Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-26
Government Believes Effort
Being Made to Avoid
Going to Trial.
COURT, HOWEVER, AGREES
TO DEFENSE DELAY PLEA
Counsel for Real Estate Defendants
Not Ready-0ctober 8 Date
Fixed.

The charge that persons interested
in the F. H. Smith Co." had enticed
away and hidden some material wit
nesses whom the Government intends
to use in the pending trial of four
ofncials of the company on charges OF
embezzlement of company funds and a
conspiracy to destroy reputedly in
eliminating records, was made in the
District Supreme Court today by
Assistant United States Attorney Neil
Burkinshaw.
Mr.. Burkinshaw told Justice Cox that
two of the most important witnesses
in the case had been hidden away in
Florida" and that the Government ex-
perienced great difficulty in locating
them for the purpose of serving them
with subpeonas to appear in court here
on october 8, the date set for the trial.
Delay Is Granted.
BurkinShaw's charges were made
when defense counsel objected to going
ahead today with arguments on IA pleas
in abatement to the conspiracy indict-
ment which was returned last April by
the grand Jury against G. Bryan Pitts.
Samuel j. Henry. G. Ebert Anadale and
John H. Edwards, jr.
Justice Cox agreed to postpone hear
ing of the pleas until October after
counsel for the defense had promised
to come into court on that date pre-
pared to go forward with the pleas and
to have any demurrers they may intend
to present ready for filing and argu-
ment on that date.
THE whole Atlantic Seaboard Is lit
tered with litigations against the
Smith Co.." Mr.. Burkinshaw told the
court in objecting to any further con-
tinuance of the hearing on the pleas.
"Tousands of persons have been de-
frauded of their savings, and the gen.
eral operations of the Smith Co. smell
to the high heavens. believe that the
court should go forward with the hear
ing of these pleas at this time on its
own initiative.
Sees Obstructive Tactics.
1.-THE Government is satisfied that
the defendants have thrown every con-
ceivable obstacle in the path of the
prosecution of this case and that they
intend to use every possible means TO
avoid going to trial"
Applying his charge that some in
terests had hidden away material witt
nesSes. Burkinshaw told the court that
he did not believe this had been done
with the knowledge or consent of de-
tense counsel. He did not name the
witnesses.
Wilton j. Lambert Rudolph Yeatman
and Frank G. Raichle, who appeared
for the defendants, told the court they
were not ready to go forward with the
hearing of arguments on the pleas in
abatement. The court was told that
Harry S. Barger had just entered his
appearance as counsel for Henry and
that neither he nor Mr.. Raichle was
suficiently familiar with the ramifica-
tons of the case TO proceed at this
time.
The indictment under which the de-
PENDANTS were scheduled to 60 on trial,
charged them with approximately 100
acts of embezzlement of company
funds and further alleged that they
had burned and otherwise destroyed
records of the company in an endeavor
to conceal the alleged thefts. 1t is
known that the Government is anxious
to go to trial at the earliest possible
date on this indictment inesmuch as
there are pending against some of the
defendants two other indictments in
volving the Smith Co.