted
cory OF proceedings at trial should be
sent department, in order that it may
determine what course should be pur-
sued in regard to the two directors
named. Wire receipt"
THE receipt of this is one of the
reasons alleged by Mr.. McNab for Civ
and for imputing base motives 10 ui.
~ Il am still of opinion that the course
recommended by Mr.. Harr in respect
of this. case is the proper one to pur-
sue. But, in view of the insnuation
spread broadcast by the district attor-
ney and for the same reasons as those
stated for similar action in the Diggs
and Caminetti cases, special counsl
should be selected to prosecute the
cases under like instructions as those
suggested there, and l think we should
have Az immediate conference for this
parpoHe."
The Attorney General explained that
he desired to lay the facts in both
cases before the President, because of
the somewhat heated and sensational
dispatches given to the press by United
States Attorney McNab," and the Wide
spread msapprehension which would
naturally result therefrom.'
Record of Connection
Secretary Wilson's letter to the At
torney General dated today. presented
a record of the connection of Mr.. Cami ;
netti, commission general of immigra-