Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-07
SEPARATE TRIAL
ASKED BY HENRY
IN SMITH CO. CASE
Motion, UnoppoSed by U. S.,
Is Taken Under Amusement
by Judge Hitz.
PLEADS NOT GUILTY
TO VARIOUS CHARGES
Embarrassment and Prejudice
Feared by One of Four
Defendants.

Efforts to obtain separate Tlal were
made in District Supreme Court today
by Samuel j. Henry when he was ar
raigned on charges of embezzling
5000 900 from the F. H. Smith Co., of
which he formerly was president. He
entered plea of not guilty.
The motion by Henry for severance
of his case from that of G. Bryan Pitts,
C. Gilbert Anadale and John H. Ed
wards, jr, revived persistent reports OF
a split between Henry and the other
erstwhile officers of the finance COM
pany with whom he was jointly indicted
as a result of an exhaustive investiga-
ton by the Department Of Justice.
Associate Justice William Hitz took
the motion under advisement. Counsel
for the Government said they would
not oppose the suggestion.
ACCESSIBILITY Agreed On.
The severance application was made
by Harry Barger, representing henry.
In the discussion which followed, Nu-
gent podds. special assistant to the At
torney General, and Neil j. Burkinshaw,
an assistant United States attorney, de-
clared information in possession OF the
Government caused them to beileve
severance would be advisable.
Barger promised to provide JUSTICE
Hitz with memoranda Of cases bearing
on the question.
Henry in which he said he had been
Uniformed and believes that, inasmuch
as the several counts of the indictment
herein charge all defendants with the
Joint commission Of several separate ano
distinct offenses, he viii be enbar-
raised. prejudiced and confounded in
his defense If he be tried jointly with
the other three defendants.
THAT the evidence and testimony
which VIII be taken and received against
him viii fall short Of establishing the
criminal knowledge and intent as 70
him charged in said indictment; that
If the proof shows criminal liability en-
the part of the other defendants, or
any Of them, it viii establish nothing
mere than neglect Or failure on hrs part
to know and ascertain the doing by the
other defendants of the things charged
in said Indictment"
Henry also swore It was his deter
mination to do whatever he could ito
right and redress any and all wrongs
and injuries that may have been suf-
reason Of any act or acts charged in
said indictment herein or elsewhere,
and TO that end he has instituted and
viii hereafter institute and viii prose-
cute to their flnal conclusion numerous
proceedings in courts of appropriate
jurisdiction in ftrtherance Of his said
purpose and determination"
Four reasons were ascribed for the
request for the severance in the mo-
ton. They were:
81 That the indictment herein is in
several counts, each count stating sepa-
rate, distinct and unrelated offenses,
and inasmuch as the offenses are
charged 10 have been committed jointly
by the several defendants, this de-
PENDANT win be COMPOUNDED and en-
barTassed in his trial.
%. The testimony to be adduced
against this defendant and other de-
PENDANTS will be different In respect OF
the acts of the several individuals, and
yet, inasmuch as the crime of con-
spiracy is charged, wherein the jury
may be instructed that the act of
one defendant is the act of all and
where the scope of the testimony will
be so broadened as to amount TO a
virtual suspension Of fixed rules Of evil
dence this defendant viii be embar-
raised and confounded in his defense.
IS. The testimony to be adduced by
the Government for the purpose OF
proving a conspiracy viii fall short OF
proving criminal act on the part of this
defendant in respect not only of the
conspiracy but of all other charges as
well but If he be forced to a joint
trial, his rights will be greatly prejudicec
and he will be embarrassed or that the
jury will be unable to distinguish and
recognize the want of criminality in the
non-criminal acts proved against him
DifRculty Of Defense.
"a. This defendant cannot properly
defend himself against the charges laic
against him without embarrassment an
confusion which will operate to hi.
prejudice for the reasons herein befor'
set forth"
The trial Of the four defendant,
originally was set for November IT.
was said in official quarters that Pitts
Anadale and Edv ards would 60 on tr'ia
on that date with the trial of Henry Il
follow shortly after the case of tn
other three had been disposed of shoul'
the motion be granted.
All four men are under tndictnen
on charges of committing 100 offense
against the United States
1t is alleged that in order to financ
the construction and for the opera
ton of its buildings the Smith CO
from time to time issued and sol
shares of its preferred stock, aggregat
ing $500, 600, to large number G
persons, some OF whom also had pur
chased bonds through the company
Records of these sales and receipts wer
kept by the Smith Co.
The indictment further charges tina
the defendants, with intent TO defrau
the Smith Co. and other corporation
and individuals, in 95 instances EN-
bezzled money belonging to the SEnit
Co. in its capacity as corporation.
With intent to conceal the theft
totaling $1,000 900. the indictment a.
1eges, the defendants consptred an
took away, concealed and in at leas
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