Evening star., 1942-03-05
Directed Acquitta|
Verdict Denied in
Bread Trust Case
Justice Goldsboroueh
Says Trial May Lost
For q Month

A defense demand for directed
verdict OF acquittal before single
witness has been heard was refused
today by Justice T. Alan Colds.
borough in the District Court tria
of grocery chains, labor unions ano
individuals who allegedly conspireo
to fix the price of bread here.
Justice Goldsborough, who saio
the trial is expected to take g
month, commented:
The court doesn't think that
based solely on the opening state
ment Of defense attorneys, criti-
cizing the prosecutions opening
statement, the court should grant a
motion for a directed verdict"
Attorney William E. Leahy, OF de-
fense counsel, challenged the Gov
eminent to offer "one scintilla OF
evidence" to hold two officiaS OF
the Great Atlantic and Pacific Tea
Co., who are defendants, that long
In q court case since, he said. one is
the right hand side Of Leon Hender-
son and the other Is purchasing
agent for the Army
Testimony to Start Today.
Special Assistant to the Attorney
General Victor o. Waters, principal
prosecutor, told the court the Gov
ernment expects to link up by evil
dence the officers OF the corporate
defendants under indictments.
Taking of testimony before the
fury of eight women and four men
was expected to start this after
noon.
The motion for q directed verdict
came at the termination Of the brief
outline of what the Government ex-
poets to prove at the trial.
Makes Opening Statement.
Attorney Waters made the Gov
ernment's opening statement to
the jury. He is being assisted by
Special Attorney Warren P. Cum
ningham, jr., Of the Justice Depart
ment Antitrust Division.
Speaking for the defense yester-
day in favor of the motion for a
directed verdict were Attorney Eli
sha Hanson, representing the San
itary Grocery Co., Inc, and its pres
ident, M. L. Langford, and Attorney
Joseph A. Padway, general counsel
Of the American Federation of La
Dor. who appears for Bakery Sales
Drivers Local Union No. 80: Local
Union No. 118, Bakery and Confec-
tionery Workers international Un-
ion of America, and Robert c. Lester
and Charles B. McClosky, identified
with these labor groups
Prepared to take part in the case
were: Attorneys William J. Hughes
jr., and Carruthers Ewing, counsel
for the Great Atlantic d Pacific Tea
Co.: John A. Hartford, William Fill
more Leach, Charles A. Schimmat,
Robert D. MacIver and William
Howard Glib, officials of that con-
Germ; Attorneys George Rogers,
Joseph Gilfllan and Thomas j. Bed
dow, on behalf of American Stores
Co., Acme Markets, Inc: Will
liam Park and Fred w. Johnson,
officials of those concerns; Attorneys
Joseph A. Cantrel and Letitia Ar
mistead, on behalf of the Sanitary
Grocery Co.. Inc, and Mr.. Langford;
Attorney Brien Mcmahon on behalf
of Carl Byoir & Associates, Inc,
Business Organizations, Inc, and
Carl Byoir: Attorney John j. Sirica
on behalf of Chester M Wright and
Associates, Inc, and Oliver Hoyem,
Its vice president, and Attorney
Henry Kaiser, who appears with Mr..
Padway on behalf of the labor de-
PENDANTS.
3 Housewives on Jury.
These housewives are on the jury:
Mrs. Melba D. Abbate, Mrs. L. F.
Abramson. Mrs. D. E. Andrews, Mrs.
Italina Askew, Mrs. Helen A. Bailey,
Mrs. Frederica Balthis and Mrs.
Marie E. Belk. In addition, serving
on the jury are: Mrs. Augusta Bar
rett, bookkeeper and teller; Adolph
Dissin. rooming house operator; !;
Joseph F. Dowdall, commercial spe-
cialist; Alvin A. kaufman, sales
man, and Paul S. Lauder. electrician.
Mr.. Padway declared that even If
everything the Government said in
It's opening statement yesterday
afternoon afternoon were true, no
criminal case had been made out
against the defendants. Under the
decisions of the Supreme Court as
shown in the Apex and Hutchison
cases and the Gundersheimer case in
the United States Court of Appeals
here, he declared that labor particu-
larly was not chargeable with a