Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-09
Opposes Plea of Convicted
EmbezZler for Bail in
Appeals Court.
FUND Is HELD HIDDEN
TO ASSIST HIS ESCAPE
Concealing Witness and Buying
Bonds Under Assumed Name
Are Charged.

Charging among other things that
| @. Bryan Pitts, former chairman OF
the board of the F.. H. Smith Co., has
possession of between 100000 and
| S5,000,000 Of the proceeds of the al
| legged embellishments for which he is
now under sentence of IA years in the
penitentiary, the United States today
filed in the District Court of Appeals
its opposition to the application there
pending to admit Pitts to bail.
The Government also contends that
Pitts attempted to conceal a witness
in Florida sought to persuade Samuel
j. Henry, former president of the COM
pany, to remove to Canada to prevent
his appearance as a witness against
Pitts, and that the Pitts has purchased
approximately $250,000 worth of for
eign bonds under the name OF j. T.
Jones.
Justice Frederick L. Siddons of the
District Supreme Court last week dis
missed habeas corpus proceeding by
which Pitts sought release from jail
and on the next day denied a second
application by Attorney T. Morris
Wampler looking to the same end.
Wampler last Friday asked the Dis
trict Court of Appeals to permit bail
and under the rules the Government
had until the close of today to note
opposition.
AnadaIe BareS Plot.
Assistant Attorney General Nugent
Dodds and Assistant United States At
torney Neil BurkinShaw today filed a
number of afidavits in support of their
contention that Pitts is not entitled to
be admitted to pail pending the de-
cision of the appellate tribunal.
One of the affidavits is signed by
C. Ebert Anadale, former secretary of
the company, who was convicted with
Pitts, in which he declares he heard
Canada. Henry also made an affidavit
as to the suggestion to him from Pitts.
The attention of the Court of APP
peals is called by the Government to
the 14-year sentence imposed on Pitts,
and it is advised that Pitts has amaSsed
and now has secreted between $4,000, 900
and $5,000,000 which funds will be
available to him in any effort he might
make if released on bail to escape serv-
ice of said sentence"
The Government also calls attention
to four other indictments still remain
ing to be tried, charging Pitts with
felonies. 1t tells the court that prior
to the recent trial in which Pitts was
convicted, he made efforts to secret
witnesses, whose names are not given,
who might be used against him.
Escape Cache Charged.
The trial, according to the opposition
OF the Government, revealed that Pitts
directed the removal of books, records
and papers of the F. II. Smith Co. when
they were being sought by the United
States to be used before the grand jury.
Pitts, it Is claimed, maintained under
an assumed name for a period of five
years in one place a list of bonds and
securities, largely of foreign issue, solely
Tor the purpose Of having readily avail
able means whereby he might escape
possible Imprisonment.
Pitts is alleged to have asserted that
he somehow will escape service of a
sentence in penitentiary."
Lastly, the Government contends that
the point of law relied on in the habeas
corpus proceeding in which the bail is
asked has already been decided adj
VerSely to the contention of counsel for
Pitts by the Court of Appeals in the
case of Arnstein VS.. the United States.
1t requests the court to deny the petit
ton of Pitts. for his release on bail.
Pitts won court victory Saturday
when Justice Jennings Bailey of the
District Supreme Court ruled that no
tice of civil suit served on Pitts at
the District Jail was illegal.
Pitts, through Attorneys Wilton j.
Lambert, r. H. Yeatman and George
D. .Horning, had protested service in a
suit filed by Mrs. Grace Caldwell ask
ing receivership for the jefferson Apart
ments. He contended he is a resident
of Florida and is technically in this
jurisdiction only because of attendance
at court trial
Justice Bailey issued an order quash-
ing service in the suit.