Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-10
SAYS PITTS BANKED
ONLY OWN MONEY
Smith Co. Counsel Promises
Ito AnnihiIate" Charges
/ of ENLIGHTENMENT.
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Continued From First Page.l
was proceeded with and subsequently
Mr.. Coblentz transferred his holdings to
Mr.. Pitts. Then, when the building
was completed. there was found 10 be q
surplus of funds left over. If Mr.. Cob
lentz had held his stock this money
would have been rightfully due him and
he would have been entitled to 1t with
out question.
How can It then be said that be-
cause he transferred his stock the man
to whom it was conveyed was not
equally entitled to the money! Mr..
Pitts had an absolute right to have
that surplus from the Smith company
either before or after final settlement
and deposit 1t in cash as he saw At in
the Southern Maryland Trust Co. or
any other bank"
The attorney for the defense then
confirmed previous announcements with
regard to the manner IN which the
defendants would attempt to show that
the Government had been mistaken in
its charge that essential and incrimi-
mating records were destroyed.
Denies Valuable Records Destroyed.
with regard 10 testimony here that
certain records were burned" Mr.. Lam
bert said, I'VE will show that in the
regular course Of any business It is
common practice to destroy records
when they have outlived their useful
ness We will prove that with regard to
the records, which 1t is claimed were
vartously hidden in Maryland and Vir-
ginia, they were as a matter of fact
all brought back to the Offices Of the
Smith Go. before this indictment was
IL -
complete audit of the Smith Co.'S books
was made in July and August Of 1929.
subsequent to the time when it is charg-
ed the records were taken away, and
that this could not have been done IL
any essential records had been miss
ing at that time"
Prior to the presentation of the de-
lenses case by Mr.. Lambert, Frank q.
Raichle, of defense counsel, had moved
to strike out of the record certain por-
tons of the prosecutions testimony
Justice William Hitz agreed to strike
out statements by Samuel ]. Henry,
former Smith Co. president, who testi-
fed yesterday to the effect that Pitts
stole 100000 in money from the Smith
Co. and walked off with $85, 900 in
bonds. This was done without objec-
ton from the prosecutors, Nugent
DoddS, special assistant to the attorney
general. and Neil Burkinshaw, assist
ant United States attorney.
The case proceeded this morning
after Justice Hitz had overruled a de-
tense motion for an instructed verdict
Maryland Bank EmpIOye Called.
The first witness called by the de-
tense was Mrs. Verona Rouse, employe
Of the Southern Maryland Trust Co.
She denied having told Henry that she
had given Pitts the ledger sheets COW
ertng his account in the bank She said
the fact was that she had taken these
sheets from the files and given them
TO Joe Howard, janitor.
The records moved from the Fiji
tenth street Offices of the Smith COM
pany in 1928 were identified by Charles
F. Marvin, formerly assistant treasurer
and bookkeeper of the Smith company,
as nothing more than antiquated rec
ords OF old subsidiary corporations
Marvin said he supervised the pack&
ing OF 40 trunks with records. which
! were subsequently moved into Maryland
, and Virginia They were for the most
part, he said. books of the w. H. West
Co., the old insurance department of
the Smith company.
He stated emphatically that there
were no current record or check of the
present Smith company in the lot.
CroSs-examined by Mr.. Dodds, Marvin
said he did not remember telling the
April grand jury that Anadale told him
on one occasion to pull a large number
| OF cash checks from the Smith files.
He had said on his direct examination
that no such request was made.