Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-10-15
SECRECY OF GRAND
JURY HIT BY PITTS
Defense Counsel in Smith
Case Demands Review
of Evidence.

The shroud of secrecy surrounding
the proceedings of grand jury in
washington, long considered inviolate,
was the subject of bitter attack in the
District Supreme Court today by Coun-
sci for G. Byron Pitts, one of four de-
PENDANTS under indictment for an al
legged conspiracy to embezzle funds of
the r. H. Smith Co., and to desroy
records.
Argument Is Heated.
The argument which followed the at
tempt of defense counsel to review in
open. court proceedings before the grand
Jury was the occasion for heated ex-
changes between counsel, and at one
point Nugent Dodds special assistant to
the Attorney General, told the court he
knew absolutely that corrupt practices
on the mart of the defendant would i'm
mediately follow the open disclosure OF
the grand jury proceedings.
Frank G. Raichle, OF counsel 1or
Pitts, raised the point during the trlal
before Justice William Hltz OF pleas IN
abatement to the indictment. The con"
tsntion centered around the nftsentn
plea, which charges that Pitts rights,
Under the fourth and fifth amendments
to the Constitution were invaded last
January by the Government. AT that
time, it is his contention, agents OF the
Department of Justice entered the New
York offices of the Smith Co., and
without right examined certain books
and records, obtaining clues which
formed the basis for all evidence pre-
sented to the grand jury returning the
Indictment.
Say Evidence Was Illegal.
The defense counsel said this morn
ing they had brought their case ito the
doors of the grand jury ROOM" and, in
order to show that illegally seized evil
dence was used against Pitts, they must
be permitted to reveal the actual pro-
ceedings. This can only be done, they
commended, by calling to the witness
stand, in the present proceeding, all
grand jurors, and witnesses before the
grand jury, or by introduction OF steno-
graphic notes taken in the grand jury
room, by a representative of the De-
partment of Justice.
This contention was met by Mr.. Dodds
with the assertion that defense coun-
sci was not acting in good faith; that
its sole purpose was to conduct "a fish
ing expedition" in quest of the EVIL
dence, which the Government will in
troduce at the actual trial of the de-
PENDANT.
II am convinced he said, "that the
defense is not acting in good faith, and
know absolutely that corrupt prac-
tees on the part of the defendants viii
Immediately follow the disclosure OF
our evidence at this time.
81 further believe that If the defense
is apprised of the nature of our evil
dence, and of the actual testimony
which certain individuals may be ex-
a. rxfsy 81 trio off will
be made to get witnesses out of the
way and to destroy the evidence. Such
a disclosure at this time would be high
ly prejudicial to our case and most unT
fair to the Government"
Claims Record Not Official.
Mr.. Dodds further commended that
the record in question was not OF an
official nature, but taken merely Tor
his own personal use as counsel.
AS soon as the Governments attorney
had finished, Mr.. Raichle was on his
feet, objecting to the charge Of corrupt
practices to follow" and asserted that
the Government "by violating through
stealth and artifice" the defendants
rights, was the actual wrongdoer.
Mr.. Dodds pointed out in reply that,
according to the record of the court,
attempts had already been made to
secret one witness.
Justice Hitz, after stating that he
thought the illegal search and seizure
contention of the defense was 'cf some
substance" asked for authorities on the
point and took the matter under adj
Vsement.
Secretary ON Stand.
Miss Helen L. Schneider, Pitts private
secretary. was the only witness on the
stand this morning. She testified that
the papers on a table in the New York
Offices of the Smith company. which,
according to witnesses yesterday were
examined by Government agents, re-
lated to the personal bank account OF
the defendant in the Southern Mary
land Trust Co. The defense is trying
TO show that the Government exam
ined these papers illegally, and obtained
from the examination clues which en-
abled them to secure the rest of the
evidence needed for the return Of the
indictment.
The other defendants, in addition to
Pitts, are Samuel j. Henry, John H.
Edwards. jr., and G. Ebert Anadale.
Mr.. Dodds is being assisted with the
Governments case by Assistant United
States Attorney Neil Burkinshaw. De-
Tense counsel include Mr. Raichle, VIII
ton j. Lambert, Rudolph Yeatman,
Frank Tolan and Harry S. Barger.