Evening star., 1926-09-30
MERTON WAS GIVEN
ONLY USUAL AID,
OFFICIAL TEST|F|ES
Williams, Called by Miller De-
tense, Says Course Was
Regular One.
DECLARES CUSTODIAN
ISSUED RULE FOR ALL
Testifes No Added Instructions
Were Given in Metals Case-De-
nies Knowing Smith at Sight.

Hv the Associated Press.
NEW YORK, September 30
Every possible aid was given Richard
Merton, German metal magnate. In
filing his claims for $7,000,000 of Inn
pounded enemy property, George r.
Williams testified today at the Daugh-
erty,Miller conspiracy trial how
ever. this was the rule and not the
axcsption. Williams said.
Williams. at the time the claims
were paid. was managing director Tor
Thomas w. Miller as alien property
custodian. Miller and Harry M.
Daugherty, former Attorney General,
are on trial on charges OF conspiracy
70 defraud the United States.
Questioning Williams about MS
contracts with Merton, William >.
Rand. counsel for Miller, asked VII
liams If he gave Merton all the aid
he could possibly give him.
Absolutely" Williams replied
"Was this your duty?"
Says It Was His Duty.
sIt was not only my duty but we
were under positive orders from Mil
Ter to help all claimants all we could.
did you ever talk to Miller about
these claims of Merton's?"
Il talked with Miller once informal
lv. Miller introduced Merton to me
and we discussed the claims infor-
n1allv then, but he gave me no In
etructions about the claims beyond the
usual orders. | did not talk with
Miller again on this subject until after
Merton had gone back TO Germany to
nroduCe additional papers.
The jury was dismissed for the day
Yesterday, and legal battle was
waged behind closed doors in the
chamber Of Federal Judge Julian w.
Mack, in the Woodwork Building,
over Is motions to dismiss the case
and strike out evidence.
Judge Mack ruled that the case
should be continued, but refused to
describe the motions offered, or to
say what action he took on them.
Federal Attorney Buckner said he
had been given permission to disclose
that a motion for dismissal had been
denied.
Makes No Address.
Previous witness testified Williams
tutored Richard Merton. German
metal magnate, In filing for the So
ciete Suisse Pour Valeurs de Metaux
the American Metal Co.
Rand began the defense without an
opening address. Daugherty's defense
will be conducted separately.
Just before Williams took the stand
Judge Mack ruled that Williams had
not been shown to have had, In 1921,
guilty knowledge OF the alleged cor
rupt agreement OF Daugherty and
Miller to defraud the United States
.l>;. Ia raid
not considered co-conspirator as the
Government had alleged. but testi-
mony regarding him would remain in
he record on another ground.
II had been objected by counsel for
pausherty and Miller in the chamber
discussion yesterday that testimony
regarding conversations Merton had
with Williams were not admlSsaDle
unless il were shown that he was CO.
ConSplrator.
Holds Claim Valid.
Although Rand launched Miller's
defense without an opening address.
his questioning of Williams revealed
that an attempt will be made to show
that the $1,000. 900 claims were valid
snd that they We're paid in good falth.
The Government, in arguments dur
ing the presentation of its case. con
tended that the conspiracy charge
could be shown regardless of whether
Merton's claims were valid
Williams said that while he knew
Of Jesse w Smith. aide 10 Daugherty.
who committed suicide. he was posi-
tive that he had never seen him and
knew absolutely" that Smith did not
introduce Merton to him. He could
not recall Merton's first visit To the
alien property Custodlan's office in re.
gard to filing the claims.
Asked II he knew Daugherty. VII
Hams said he had heard of him. but
saw him in court today for the first
time.
Williams testified. the departme 8
visit in July. 1921. he said he had
confidence in Merton and believed
what Merton told him. Al this time
Williams testified. the departments
attention was directed at returning
impOunded properties rather Than
seizures.
Merton departed last night on the
Hamburg American liner Deutschlan nd
declining to discuss the trial.
Since the case is not over vet" he
said Il do not wish to be accused of
preiudicing the jury in any way by
talking"
1