Evening star., 1936-04-27
BY REX COLLIER,


Col. Joseph I. McMullen, whose re-
cent conviction by court martial of
breach of honor" is under review
at the War Department, was to go on
trial today in District Supreme Court
on criminal charges growing out of
long congressional investigation of
lobbying at the War Department.
The trial, which is to begin this aft
ernoon before Justice Daniel w. o.
Donoghue, is the first of several cli-
making two grand jury inquiries into
what has become known as "the Sill
verman affair" involving also lengthy
hearings before the House Military
Affairs Committee and an investiga-
ton by the Department of Justice.
Col. McMullen, veteran Army law
yer and adviser to two Secretaries of
War, is charged with receiving remun-
Grafton from the Cuban-American
Manganese Co. while that firm was
lobbying actively against a proposed
excise tax on manganese imports.
Roosevelt Studies Findings.
The War Department and White
House have under consideration now
recommendations of a military court
that Col. McMullen be fined and re.
duced to the bottom of his grade for
having accepted two round-trip rail-
road tickets to San Francisco from
Joseph Silverman, jr., trader in Army
goods.
During hearings before the House
committee regarding dealings of Sill
verman and his associates with Nc
Mullen and other War Department
officials, Col. McMullen testified he
had accepted fees from the manganese
firm. His attorneys have sought to
invalidate the indictment on the
ground that McMullen's testimony be-
fore the committee cannot be used
against him in court.
The indictment charges specifically
that the officer, long chief Of the pat
ents section of the judge advocate
generals Office, received sl,750 from
the manganese company for services
before the War Department and the
Senate Finance Committee with re-
spect to the excise tax plan. The
tax. incidentally. failed Of passage.
Two Separate Counts.
The first count of the indictment
charges he accepted $1,500 on July
6, 1882. and the second count charges
he received $3.50 in January, 1888. At
the time McMullen is alleged to have
represented to the manganese con-
Germ that he was not on active duty
with the Army.
In sensational off shoot of the
Silverman affair" another Army Of
ficer, Col. Alexander E. Williams. is
under indictment for conspiracy to
hide witness sought by the House
committee. Indicted with Williams
are the Silverman brothers, Joseph,
jr., and Nathan, and former Repre-
sentative Thomas jefferson Ryan Of
New York. They are charged with
plotting to hide Frank E. Speicher,
tire salesman. in New York City
while Department of Justice agents
Eere seeking him for the House in
vestigators.
Speicher Later Testified.
Speicher eventually was found by
the G-men and he returned to WASH
ington voluntarily. His testimony be-
fore secret court martial resulted in
conviction of Col. Williams on a
charge of accepting a $4,000 loan
from Cnoicher uyho, the CO oIoep, a y, ,,,o q
for tire contracts from
the Army.
Col. McMullen received the deepest
censure" Of Secretary of War Dern
after disclosure by the House COM
mittee Of the officers acceptance of
fees from private corporations. At
that time the Secretary said court
martial proceedings were precluded
by the statute of limitations.