Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-13
i. S. LUMBER SUIT
ARGUMENTS HEARD
Motion to Dismiss Phillips
Supplemental Answers
Before Court.

Justice Jennings Bailey of the Dis.
trict Supreme Court today heard ar.
gumentS of counsel on the motion OF
the United States TO dismiss supple
mental answers filed by John Il. phil
lips of Atlanta and other DEFENDANTS
in the suit for an accounting brought
by the Government i'm connection with
the disposal of surplus lumber from
Army cantonments. The Government
lis attempting to collect more than
81 .0OO, 900. which it contends is due
from the sale of the lumber under
contract with Phillips and John
stephens, "A millionaire lumber deal
err of Jacksonville. who acted as
agents for the Government in the dis
tribution and sale of the lumber.
A criminal charge of conspiracy
was filed some years ago against
Phillips, Stephens and other of the
defendants which resulted in an &C
quital, and their counsel in the sup
Elemental answers are holding that
this acquital is a bar to the prosecu-
ton by the United States of the civil
action because the same charge Of
conspiracy forms the basis of the
civil proceeding. The Government is
estopped. it is contended by the YER
dict of the jury.
Contend for Civil Action.
Counsel for the United States con
tend that the acquital does not OPP
crate to prevent a civil action except
In cases TO enforce a penalty fixed by
law for the same offense and ask that
the plea of estoppal be overruled.
Should the court hold with the Gov.
eminent the hearing of the merits of
the case will be commenced.
Among the defendants attending
court today was Mrs. Nellie s. Cham
hers of South Orange, y. j., who Is
sued az one of the executors of the
estate of her late husband, George NJ.
Chambers, a lumber merchant of
Newark. On the death of her hus-
band his business suffered consider
ably. but Mrs. Chambers took hold
and has since built up a remunera-
tive business. 1t is stated.
United States Attorney Peyton Cor
don Is being aided in the presentation
of the Governments case by Special
Assistant Attorneys General w. S.
Ward, Marcus Borchardt and F.. G..
Davis. Attorneys Charles A. Douglas,
Abner Ferguson and Wade Ellis ap-
pear for John l.. Phillipa; Attorneys
Wilton J. Lambert and Rudolph H..
Yeatman represent John Stephens:
Judge Daniel J. Kenefic of Buffalo ap-
pears for Frank I. Sullivan of Buff
| falo: Conrad III. Syme represents
Charles Phillips. jr.. of Columbus,
| Ga: John Speiss appears for Lee L.
| Herrell and Roland Perry, Washing
| ton lumbermen. while Mrs. Cham
bers has as counsel Thomas c. Brad
! ley.
| One Defendant Dead.
| Gus Eitzen OF Florida. one of the
| defendants. has died and his widow
/ in an answer to the Governments suit
| denied that he had any part in any
alleged conspiracy to mulct the Coy
| eminent in connection with the sale
| of the surplus lumber.
The defendants named in the Govern
| ment's civil proceeding are John l..
Phillips. John stephens, Frank T. Sui
| Ivan, Lee L. Herrell. Roland Perry,
| Mitchell A. Touart, jr.; Charles Phil
| lips, jr.; Merchants and Manufactur-
ers' Bank Of Newark n. j.. and Mel
lie s. Chambers, executors. estate of
Gus F,itzen. the Fifteen. 1Stiart CO.,
John l.. Phillips & Co. and the Fidelity
and Deposit Co. of Maryland as surety
on a bond.