Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-04
JUDGE OVERRULES
SMITH CO. DEFENSE
Motion to Suppress Evidence
From Trust Company,
Fails in Court.

The trial of the r. H. Smith Co. con-
spiracy case was resumed in District
Supreme Court this afternoon after Jus
tice William Hitz had overruled q mo-
ton by defense counsel to suppress all
of the prosecutions evidence emanating
from the Southern Maryland Trust Co.
The ruling came after three Depart
ment Of Justice agents had testified that
they did not secure any evidence in q
raid last January on q storage loft In
New York City leading to the indictment
Of @. Bryan Pitts, C. Ebert Anadale
and John H. Edwards, jr., former on
GERS, on charge of conspiracy to en-
bezzle funds from the company and de-
stroy records.
A. L. Phillips, formerly paying teller
OF the Southern Maryland Trust, testi-
fed that bills Of large denominations
were frequently deposited in his bank
to the account Of Pitts. he also said
that an item Of $4,000. deposited to
Pitts account in the Commercial Ma
tional Bank, had been transferred to
his account in the trust company.
Former EmpIoye Testifes.
Miss Verona Rouse, a former en-
ploye of the trust company, testified
that she had been instructed by q bank
onicial to give the ledger sheets re-
cording Pitts private account in the
bank to Joseph Howard, personal serv-
ant OF the former Smith Co. official,
She also stated that Howard frequently
deposited money to the accounts Of
Pitts and Samuel j. Henry, former
president Of the company, who was in
dicted with the three present defend
ants, but later granted separate trial.
District Attorney Leo A. Rover was
then called to the stand and testified
that in May, 1929, Henry told him
certain Of the company's records, for
which subpoena had been issued,
could not be found. Subsequently, the
subpoena was lost.
The break in the proceedings came at
the opening Of court this morning.
Jury IL Excused.
The point made by the defense in
trying to halt the trial was raised sew
eral months ago during the hearing of
pleas in abatement to the Indictment.
The point was not settled, however, the
defense being instructed to wait and
make their objection to the evidence
when it was introduced at the trial of
the case.
When the point was raised this
morning, Justice HitZ excused the Jury
and proceeded with the taking Of testi-
mony.
Louis Loebl, special agent Of the Blu
reau Of Investigation, was called to the
stand. He testified that on January %
last he and another agent, Aaron w.
Jacobson, went to the storage loft on
West Thirty-third street, New York
City, and interviewed the renting agent.
He said they were taken to the loft
by the agent, where the latter intro
duced them TO q guard as fire insur-
ance inspection agents"
Loebl said that he and jacobson made
a brief inspection Of the loft, and saw
about 40 books, some of then relating
to the F. H. Smith Investment Co.
Ruling IL Awaited.
He insisted, however, that neither he
nor Jacobson secured any information
which was of assistance to them In
working up the evidence on which the
present indictment was based.
On. cross examination, the witness
said he thought he had a right to enter
the building as Department Of Jus
tice agent, but that he was afraid Of
the armed guard"
Agent jacobson then was called to
the stand, his testimony corroborating
that given by Loebl.
The name Of Henry, former pres
ident Of the Smith company, was
drawn into the case for the Sec
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