Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-03-16
CRIMINAL CONTEMPT
NEW CHARGE AGAINST
BREWERS SECRETARY
U. S. Attorney Humes Asks
Federal Court to Punish Fox
Attempt to Deceive 1t and
Hinder Justice
ATTACKS HIS TESTIMONY

/ PITTSBURGH, March IA new
petition by United States Attorney t.
Lowry Humes, alleging criminal con-
tempt, and directed against Hugh F. Fox
of New York, secretary of the United
States Brewers Association, marked re-
sumption today OF the Government probe
of brewery contributions TO political cam
palgns before Judge w. II. S. Thomson in
the United States District Court.
Fox, with three others, John Gardiner
and Edwin A. Schmidt. Of Philadelphia,
and Gustav w. LembeclS, Of Jersey City,
all officers, either of the United States or
Pennsylvania Brewers Association came
UP for final disposition on charges of con-
tempt growing out of their failure to
produce subpoenaed books and records
of the association.
When court took recess at noon ar
guments had not been completed in the
case of Fox. They were resumed when
court reconvened at 1880.
The first setback of the day was given
the brewery association officials when
Judge w. II. S. Thomson alone decided to
hear the contempt proceedings this morn
ing. Attorneys for the brewers had re-
uuested that the cases be heard by full
bench, including besides Judge Thomson,
Judges c. p. Orr and Joseph Burlington
of the United States Circuit Court of Ap.
peals
JdIlltS DCHTleJ, OI DaIlNlllt. III CUdIbt
as counsel for the defendants, was as
sisted by David f.. Reed and George Il.
Shaw, of Reed, Smith, Shaw & Beal. and
S. =. Tull and d. p. Hibbard. of Phila-
delphia. United States Attorney Il.
Lowrey Humes and Assistant United
States Attorney Neil w. McGill appeared
for the Government.
Charles +. Etta, of Philadelphia. Sec
retary of the Pennsylvania Brewers AS
gOrigtinn nnaxnpptp1 Dftpnflnnf
at today's court session, he having come
here with the Philadelphia delegation.
He was a witness before the Grand Jury,
but is not a defendant in the contempt
proceedings, being the only important Of
fetal of the two associations so excepted.
An amended petition in the alleged
contempt by Secretary Fox, presented
by United States Marshal Joseph Howley,
that he would produce subpoenaed rec
ords threatened n new delay Mr.. Reed,
attorney for Fox, asked time for counsel
to prepare an answer Reed declared the
statements would be denied. United
States Attorney Humes vigorously opposed
n postponement
AS new angle in the case. the jurIs.
diction of the Court in the contempt pro-
ceedings was attacked
Mr. Humes Sprang a surprise when he
presented his new contempt petition
against Fox 1t charges criminal con-
tempt and was accepted as the first move
of the Government to pave the way for
an indictment for perjury against Fox.
The petition states that Fox denied that
there were records, minutes and proceed
ings of the United States Brewers Asso-
citation and it's committees in hearing
in the court on February 23 last that the
petitioner expects to prove that many of
such records are now and were at the
time Fox falsely testified in existence and
in his custody and control in the office
Of the United States Brewers Association,
so Union square, New York city It also
states that Fox, after having been sub
poenaed to produce the documents men
toned. failed. neglected and refused to
produce the records for the purpose of
obstructing the administration of Justice"