Evening star., 1929-12-14
WEEK DELAY GIVEN
IN Z|HLMAN CASE
Attorneys Consider Motion to
Quash Indictment Against
F. H. Smith Co. Group.

The arraignment of Representative
Frederick N. Zihlman, chairman of the
House District committee, and the six
other defendants in the F. H. Smith Co,
case was postponed for one week today
while their attorneys considered the ad-
visibility of filing motion to quash
the indictment under which they are
charged with using the United States
mails to defraud,
Zihlman, who recently resigned as
director, and other officials of the Smith
Co.. were indicted last week by the
grand jury. They were scheduleo 10
have been arraigned today.
May File Quash Action.
Rudolph H. Yeatman, who, with VIII
ton ]. Lambert, is acting as counSel
for five of the officials under lnolcC-
ment, said today that he may or may
not file a motion to quash next week.
at have not even had time to reao tne
Indictment" Mr.. Yeatman said, ana
we will not decide what, II any, actlon
we will take until we have had tlme
to study it thoroughly. If we DECIDE
to file a motion, we propapAy WALL w
so early next week"
yeatnan said his firm is representing
all of the defendants except zihlman
and Henry C. MadduX Of the Hamilton
Hotel Corporation. He said Zlhlman
had not requested him to arrange LOT
nostponement of his arraignment, but
that he supposed this would be done
automatically, as all seven OF the men
were indicted together. The defendants
represented by the firm OF Lambert &
zfAI D
director, former controller OF the cur
rencv: G. Bryan Pitts, chairman OF the
board of directors of the Smith Co:
Samuel j. Henry, president; G.. Eloert
Anadale and John H. Edwards, Jr.' vice
Yeatman said that Pitts, Crissinger,
Anadale and Edwards are in New YORK
CITY and trying to transact business III
the Government viii let them alone.
Burkinshaw Makes Request.
The postponement Of the arraignment
was granted at the request OF Assistant
District Attorney Neil BurkinshaW, VINO
fold Justice Hitz there was Likelihood
of the filing of a plea in abatement or
other motion by the defendants.
Yesterday, four bondholders OF tne
Smith Co. filed suit against them 1or
an appointment of receiver, 1n1unctlon
and accounting. . ~. .
The suit, in addition to naming the
Smith Co. as a defendant specified as
other defendants Zihlman, Crisslnger,
pitts, Henry, the Smith Selling. Co..
Maddux and r. Golden Donaldson,
president of the Commercial National
Bank and former attorney for the
smith Co. Donaldson is not under IN.
dictment. but was made the subject Oh
a special report by the grand jury, IN
which he was charged with accepting
| fees from a construction concern in re-
| turn for his efforts in securing contracts
for them from the Smith Co. The
grievance committee of the District Bar
Association has taken his case under
advisement.
Attorney w. Gwinn Gardiner, who
Yesterday filed suit against the F. n.
| Smith Co. and number OF its ofticlals
| for the appointment of a receiver, today
| filed a formal motion for the naming
of a receiver and injunction to prevent
officials of the company from collect.
ing and disbursing of any property OF
| the organization. Gardiner served
notice ON Attorneys Wilton j. Lambert
and Rudolph H. Yeatman that he Will
| ask Justice Alfred A. Wheat next Wed
nesday to consider the question OF the
appointment of a receiver for the vari-
| Gus properties under the Smith Co.
MANAGEMENT,