Evening star., 1936-04-29
DENIES
FEE Of M'MULLEN
WAS. FOR FUTURE
Manganese Firm Official
Says $1,000 Was Given
for Work Done.
BALANCE $3.50 MONTHLY
FEE, HE SAYS ON STAND
New York Attorney Declares For.
mer Officer Helped Concern Con-
tact Government Personages.
BY REX COLLIER.

Contention of the defense that Col.
Joseph l. McMullen received no COM
pensation for services rendered the
Cuban American Manganese Corp. in
1882, when it was fighting proposed
manganese tax, was directly contra
dicted today by an official of the con-
Germ at the former Army officers
trial in District Supreme Court. Nc
Mullen. one-time legal adviser to the
Secretary of War. is charged with
accepting fees illegally.
Lindley C. Morton, a director of the
corporation. told the jury that $1,000
of a $500 fee paid by the firm to
McMullen was for work he had done
during April in aiding the concern
in its battle to defeat 1-cent excise
tax on manganese imports.
The $500 additional, the witness ex-
planned. represented a retainer at the
rate of $3.50 month for May and
June, 1882.
Fee in Tax Fight Denied.
In its opening statement, the de-
fense had said it would show that
McMullen received no fee for his serv-
ices to the corporation in connection
with its campaign against the tax.
The Sl.500, the defense claimed, was
for future services" The defense
also asserted McMullen's services
were rendered in line of official duty
at the War Department.
Morton. However, testified McMul-
len. told him he had left the military
service and was engaged in the pri-
vate practice of law, and it was on
this basis that the firm hired him to
represent it in Washington.
Morton told the jury that. in agree
ing to pay McMullen $1,000 outright
and $3.50 a month, he had COM
mended the officer for the latter's
services in helping the firm to bring
about defeat of the tax and of a pro-
vision that would have abrogated the
commercial treaty with Cuba.
Col. Earl Mcfarland, executive as
Sistant to the Assistant Secretary of
War, testified that, at the instance Of
Col. McMullen, he telephoned "a con-
gressional office" and advised some one
there that the War Department was
opposed to tax on manganese i'm
ports from Cuba but not on imports
from other foreign countries.
Col. Mcfarland also said that as a
result of a conference arranged by
Col. McMullen, Assistant Secretary of
War Frederick H. Payne, who served
in the previous administration, ap-
peared before the Senate Finance
Committee and stated the War Depart
ment's views on manganese imports.
Testifies to Contact Aide.
George Gordon Battle. prominent
New York attorney, testified that Nc
Mullen helped the concern get in
touch with high Government officials
in connection with its fight against
the levy.
Battle. attorney for the corpora
ton, testified McMullen arranged for
him and another official of the firm to
meet officials at the Commerce and
State Departments and at the Cap
itol.
Battle told of a conference April Is,
1882. at the Willard Hotel, as a result
of which corporation representatives
approached executive and legislative
officials in opposition to the tax and a
pending provision for abrogation of
the commercial treaty with Cuba.
At the conference. attended by Bat
tie, Langbourne M. Williams, jr., now
president of the corporation, and Nc
Mullen, the firms plans for defeating
the tax and treaty provisions were
discussed, the witness declared.
The attorney stated McMullen made
appointments with officials at the
Commerce and State Departments and
with the then Senator Cordell Hull
of Tennessee, now Secretary of State.
McMullen did not accompany Battle
and Williams to the departments or
the Capitol, but sent along a "Mr.
Semmes," who, Battle said, was
identified as a member of the law
firm with which the Army officer was
associated.
Told of Conference With McMullen.
Williams previously had told the
jury he attended a conference with
McMullen at the Office of Semmes g.
Semmes, attorneys in the Investment
Building, after McMullen had ex-
planned he maintained an Office with
that law firm. Williams said Nc
Mullen represented that he had with
drawn" from the Army.
]. T. Claiborne, jr., vice president
of the manganese firm, identified a
letter in which he advised McMullen
on May IL. 1882, of his pleasure at
learning that you have already done
good work" in regard to the man
ganese tax matter.
McMullen is charged with accepting
Sl,500 from the corporation as a fee
for services rendered in opposing the
manganese tax and treaty abrogation