Evening star., 1930-12-09
Defense Moves for Directed
Verdict as Government
Rests Presentation.
HENRY SAYS ATTORNEY
TRIED TO BUY RECORDS
Lawyer Denies Charge He offered
$4,000 for Bank
Documents.

After sensational charges this morn
ing by Samuel j. Henry, former presi-
dent Of the F. H. Smith Co., against
his erstwhile associates, the Govern
ment announced at 2:l0 o'clock this
afternoon that 1t would rest Its case
against three former officers of the
company. charged with a conspiracy to
embezzle funds Of the corporation and
destroy Its records. The prosecution re-
quired. in all 13 days to present its
case.
Counsel for the defendants moved
Immediately for a directed verdict of
acquittal, and Justice William Hitz took
the motion under advisement after ex-
cluding the jury.
Henry taking the stand today, charged
that he had been offered $4,000 by
Frank g. Raichle, counsel for former
company associates Of Henry now on
trial in District Supreme Court, to turn
over certain bank records of @. Bryan
Pitts, one Of the defendants, throwing
the trial into an uproar and bringing
threat by Justice Hitz to lock up the
witness for contempt of court.
Henry was indicted with the present
defendants, Pitts, c. Ebert Anadale and
John H. Edwards, jr, but was granted q
separate trial on charges Of conspirinR
TO embezzle company funds and destroy
certain records. His appearance this
morning as . Government witness came
n ~VNVr{ro a.
gathered In the court room.
HIS charge against Raichle was made
voluntarily. and not in response to any
question BY the attorney. The words
were hardly out of his mouth when
Halchle jumped to his feet, shouting OBJ
)ections and demanding that the state
ment De stricken from the record. Jus
tice Hitz granted this request. Raichle.
however, tnen launched into q denial Of
Henry, who half rose from his chair and
shouted: mo matter what you saw.
tsaichle, you know It's the truth"
Theatens 10 JaiI Henry.
Justice Hitz, while baiIiff pounded
Tor order, then took hand In the pro-
ceeoingS and, turning to the witness,
saio: Mr. Henry, I'll lock you up
Statement asds Sna Ifs new that you make another
After Justice Hitz had instructed the
Jury to ignore Henry's statement
Raichle again got to his feet. His voice
quavering. he began q formal denial:
Your honor" he said, II want 70
deny this charge in open court. This
Is the frst time my integrity has ever
been innpugned and, as Q stranger here,
l wish to register my most vigorous
protest. With my hand on the Bible
I'll swear that 1t is not the truth"
After this denial had been recorded
by the court stenographer Justice Hitx
ordered five-minute recess in the
proceedings.
Moves for MistriaI.
After court reconvened Wilton ].
Lambert. associate defense counsel,
moved for q mistrial He contended
that Henry's statement would In eff
feet deprive Pitts of fair representation
by counsel and that 1t must have had
q prejudiciAl effect on the Jury. His
motion was overruled with an exception.
Frederick r. Ditman Of Philadelphia
testified that he sold Rolls Royce au-
tomobile to Pitts in May, 1928. He said
the car was paid for with a Si2,5OO
check, signed by Anadale.
Other witnesses testified to the pur-
chase by Pitts Of numerous articles of
JeWeLry ana cl0tning.
Prior to Henry's statement Raichle
had been questioning him regarding
the disappearance from the Southern
covering Pitts and Henrys accounts
there. Henry admitted that he was
the one who ordered the sheets re-
moved from the bank.
Says He Has Sheets
did the bank ever try to get them
back?" Raichle asked.
Yes, but they had been turned over
to Pitts, and he told me they had been
lost. But have the sheets covering
my account and you or the bank or any
one else can have them whenever you
want them"
On direct examination, conducted by
Nugent Dodds. special assistant to the
attorney general, Henry testified at
great length regarding the removal Of
IT had several conversations with
Pitts regarding these records" Henry
said. principally in April and May of
1929. Pitts told me he had received
word from our attorney that the issu-
ance Of search warrant was Imminent
and that the Government would get
them II they were still in our offices
He said that he had told John Edwards
long ago TO get the records out of here
and that 1t should have been done.
They were taken away early In
May and removed to Pitts farm In
Maryland late one night. The next
day Pitts and went to the farm to
look at the records. They were there
on large truck, which was being
guarded by Joe Howard.
Pitts told me that he wanted to get
rid OF the records because he didn't
want the Government IN eos,npa - kI.n.