Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-22
Plan to Go to Court Tomor-
row Despite Failure to Serve
Government Counsel.
MOTIONS ASK NEW TRIAL
AND STAY OF JUDGMENT
Dodds and Burkinshaw Flooded
With Congratulations for Man
ner of Handling Case.

Unsuccessful in their efforts to obtain
service on Government counsel, attor-
neys for the convicted officers of the
P. H. Smith Co. today announced their
intention, nevertheless, of going into
court tomorrow in an effort to secure
new trial.
Two defense motions, one asking for
a new trial and the other for an arrest
of judgment, were filed with the clerk
of the court this afternoon.
Under the law the attorneys for the
prosecution are entitled to two days in
which to prepare their answer after
being served with notice of the defend
ants intention of reopening the case.
AS tomorrow is the last court day
prior to the holiday season, the failure
of counsel for the defendants to serve
notice of their motion was expected to
prove fatal to the chances of the con-
victed men to spend Christmas out of
jail.
Hope to Argue Two Motions.
The defense counsel hope to argue
the motions tomorrow. If the court
refused to hear their pleas on the
ground that the Government was not
given proper notice, the matter cannot
be reopened until next year.
The convicted men-G. Bryan Pitts,
C. Ebert Anadale and John H. Ed
to be adapting themselves readily to
the jail routine.
Pitts, according to- reports from the
jail, spent part of last Saturday after
noon hopping floors.
Attired in an expensive silk dressing
gown, the former chairman of the
Smith company board of directors, was
strolling down the jail corridor Satur-
day and passed Frank Mahoney, con-
victed last week of second-degree
murder in connection with the staying
of Louis Bush.
millionaire, Prisoner Obeys.
Mahoney, who had been appointed a
tiersman at the jail, called to Pitts:
Here YOU" he ordered, get behind
this mop"
The millionaire hesitated momen-
tarily, witnesses said, but then took the
mop and applied it industriously to the
corridor floor.
The motion for a new trial for the
three men was drawn up by Attorneys
Wilton j. Lambert, Frank c.. Raichle
and Rudolph Yeatman.
The motion is based on the grounds
that the conviction was contrary to
the evidence, that the court erred in
refusing a directed verdict at the close
of the Governments case and that a
new jury should have been impaneled
when a prospective talesman, while
being questioned expressed the belief
hot ha
Nugent Dodds, Special Assistant At
torney General, and Neil Burkinshaw,
assistant United States attorney, were
being flooded with congratulations to-
day for the manner in which they prose-
cuted the case.
Praised by Defense Attorney.
One defense attorney, who had de-
scribed Dodds early in the trial as "juSt
a country lawyer" had undergone a
change of heart today. Il moderated
him once" he said, but I won't make
that mistake again"
Members of the local bar were out
spoken in their praise of the closing
argument made by Dodds. One attor-
ney, who has practiced before the local
courts for 25 years, said 1t was the most
skillful he had ever heard.
Preparations were being made to serve
Pitts at the Jail with notice Of two
civil suits pending against him. These
were filed by Samuel j. Henry, former
president of the Smith Co., and
Anthony Senes, formerly Pitts body
guard.
Their attorney, Harry S. Barger said
he would refile the suits in the District
Supreme Court today. They were
originally filed in Alexandria.
Henry, who was indicted with Pitts
and the others, but granted a severance.
is suing for $4,000, which he says
is due HIM from loan to Pitts. Senes
is asking for $4,000, which he says
Pitts promised to pay for his services
in securing income tax attachments for
him,