Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-27
ABATEMENT PLEAS
ARE FILED BY PITTS.
Perjury Indictment Attacked
by Former F. S. Smith
Co. Head.

G. Bryan Pitts, former head of the
F. H. Smith Co.. now in Jail awaiting
an appeal from sentence of IA years
imprisonment for conspiracy to en-
bezzle funds of the company. today filed
in District Supreme Court IL pleas in
abatement against the recent indict-
ment returned against him and four
other persons for alleged perjury and
subornation of perjury, growing out OF
the introduction of papers at his former
trial attempting to justify the alleged
defalcation.
Indicted with Pitts in the recent in
dictment are John H. Edwards, jr.,
former vice president of the Smith COM
pany; Emory L. Coblentz. former
banker of Frederick Md; Helen l..
Schneider, private secretary to Pitts,
and Henry o. Hart, former auditor for
the Smith company.
Illegal Seizure Alleged.
Through Attorneys Leon Tobriner
and Dozier A. De Vane, Pitts charges
that Nugent Dodds, Assistant United
States Attorney General, and Neil Bur-
kinshaw, special assistant, used before
the grand jury evidence illegally seized
by revenue agents, from private vault
in Florida where seven trunkfuls of
paper and two typewriters were taken.
the grand jurors as proof that the al
legged authorizations testified to by
Pitts, were spurious. The court is told
that the District Supreme Court re-
Gently granted a temporary injunction
against the use of the articles taken
from the Florida vault and while that
case has been pending in the Equity
Court Pitts should not be required TO
answer the new indictment.
81 Tow. oil &c ottk hot
Nugent Dodds failed to file an author
ity from the Attorney General to permit
him to prosecute case before the April
grand jury. his authority having been
for the January grand jury, which failed
to act on the fragments of testimony
submitted to it.
Jurys Validity Attacked.
Pitts makes several attacks against
the validity OF the grand jury which re-
turned the verdict. One of its members
served only one week and was succeeded
by another member, said to have been
illegally substituted. Regina E. Chandler,
one of the grand jurors, he charges.
while serving in that capacity was car
ried on the roll of the District govern
ment as an assistant director of play
grounds.
John P. Palmer another grand juror,
1t Is charged, was lieutenant in the
United States Naval Reserves. Sarah
E. Rolph, another member of the grand
jury, it is alleged, was the wife of
Jesse D. Rolph, secretary to- Repre-
sentative Nathan L. Strong of Penn
sylvania, had no gainful occupation,
but was dependent upon her husband
for maintenance and support. Georgia
A. Buchanan, another member was the
wife of j. Sheldon Buchanan. a for
mer salesman for the Smith Co., and
she and her husband held stock or Sc
curities of the company and suffered
loss by the failure of the company.
Claim is also made that Talma L.
Smith appeared in the grand jury room
to take the testimony Of witnesses un-
der a purported appointment as Spe-
cial Assistant to the Attorney General
This appointment, Pitts claims, was a
mere subterfuge to get shorthand re-
porter in the grand jury room.
The service of women on grand juries
is also made the subject of one of the
pleas in abatement. All these things
were done, Pitts claims, to his preiu-
dice. and he asks that the indictment
be thrown out by the court