The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-05-12
JURY TO TRY
MITCHELL TAX
CASE CHOSEN
Former Bank Chief Accused
of Evading Huge Sum
on Income Levy.
WASH SALES CHARGED
FinanCier Made Transfers
to Friends to Cook Up
Losses, Says Law.
BY SIDNEY B. WHIPPLE
United Press staff Correspondent

NEW YORK. May PA jury of
middle class business men. merchants
and clerks, will decide whether
Charles E. Mitchell, multi-million-
alre, was within his legar rights
when he escaped payment of $685.
1883 in income taxes by making
what the government calls gigantic
fictitious stock sales to relatives
and friends.
The jury was chosen Thursday
alter day of monotonous question
ing Of talesmen by George z. Me-
dale, United States attorney. and
Max d. Steuer, chief of defense coun-
sci for the accused former president
of the National City bank.
A panel of 100 had been nearly
exhausted before the opposing forces
and Judge Henry w. Goddard. be-
fore whom the case is being tried
were satisfied that they had a iurv
which was neither prejudiced against
bankers nor against income tax COL
lectOrs.
Bomb Is Exploded
One sensation developed during
this tedious questioning. Perhaps in
advertently, Medalie revealed that
the hitherto unnamed man to
whom Mitchell is accused of making
a wash" sale of stock to show q
loss of $4,000 in 1890, is w. D.
Thornton, president of the Green
Cananea Copper Corporation a close
friend Of Mitchell.
1t previously had been charged
that in 1929 Mitchell sold TO his
wife, by an exchange of letters, -
1890 shares of National City bank
stock, to wipe out his alleged in
come of approximately $3,500,00O.
The Jury, as finally accepted on
Thursday night, consisted of ISidore
Amster, coffee merchant; Charles D.
DAILY, clerk; E. j. O'Connel, clerk
John S. Taber, salesman; John H.
Hathaway, traffic manager; E. B.
Nisbet, auto salesman; F. Barnard
O'Connor, civil engineer; John j.
O'Connor, contractor; Jerome P.
Cornan, garage owner; William F.
Low, manager: Louis G. Adams,
architect; Nathan Wallace, fur
dealer
Mitchell Listens Closely
Mitchell, immaculate in sober
black, paid no attention to the spec
tators who crowded the courtroom
at his entrance. He did, however.
pay particularly close attention to
the questioning OF the prospective
jurors, cupping his ear attentively
as his attorneys low voice. and con-
fidential tones rumbled on and on.
SO quiet was the proceedings that
the case might have been tried IN
camera so far as the public was con-
Cerned. Time and time again, Judge
Goddard, himself i'll and scarcely
able to speak above a whisper, asked
Steuer to speak a little louder.
And if you are going to take any
exceptions" the judge said plead
irgly, I'D appreciate it if you'd let
me in on them"
SlapS at Attorney
Only one of the talesmen exam
ined claimed rot to have read any
thing about the case in the news
paper A majority of them-all to
be excused later-said they had
already formed an opinion on the
case.
One told the court that when he
heard Max Steuer, one of New
York's most brilliant criminal law
yers, was to head the defense forces,
he thought there must be some
thing wrong the defendant"
He was excused by mutual consent.
The questioning was lengthy in
part because the defendant is a di-
rector of many companies. Medalie
wanted to know of each juror if he,
or any of his friends, had ever been
connected in any way with one of
those companies.