Evening star., 1929-12-16
PLAN ATTACK ON INDICTMENT.
Accused Officials win Fight Nail
Fraud Charge.

Accused Officials wiz Fight Mail
Fraud Charge.
An attack on the grand jury indict-
ment charging them with using the
mails to defraud was to be made today
by the accused officials of the F. H
Smith Co.
Through their attorneys, Wilton j
Lambert and Rudolph Yeatman,, they
were expected to file with the court
pleas in abatement, alleging that the
indictment returned against them Is
faulty and Invalid. The pleas were
ucailSd to the Gc1c1GaIlt1 IL New YcrI
IAES week for their cisnatureG, and
were expected back today. They will be
filed BY Mr.. Lambert as soon as re-
ceived.
Those named in the indictment are
Representative Frederick N. Zihlman,
chairman Of the House District COM
mittee; Daniel r. Crissinger, former
controller of the currency; G. Bryan
Pitts, chairman of the board o. direc-
tors; Samuel j. Henry, president OF the
corporation; c. Ebert Anadale and
John H. Edwards, jr., vice president,
and Henry c. Maddux OF the Hamilton
Hotel Corporation.
OF these defendants Zihlman and
Maddux are not represented by the
firm of Lambert Sz Yeatman. 1t was not
known whether they intend to join the
other defendants in the attempt to
quash the indictment.
w. Gwynn Gardiner, who filed suit
Friday asking for the appointment OF
a receiver for the company, said today
Wheat Wednesday morning to inform
him of the filing of the suit and non
service Of papers"
Gardiner Seeks Check.
Subsequent to the filing of the re-
ceivership petition. Mr.. Gardiner filed
formal motion to prevent defendants
from removing articles CT value rom
this jurisdiction. Saturday night Dep
uty United States Marshal John j.
Clarkson attempted to serve notices
of this motion on all of the defendants
but was successful only III serving
Maddux and r. Golden Donaldson, for
mer attorney for the Smith co.
Donaldson was accused by the granc
jury with accepting fees from the
Boyle-Robertson Construction Co. in
return for securing for them contracts
from the Smith company while repre-
Senting the latter organization. The
grand Jury report relative to Mr.. Don
committee of the District Bar Assocla-
ton for consideration. c. F. r. Ogilby
vice chairman of the committee, saic
today that the committee has not taKer
any formal action on the report.
I'VE have a meeting scheduled FOR
! Wednesday," he said, but If we follow
our usual procedure, we will not take
final action on the report at that time.
Ii the committee finds that the
| charge against Mr.. Donaldson can be
substantiated, it has authority TO rec
ommend his disbarment.
Nugent Dodds, special assistant to the
! Attorney General, who is in charge OF
the investigation which resulted in the
indictment of the Smith company otti-
cials, is making an examination OF the
| books and records of the company tc
| determine what further action, If any
the department will take against them
! 1t was understood that the department
! agents are finding the task of examining
the books a laboriouS one, and thai
there is little likelihood of them pre-
senting any additional evidence to the
grand jury in the near future.
1t is known that the Justice agent!
are investigating activities of the Smttf
company in various sections of tht
country with tho possibility of bringing
additional charges.