Evening star., 1947-09-06
Jury Tamperiing
Charge|sFi|edin in
Bank Conviction
Fredericksburg Man
Submits Affidavit
Seeking New Trial
BY the Asseeioied Press

RICHMOND, Va, Sept. 6.-An at
tempt to influence juror In the
Fredericksburg bank case, In which
nine prominent persons were con-
victed in Federal District Court
here, was charged in an afhdavit
lodged with Clerk Claude M. Dean
of the Fourth United States Circuit
Court of Appeals yesterday.
Mr.. Dean said he was informed
by counsel for Clarence L. Robey.
one of those convicted Of aiding and
abetting misapplication Of funds Of
the bank, the AFFIDAVIT will be the
basis for motions in both courts
today to set aside the verdict and
declare mistrial.
The AFFIDAVIT signed by Robert
Lewis Young, retained by Robey as
counsel since the trial, states a
juror was approached during the
case with an offer of "easy money"
and went to see an acquaintance,
Circuit Judge Leon M. Bazile Of
Hanover County, about the incident.
Judge Bazile wrote a letter to Judge
J. Waties Waring, presiding judge in
the trial, which was delivered in
person by the juror, according to
the affidavit.
Robey's counsel was to file a
motion in District Court to have the
court set aside the verdict and
sentence in the case and to grant a
mistrial, Mr.. Dean was informed.
Similar affidavits and motions will
be filed in the Circuit Court of
Appeals, requesting that court to
remand the case to the District
Court so, the lower court can pass
upon the motion to set aside, Mr..
Dean said.
Case May Be Remanded.
Under the criminal code, the Dis
trict Court cannot act on such a
motion pending the appeal unless
the case is remanded to that court
by the Circuit Court, where the case
now is pending on appeal.
1t is understood similar motions
and affidavits will be filed in the
other cases now on appeal by six
additional persons.
The affidavit. on which the motions
will be based, was made by Mr.
Young before a notary public and
lodged with Mr.. Dean, who said it
will be filed as an exhibit with the
motions.
The affidavit says Mr.. Young on
September 3 called on James Madi-
son, Hanover County, one of the
jurors in the case, and asked him If
1t were true, as reported, that dur
ing the course of the said trial an
improper attempt had been made to
influence him as a juror In said
case"
Seven Appeals Filed.
Seven of the nine persons con-
victed in District Court of aiding
william Reeves Gardner in mis-
application of over $435, 900 from a
Fredericksburg bank have appealed
to the Circuit Court. The case is
set for argument October 13. Gard
ner himself has not been tried
Appellants are Hugh N. Rakes,
sentenced to four years in prison and
fined $4,000; his wife, Lillian c.
Rakes, sentenced to four months in
prison and fined $1,000; Delegate
Joseph E. Prof1t of Floyd, sentenced
to three months and fined 5000;
Kyle M. Weeks, sentenced to II
months and fined $1,000; Joseph A.
Sewers, sentenced to three months,
Harry Lamson, Washington real
estate man, given an alternate
sentence of three months imprison-
ment or a $4,000 fine, and Robey,
sentenced to three months and fined
$4,000.
The appeal of D. E. Nelson was
dismissed when he chose to pay a
$4,000 fine imposed by Judge Waring
as an alternate to a three-month
Imprisonment sentence. Paul Kar-
stem, jr., was placed on probation
for one year, and no appeal was filed
hv him