Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-08
Evidence of Meeting


Evidence of Meeting.
"The Government will show said
Mr.. Buckner, that Smith met Merton
and Merton will testify that he was
told that it would be good thing to
meet Col. Miller and that he. Jess
Smith and John IN King, went to the
Hotel McAlpin. where Smith intro
duced him to Miller and the latter told
him to come to Washington to see
him.
Within the next week Merton made
the trip to Washington and Jess Smith
took him to Miller's office. Miller sent
for his chief assistant. L. r.. Will
liams, a man whom he had promoted
TO a job that paid Il larger salary
than his own. The Government fixes
this date on or about April 26. 1921.
Merton did not have with him
single document or scrap Of paper as
q basis for the S7,000,000 claim. Will
liams told him the procedure to be
followed and dictated and had writ
ten out the substantial things to be
done in order to get the claim approx
ed by Miller and Daughery and get
his 100000"
said. that he returned at once to Eu-
rope to prepare the company's claim
in accordance with instructions.
"On April 80" Mr.. Buckner con-
tinued. -four days after Williams had
spent several hours telling Merton
what to do in order to put his claim
through. John Dulles Of the firm OF
sullivan & Cromwell went to see
Williams in behalf of Merton. who
was his client.
Amount of Alleged Claim.
The lawyer did not mention any
names. but he gave the amount OF the
claim and other Information when
made it clear that it was the Merton
claim. Williams never told HIM tnat
Merton had been there, but on the
contrary informed him that 1.-The de
nartment would never think of paying
such claim involving $7,00O,OO0. and
based on a pure oral conFerSsttioil
except by court order"
THE Government will ask YOU to
infer" Buckner declared, raising his
voice, that the defendant, Miller,
acting through his assistant, Williams,
withheld information from this attor-
new because he wanted to eliminate
any possible eye-witnesses to the en-
tire transaction"
The prosecutor charged that,
through King it was arranged that
the alleged conspirators should re-
ceive $4,000 by check and per cent
of whatever part of the $1,000 900 was
returned to the foreign owners.
1--WE will show he said, ''by Mer-
tons testimony, that he came back
to this country on July % with his
papers all prepared and that Smith
came to New York to meet him.
Either Smith or King then brought
the papers down to Washington.
Smith told Merton the papers had not
been made out right and on August
9 Smith returned to Washington and
on the evening Of the same day we
find Merton there at the Hotel Shore
ham. The next day Williams and
Merton conferred.
'"The Government will show that
Williams told him to make some addi-
lions and to take out some Of the
papers which made reference to debt.
Then we find Jess Smith taking Mer-
ton over to the Department of Justice,
where he had an office of his own
and the entire run of the department.
He took him to the office of Guy D.
Golf, now United States Senator from
West Virginia. but at that time
Daughertys first assistant. He in
PRODUCED Merton to Golf and told Golf
he was neutral making a claim to
the office Of the alien property custo-
dian.
Authorization i'm Care.
"Goff then sent for Adna r. John
son, a young man from Ohio. whom
Daugherty had put in complete con-
troll Of all matters relating to alien
property in the Department of JUS
tice We will show you, in Harry
Daugherty's own handwriting. the
authorization to this young man of
&c to handle these matters.
There was no discussion. No Ques-
lions were asked. Mr.. Golf said that
his office wanted to be fair in all
questions and to all persons having
claims This was the only time
Merton was in the office in the De-
partment Of Justice. He left there,
returned to New York and went back
to Europe to make the necessary
changes in his papers.
Before Merton made the trip to
Washington. we will show. he saw
John L. King in New York, King
suggested that retainer Of $4,000
would be in order King was not
lawyer He was just business man.
We will show by Merton's testimony
that King further suggested a COM
pensation Of per cent of the
amount Of the claim recovered.
Merton paid him the $4,000. This
check has either been lost or de-
stroyed. But we will show that Mer-