Evening star., 1936-05-01
MULLEN FIGHTS
GUILTY VERDICT
Officer Plans to Appeal Con-
viction-Free on $4,000
Bond.
BY REX COLLIER.

Convicted last night by a jury In
District Supreme Court on a charge
of accepting private fees illegally while
on active duty with the Army, Col
Joseph l. McMullen today was pre-
pairing to appeal the verdict on sew
eral technical grounds
Defense attorneys have four court
days in which to file an appeal. Mean
while, the veteran Army officer-legal
adviser to two Secretaries of War
will remain at liberty under bond
of 81 600. David A. Pine chief prose-
cutor, told the court it would be un-
fair to commit McMullen to Jail pend
ing an appeal, as there are sub
stanual questions of law involved"
The jury reported its verdict to
Justice Daniel w. ODonoghue at
1880 O'Clock last night. after four
hours and 90 minutes of deliberation.
Nearly an hour of that time had been
consumed at dinner in a nearby hotel.
however.
Second Conviction.
This is Col. McMullen's second con-
viction on charges growing out of
the House Military Affairs Commit
tees long investigation of lobbying
conditions at the War Department
He was found guilty by court martial
recently of breach of honor" in that
he accepted two round "trip railroad
tickets to California from Joseph
Silverman, jr. trader in Army surplus
goods.
Sentence of the court martial that
the officer be reduced to the bottom
of the list of colonies and be fined,
in addition, is now under review at
the War Department. President
Roosevelt must approve the military
sentence before it can become effective
Prior to the court martial, Col Nc
Mullen had been censured by Secre-
tary of War Dern for "scandalous"
activities in connection with accept
ance of fees from. firms doing business
with the War Department
Two-Year Term Maximum.
Conviction on the criminal charge
in District Supreme Court carries
with it possible sentence of years
in prison and a fine of $4,000. with
bar against holding any public
Office. The specific charge on which
McMullen was found guilty was that
he accepted a $500 fee from the
Cuban American Manganese Corp. for
aiding the firm in defeating a pro-
posed excise tax on Maganese imports
from Cuba in 1882.
Bruce McMullen son of the officer,
stood beside his father as the Jury
filed into the court room and an
nounced its verdict. Young McMul-
len, an attorney, had assisted in his
fathers defense during the trial,
which began Monday.
Show No Emotion.
Neither father nor son displayed
any emotion. They quickly left the
court room, which contained but
handful of spectators other than at
torneys and newSpapermen.
The case was given to the jury at
$50 pm, after spirited closing argu-
ments by attorneys for the Govern
ment and the defendant. climaxed by
instructions to the jury by Justice
O'Donoghue
In beginning final arguments by
the Government, John J. Wilson, as
sistant United States attorney. sum-
married the testimony of prosecution
witnesses and contended that this evil
dence left no reasonable doubt as to
the guilt of the accused.
Chief Defense Attorney William E.
Leahy countered with vigorous de-
fense of his client, insisting that Nc
Mullen had performed no services for
the corporation beyond those which
any Army officer should render to any
taxpayer. Leahy declared no proof
had been submitted that the $500
which the firm paid McMullen was
Off services in connection with the
tax bill and cited documents which
referred to the payment as a re
tainer." He explained this meant
that McMullen was being retained for
future services to the corporation in
looking after its interests in WASH
ington.
A.