Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-28

M|STR|AL DENIED,
SURPRISE SPRUNG
IN SMITH CO. CASE
Justice HitZ Rules Question
Asked Juror Proper-Jury
Is Completed.
WIFE'S BANK ACCOUNT
INVOLVED BY ATTORNEY
Prosecutor Says Government Will
Show Allegedly Embezzled Money
Placed Under Mrs. Pitts Name.

Trial of the r. H. Smith Co. con-
spiracy case went rapidly forward in
District Supreme Court today with the
swearing In of jury at 1890 o'clock
after Justice William Hitz had over
ruled a defense motion for a mistrial.
Immediately after the 2 women and
10 men comprising the jury had been
impanelled, Nugent Dodds, special as
sistant to the Attorney General, began
his opening statement, asking for the
conviction of @. Byran Pitts, c. Ebert
Anadale, and John H Edwards, jr, all
former Smith Co. officers, on a charge
of conspiring to embezzle approximately
$4,000, 900 of the ccmpany's funds and
to destroy records which he said were
discriminating.
Wifes Bank Account Involved.
Dodds sprang surprise with the
announcement that the Government
expected to prove that some Of the
money a1legedly embezzled was de-
posted to the personal account OF Mrs.
Gladys r. Pitts, attractive wife OF the
principal defendant
The wives of all three OF the &C
cused men occupied seats reserved Ior
them in the front row, following intent
Nv Mr.. Dodd,s detailed recital Of the
charges against their husbands. The
defense motion for mistrtal was MADE
Wednesday when a prospective JUROR
who was being questioned BY the Gov
eminent. inadvertently expressed his
belief that "all of the defendants were
guilty" ,.-
In DENYING the motion, Justice Hitz
said he believed the question asked the
Juror was a proper one, being identicai
with the query addressed to all jurors.
Mr.. Dodds simply asked this man
If he had formed any opinion Wnicn a
might prejudice him as juror, tne
Justice said. Instead of answering the
question directly, the juror went beyond
its scope and actually expressed ms
opinion before any objection could De
made. Therefore, ] am going to over
rule the motion Of defense counsel ana
grant them an exception"
Wilton j. Lambert OF defense counsel
then again requested 2 Tnagtxfal put ne
the Jury. Justice Hitz instructed them
to disregard entirely the statement
made by the prospective juror Wednes-
iay, and TO base their verdict solely
upon their own judgment after hearing
the evidence. When he asked the !!
Jurors then In the box II the statement
had in any way prejudiced them, each
replied that IL had not.
Paperbanger Selected for Jury.
The court then took up the matter OF
selecting a twelfth juror. Louis Seidel
Of 726 Otis place, the first man called,
was accepted. Seidel, who Is q paper
hanger, said that he was born in Rus
ala, but Is now naturalized citizen OF
this country.
Frank G. Raichle, defense attorney,
asked him II he had read any news
paper accounts Of the case. Seioel
threw the court room into an uproar
when he replied that he had not read
any papers because he had been too
busy rninding the baby"
All Of the witnesses were excluded
from the room, and Mr.. Dodds then be-
gan his opening statement. He ex-
planned that the case would involve a
great deal of accounting. and that this
phase would be omitted until it could be
explained through the witnesses.
This indictment of the court" he
said, charges the three defendants and
Samuel j. Henry, who has been granted
. separate trial. with conspiracy 70
Continued on Page 2, Column g.