Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-26
VEN|REMAN'S VIEW
IN SMITH CO. CASE
MAY STOP TRIAL
Says He Thinks All Are Guilty
as Tentative Panel Is
Listening.
COURT Is ADJOURNED
TO STUDY MlSTRIAL LAW
Defense Counsel Asks for Postpone
ment Until Next Term of Dis
trict Supreme Court.

A slip of the tongue on the part Of
a prospective juror in the F. H. Smith
Co. conspiracy case now on trial in the
District Supreme Court threatened to-
day to undo all that has been accom-
plished in the difficult task of selecting
jury and to postpone further consid-
Grafton of the case until next January.
The prospective juror, Fred K.
Schultz, Adams street, while being
questioned by Nugent Dodds, special
assistant TO the Attorney General, said
in the presence of the other jurors: 1T
seems to me that all of the defendants
are guilty"
Ask for Discharge.
Counsel for G. Bryan Pitts, c. Ebert
Anadale and John H. Edwards, jr., the
defendants, Immediately asked for the
discharge of the IL tentative jurors
selected and for a postponement Of
the case until the next term of court.
The statement by Schultz, they argued,
was bound to have an effect on the
minds of the other jurors prejudicial to
the interests of the defendants.
Immediately after the defense motion
had been made, Mr.. Dodds asked for
time to look up the law governing APP
plicationS for mistrials If the court re-
garded the motion as being important.
Justice William Hitz, presiding, said he
thought the matter was of some sub
stance" and ordered an adjournment
until 3 o'clock so that the Government
counsel might prepare an argument.
Hitz Excuses Jurors.
Justice william Hitz, who is presid-
ing, excused all of the jurors while
hearing argument on this point.
The statement by the Juror was not
in response to a. direct question by
Mr.. Dodds. The Government counsel
had asked him whether there was any
reason why he could not sit in the case
as a fair and impartial Juror. Ordi-
narily, yes" or mo" answer is given
to this question. Schultz, however, ap-
parently unfamiliar with the usual pro-
cedure in this respect, had Completed
MS answer before he could be stopped
by counsel.
Inc Government counsel was accused
by the defense of framing its question
TO elicit such an answer from the Juror.
and heated controversy Immediately
followed this charge. Judge Hitz then
instructed the attorneys not to get
excited and ordered a recess.
AT IL 30 O'Clock a total of eight Jurors
HANAA VAC pokiCA CdllCQ Ill LIllS morning
had been excused for cause, and the
defense had exhausted its last per-
emptory challenge, removing Robert
Sandberg, son of Detective Sergt. Fred
Sandberg. Police Department finger
print expert.
May Resume Today.
In the event that Justice Hitz over
rules the motion of the defendants for
discharge Of the jury and a new trial.
the questioning of prospective Jurors
was to be resumed this afternoon by
Mr.. Dodds and Assistant United States
Attorney Neil Burkinshaw for the Gov
eminent, and Wilton j. Lambert. Frank
@. Raichle, George D. Horning and Ed
mund Poland for the defense.
A special venire of 200 talesmen had
been called this morning, but only lat
responded.
Three of the most interested specta-
tors In the court room this morning
were the wives of the defendants. Care
fully dressed. they sat with folded
hands In a front row and followed in
tentiy the proceedings which may send
their husbands to the penitentiary in
event Of a conviction.