Evening star., 1929-12-19
QUASH MOVE MADE
IN SMITH CHARGES
Irregularities in Formation of
Grand Jury AIIeged-32
Reasons Given.

The District Supreme Court was
asked today to quash the indictment
by the grand jury Of the F. H. Smith
Co. and certain of its officials for
alleged use Of the mails to defraud.
The motion to quash rested on al
legged irregularities in the formation
Of the grand jury, one of which was
that two women were allowed to serve
on the panel when there is no au-
thority In law for service of women
on a grand jury. In all 80 reasons
for quashing the indictment were set
forth.
The motions were filed by Attorneys
Wilton j. Lambert and Rudolph H.
Yeatman in behalf of Daniel r. Girls
singer, former controller of the cur
rency; G. Bryan Pitts, chairman of the
board of the Smith Co.; c. Ebert Ana
dale and John H. Edwards, jr., vice
presidents, and the F. H. Smith Co.
It is expected that a similar motion
will be filed in behalf of Samuel j.
Henry, president of the company, who
was also indicted.
Zihlman Not Included.
The court was not asked to quash
the indictment against Representative
Frederick N. zihlman, chairman of the
House District committee, who was in
dicted with the other officials of the
company. Mr.. zihlman has not as yet
retained counsel to defend him against
the charge.
The grand jury was illegally consti-
tuted, counsel claimed, because the
drawing Of the names by the jury COM
mission was not done publicly, as re-
quired by law; that the grand juror
Eileen Lalley, was allowed to serve with
out any Affirmative ascertainment and
determination by the court of her
qualifications and fitness for such serv-
ice; that John RI Pagan and Dwight
]. Davis were accepted as members of
the grand jury and later excused and
their places filled by Thomas S. Gaddes
and Roger Jamison, who were among
the "left-overS" on the jury panel after
the grand and petit juries had been
filled, when, under the law, vacancies
could only be filled from new drawing
Of taleSmen.
The defendants also asked the court
to quaSh the indictment, because the
foreman was summoned and served as
James N. Fitzpatrick when in fact his
name Is James N. Fitzpatrick, jr. They
also point out that several other mem
bers of the grand jury were served by
different names than their real ones and
were permitted to sit.
Other Jurors Connections.
Harry De Croft, another grand juror,
the court is advised, is an employe of
the National Electrical Supply Co. and
Grace F.. Mackey, another member of
the panel, is employed by the Potomac
Electric Power Co. and that both cor
porations have contracts with the
United States and District governments
Complaint is also made to the court
of the alleged unlawful presence in the
grand jury room of John r. Hawkins,
a deputy United States marshal, during
the taking Of testimony. Failure of the
court to ask taleSmen summoned for
jury service If they were connected with
the Police or Fire Department is also
asserted as causes for vitiating the
grand jury panel, which, it is claimed,
is also illegally constituted by the pres
ence on it of Eileen Lalley and Grace
F. Mackey, when there Is no authority
of law for service Of women on the
grand Jury 1t Is claimed.