Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-21
Affidavit Names Maddux,
Also Indicted in Smith Case,
as Apartment Manager.
SEEKS TO REOPEN CASE
INVOLVING OWN CUSTER
Attorney to Ask Justice Wheat
This Afternoon for Rehearing Of
Proceedings Against Henry.

Samuel J. Henry, former president of
the +. H. Smith Co., who was removed
last August as trustee Of the Fairfax
Apartments on the, principal ground
that he Is under indictment, today ad-
vised the District Supreme Court that
the American Security 81 Trust Co.,
substitute trustee, has placed the actual
management Of the property in the
hands Of H. G. Maddux, who Is under
indictment with Henry In the Smith
Co. mail fraud case.
This Information was contained IN
an afhdavit filed today by Anthony
Senes, and formed the basis for q re-
quest by Henry that the case be re-
Henry, who also filed an afidayit in
support Of his petition, tells the court
that from Information which has Just
come to his knowledge he believes and
expects to prove, II afforded an oppor-
tunity, that Maddux Is managing and
conducting the Fairfax and other prop
critics Tor the trustees under some agree
ment or arrangement between him and
the plaintiffs herein, the so-called
Roosevelt bondholders' committee"
Tells About Inquiries.
He said he did not know whether the
American Security a. Trust Co. was
aware OF this arrangement.
Senes says In his afiidavit that he
talked with representatives Of the Amer
lean Security q Trust Co. yesterday and
inquired who was trustee OF the Fairfax
Apartments at 2100 Massachusetts, ave-
nue.. He said he was told that the trust
company was trustee. When he asked
who was managing the apartment,
Senes says, he was informed that Mad
aux Is managing property under the
trust company, acting as their manager.
Senes says he then talked with q
representative Of Maddux or Of the
Maddux Hotels. Inc, and was first in
formed that he should get into touch
with q Mr.. La Porte of the bond
holders committee. The Maddux rep
resentative then told him, he said, that
the Fairfax Apartments and the HAM
hton Hotel are under our manage
ment-managed by Maddux"
Al, ne says he was further told that
Madoux Is also managing the Cavalier
and New Amsterdam Apartments.
Your af1ant Is informed and he-
neves," the affidavit states. ssthat the
American Security a. Trust Co. "a trus-
zee under more than one Of the trusts
on said properties and Is employing
Maddux to manage and conduct the
same Tor 1t In each such instance"
Claims $4,000 Default.
He further states that at q confer.
ence yesterday afternoon between ,Jo-
seph McGarraghy, local attorney: Mr..
La Porte, Harry 8. Barger, counsel for
Henry, and himself, La Porte said it Is
true that Maddux is managing the
properties.
Henry alleges that the removal pro-
ceeding against him In the case Of the
Fairfax Apartments was commenced by
the Federal Capital Hotel Co, of which
Maddux was organizer and Is the pres
ert principal owner.
This company, he says, was the owner
OF the Fairfax, and when It fled its pe-
titioD 1t was In default in the sum of
$4,000. Henry says he is informed that
this default has not yet been paid.
AT recent meeting Of directors of
the Maddux Hotels, Inc, Henry SAYS, an
agreement between that company and
the trustee Of the Hamilton Hotel was
ratified, whereby q company was to
manage the property for commission
OF per cent Of the gross business
done.
Attorney Barger arranged to 10 be-
fore Chief Justice Alfred A. Wheat this
afternoon and call his attention to the
anidavits Med this morning and ask
Justice Wheat, under the facts set forth
In these af1davits, for Q rehearinR Of
the proceeding brought against Henry.