Evening star., 1930-12-17
PROSECUTION ENDS
IN SMITH CO. TRIAL
Dodds Forgos RebuttaI as
Defense Wins Elimination
of Tax Testimony.

Foregoing its chance for rebuttal, the
prosecution in the F. H. Smith Co. con-
spiracy trial closed its case at 1890
o'clock today.
This action by the Government. which
had the effect of leaving undisputed the
testimony Of q. Bryan Pitts, principal
defendant, was the most surprising de-
velopment in the case.
The defense closed its case yesterday
afternoon, after Pitts had emphaticaIly
denied any guilt on the part of him
self and his co-defendants, G. Albert
Anadale and John H. Edwards. jr.
Tax Testimony Cut Out.
The three men, former officers of the
Smith Co., are charged with conspir-
acy to embezzle funds and destroy rec
ords of the corporation.
The Governments case was closed by
Nugent Dodds, special assistant to the
attorney General, after Justice William
Hitz had granted defense motion to
strike out all testimony introduced yes
terday relative to Pitts income tax re-
turns.
Dodds had announced yesterday that
the Government would proceed with it's
rebuttal this morning and consequently
their decision to forego this privilege
"0o q P44 4Scs
Offers No Explanation.
Former Controller of the Currency
Daniel n. Crissinger, who was indicted
n December as member of the Smith
co. Board OF Directors, was waiting In
sn anteroom to testify for the Govern
ment as a rebuttal witness. He said
re had been notified by telephone at Z
O'Clock tnls morning to come to the
court mouse. 1t was understood that
Montclair Corporation, a Smith Co. sub
s1oiary which Pitts testified he owned.
Mr.. Dodds made no explanation of
the Governments decision not to call
CrlSs1nger as its witness.
Inc jury was excused until tomorrow
after the Governments case had been
rested.
Asks Directed Verdict.
A motion by Defense Counsel Frank
q. Raichle for a directed verdict of
acQu1ttal for all of the defendants on
all counts of the indictment was denied
The indictment, which is in four
parts, charges, generally, a conspiracy
to commit 100 offenseS against the
Government. In furtherance of this
general charge, there are then set forth
95 Instances of alleged embezzlement
and five cases Of destroying or conceal
ing records.
The defense attorney argued that
the Government had presented at best
only a circumstantial case and that the
evidence In support of its charges was
not Of such character that it should be
allowed to go to the jury for deter
mination.
Jury May Get Case Tomorrow.
Meeting this argument, Mr.. Dodds
contended that the Government had
proved the charges through numerous
witnesses and that the guilt or inno-
cence Of the defendants should be left
for the jury to determine as a matter
of fact.
The earlier motion to strike out the
income tax testimony met with no op-
position from the Government. It was
pointed out that the tax returns fled
prior to 1927 were not within the scope
Of the period covered by the Indictment
The returns for the years 1927, 1928 and
1929, were thrown out yesterday when
1t was revealed they had been filed by
an agent of Pitts.
It Is expected that an agreement on
the instructions to be given the Jury,
If the case is allowed to go to the Jury,
viii have been reached by tomorrow
morning. The opposing attorneys will
then deliver their closing arguments
In all probability the jury will get the
case late tomorrow.