Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-18
FINAL ARGUMENTS
BEGIN IN SMITH CO.
CONSPIRACY TRIAL
BurkinShaW Declares Three
Defendants Caused Loss
of Million to Firm.
LAMBERT INTERRUPTS
TO ASK FOR MISTRIAL
Jury Expected to Get Case Tomor-
row After Dodds Concludes
Statement for Government

Describing the defendants as "arch-
conspirators, Assistant United States
Attorney Neil Burkinshaw today asked
the jury sitting in the F. H. Smith Co.
case, in District Supreme Court, to con-
vict G. Bryan Pitts, C. Ebert Anadale
and John H. Edwards, jr.
The three men, all former officers of
the Smith Co., are charged with a con-
-spiracy to embezzle the corporations
funds and destroy its records.
Charges 100000 Taken.
"These men," Burkinshaw declared,
entered into a conspiracy which re-
suited in the treasury of the Smith Co.
being looted to the tune of more than q
million dollars"
At one point in his argument Burkin-
shaw was interrupted by Defense Coun-
sci Wilton j. Lambert, who took excep-
ton to one of the prosecutors state
ments and made his fifth motion for a
mistrial. The motion was promptly de-
MED by Justice William Hitz
Burkinshaw opened the case for the
Government. His argument will be
followed by Defense Attorney Frank G..
Raichle, who will make the opening
Mr.. Lambert will close their side of the
case. Special Assistant to the Attor-
ney General Nugent Dodds will then
make the concluding arguments for the
Government.
May Go to Jury Tomorrow.
When the arguments are over, JUS
tice Hitz, who has granted 8 Of 81
prayers requested by Defense Attorney
Rudolph Yeatman, will then instruct
the jury on the questions of law in
volved. After that, the 10 men and
women, in whose hands the fate of the
defendants rest, will retire to the jury
room to determine their verdict In all
probability, the case will not be given
to the jury until tomorrow.
Burkinshaw opened his argument by
explaining to the jury that conspiracy
need not be in writing.
1T is enough" he said, elf by their
acts these defendants have convinced
you beyond reason of doubt that they
entered into such a conspiracy"
Burkinshaw described Pitts as "the
master mind. whose wizard like memory
served him well, while testifying favor
ably for himself, but who lapSed into
the most extreme depths of vagueness
when pressed by the Government"
AHSuEaAlCc OHcCA OItcQs
Directing his remarks to the other
defendants, Burkinshaw asked the jury
to draw in their own minds q picture
of Anadale trotting down to the bank
to deposit the checks which enabled
Pitts to embezzle the money Of the
Smith Co."
Burkinshaw urged the jury to give
serious consideration to the testimony
of an employe of the Mutual Life In
surance Co., who said on the stand that
he received a $4,000 Smith Co. check,
signed by Gerald r. Trimble, former
secretary of the company, in payment
Of a premium on Pitts $685., 900 insur-
ance policy.
That item must bulk largely in your
minds" he declared
The prosecutor described Pitts
method of making bank deposits as "a
cover-up scheme"
Time Limit Lifted.
Would an honest man, entitled to
this money, have gone to the trouble
of cashing Smith Co. checks and then
sending the money all the way down
to the Southern Maryland Trust Co. to
be deposited to his credit?" he asked
the jury. mo, there was a method to
this madness. Pitts preferred to deal
in cash. because he was afraid that
the checks OF the Smith Co. might be
traced to his account"
Justice Hitz yesterday told counsel
on both sides that they would be lin
tied to three hours each in presenting
their arguments. This ban was lifted
today, however, and the attorneys were
given unlimited time.
Justice Hitz, however, instructed them
they must be reasonable in this respect.
ST don't intend to sit here until the
eve of Christmas while you argue" he
informed them.