Evening star., 1936-04-28
FIGHT ON TAX BILL
WHILE IN SERVICE
|. Of ARMY CLAIMED
Prosecution Contends Firm
Was MiSIed in Engaging
Officer.
DEFENSE MAINTAINS
ADVICE WAS PROPER
Second Count of Indictment Is
Nolle Pressed Before Hear.
ing Proceeds.
BY REX COLLIER.

Charging in its opening statement
that Col Joseph l. McMullen actively
aided manganese firm in opposing a
pending tax bill, the Government to-
day asked jury in District Supreme
Court to convict the veteran Army
officer of illegally accepting a $500
fee from the firm.
David A. Pine, chief assistant
United States attorney. opened the
prosecution by declaring the Govern
ment would show that McMullen mis-
led the Cuban-American Manganese
Corp. into believing he was retired
officer engaged in the private practice
of law Pine said the Government
would show that McMullen, acting for
the corporation against a proposed
excise tax on manganese imports, ap-
preached high departmental officials
and members of Congress in connec-
ton with the fight against the tax.
The defense promptly replied with
contention that Col. McMullen had
given only proper official advice to the
corporation in pursuance Of his duty
as an officer, and that he had received
no compensation.
William E. Leahy, chief Of defense
counsel, asserted he would show the
$500 fee was not for services on the
tax matter, but was a retainer for
future services" He did not explain
the nature of the future services"
Second Count Nolle Pressed.
Before proceeding with the trial,
the prosecution nolle pressed the
second count of the indictment against
McMullen, which charged the officer
with accepting an additional fee of
$3.50.
The prosecutor said testimony would
be presented to show that Col. Nc
Mullen, at meeting outside the War
Department, told en official of the
corporation he was retired from the
Army and conducting a law practice
in Washington. 1t was declared wit
nesses would prove that McMullen
telephoned the Secretary of Com
merce, an Assistant Secretary Of State
and Senators Cordell Hull (uow Sec
retary of State). David A. Reed of
Pennsylvania and Hiram Bingham of
Connecticut in behalf of the cor
poration.
The first witness for the Govern
ment was c. c. Miller, chief clerk of
the Adjutant Generals Office, who
presented Col. McMullen's service re-
cord. and testified that during the
period covered by the indictment the
offlcer was on the active list Of the
Army.
Miller said, however, that McMullen
had been on detached duty" pending
retirement proceedings he had insti-
tuted at the War Department. The
retirement was not consummated, he
testified.
Son Beside Him.
Col. McMullen, with his son, Bruce
McMullen, sitting beside him as as
sistant defense counsel, went on trial
before Justice Daniel w. O'Donoghue
in District Supreme Court under sec
ton 113 of the criminal code, which
prohibits officers in the employe of the
United States from receiving COM
pensation in connection with matters
in which the Government is interested.
Heading a list Of prosecution wit
nesses, read to the court by Assistant
United States Attorney John J. VIII
son, were Col. Earl M. Mcfarland,
executive assistant to Assistant Sec
retary of War Harry H. Woodring;
Col. A. H. Hobley of the war plans
section at the War Department and
George Gordon Battle, prominent New
York attorney.
Other witnesses which the prosecu-
tor said would be called for the Gov
ernment were Mrs. Kate Bucking-
ham, secretary to Assistant Secre-
tary of War Woodring; Mrs. Esther
M. Rice, secretary to Col. McFar-
land: T. E. Billings, special agert
of the Federal Bureau of InveSti-
cation; Langbourne M. Williams, jr.,
of the Cuban American Manganese
Corp, New York City; w. L. Arm-
strong, chief clerk of the corporations;
Pearson E. Neaman, secretary Of the
corporation; j. T. Claibourne, jr., and
Lindley M. Morton, employees of the
corporation, and John M. OBrien.
assistant cashier of the Liberty Ma
tional Bank, Washington
The trial was to have begun yester-
day, but delay was ordered by Justice
ODonoghue because of the courts
inability to dispose of an earlier case.
U. S. to Require Two Days.
Selection of a jury to try the
veteran officer was the first step
planned this morning. The Govern
ment expects to consume about two
days in presentation of its case, &C.
rOrdinp tn Pine