Evening star., 1942-03-10
Ewing Counsel Claim
'5hakedown' ATTEMPT
In New Trial Move.
Two Affuduvits Filed
AIIege Plot by
Compliments Boy Friend

Tentatively set for tomorrow
morning before Justice James w.
Morris in the District Court is
defense move on behalf of Orman
w. Ewing, former Democratic ma
tional committeeman from Utah,
convicted recently by a jury Of
criminally assaulting q 20-year-old
government clerk, to obtain a new
trial for him on the ground of
newly discovered evidence.
Two affidavits filed yesterday at
District Court indicate that a
"shakedown was being framed
against Mr. Ewing, with Robert
Payne. boy friend Of the complain
ing witness. a prime mover i'm the
plot, according to the defense. This
occurred about a week before Mr..
Ewing was arrested, the defense
contends.
The af1davits, made by Raymond
Hager and Kenneth H. Miller, de-
clare that about October IT. they
were sitting in a restaurant, when
Mr.. Payne and a companion came
up and sat at their table. The
companion left, according to the
aff1davits, but Mr.. Payne asked the
two men making the sworn state
ments If they wanted to make 500.
Mr. Payne explained, the afidavits
say, that rooming house here was
operated by AN old goat" and a
woman and that they could put
the old goat" in a compromising
position with Payne's girl friend.
Reject Scheme.
The two men making the afildavits
said they at first thought it was
a divorce situation and suggested
detective or friends, but Mr.. Payne
assured them, according to the
affidavits, that strangers were need
ed. The two afiiants then said that
it looked like a crooked scheme and
they did not want to have anything
to do with it.
Mr.. Payne said that the man who
operated the rooming house was
big shot politician from Utah and
they could probably get a lot OF
money out Of him II they worked
1t right" the affldavits declare.
Defense Counsel Homer L. Nc
Cormick and Roy S. Parsons told
Justice Morris at a brief hearing
Yesterday afternoon that one OF
their associates, Attorney Clair L.
Stout. on different occasions accom-
panied Mr.. Hager and Mr.. Miller,
singly, to the Reconstruction
Finance Corp, where the two men
making the affldavitS picked out
without hesitation Mr.. Payne as the
person who had made the PROPOSE
ton to them.
The Government was represented
at yesterday afternoons hearing by
Assistant United States Attorney
Charles B. Murray, who told the
iurist that the district attorneys
office wants time to inquire into the
situation.
Tried to Contact Counsel.
Mr.. Hager worked at the Airport
here, the court was Informed. and
he was injured and taken to the
hospital about the middle of jan
uary and got out of the hospital
only about a week ago. He made
unsuccessful attempts to contact
Mr. Ewings lawyers. when he
learned about the criminal assault
trial, he said. He talked with Mr..
Mccormick and Mr.. Stout last
Monday and Wednesday and went
with Mr.. Stout to the Reconstruc-
ton Finance Corp. He says he does
not know Mr.. Ewing or his family
and has no personal interest in the
case and that no rewards or COM
pensation were promised him. He
declares that he is making the
affidavit and revealing the fact only
for the purpose of seeing that justice
will be served.
Mr.. Miller'S affidavit Is similar,
but he explained that at Mr.. Nc
Cormick's request, he returned to
Washington from West Virginia last
Monday and went with Mr.. Stout
to the Reconstruction Finance Corp.
An affidavit from Mr.. Stout SUBJ
stantiates the R. F. c. angle of the
affidavit-that they picked out Mr..
Payne unassisted.
The defense says that it is look
ing for the fourth man in the
restaurant and think they may
locate him in Alexandria, Va.
Mr.. Mccormick told Justice Morris
yesterday that "the nature of this
evidence is so authentic and so
material that Mr.. Ewing should not
be sentenced without having jury
pass on this evidence"