Evening star., 1951-03-12
Beard
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income than he reported rests on
the Government. Mr.. Gould said,
and Beard should not be COM
PEELED to prove that he is innocent.
Let them bring Frank Erick-
son in to tell ewhat the checks
were for" Mr.. Gould said, land
let them bring their other wit
nesses in if they intend to prove
their charges.
Burden of Proof Argued.
What have they got to hide?
They tell you they are going be-
fore the grand jury tomorrow.
Why are we here today if we are
not to get a full hearing? They
haven't shown one dime of in
come beyond what has been re-
ported.
THE. burden of proof under the
Constitution is on the Govern
ment and you can't throw the
Constitution out of the window
just to accommodate the Govern
ment."
Commissioner Volkart ruled,
however. that the defendant as
the final indorser of the checks
must be presumed to have re-
ceived the $4,000 and he is the
only person who could explain
what happened to it.
If the defense did not propose
to offer any explanation of what
happened to the money after the
checks were cashed, Commissioner
Volkart said, he would hold Beard
for court action and then he set
bond at $4,000.
Mr.. Kenney asked for a reduc-
ton in bond, but Mr.. Flynn pro-
tested and Commissioner Volkart
said "this is a very serious charge"
and refused to reduce it.
Held Briefly in Lookup.
After the hearing, cell doors
Changed shut on Beard for the
first time since he went to At
lanta Penitentiary in 1886 on
gambling conspiracy charges. He
was held in the Federal Court
house lookup for more than an
hour while arrangements were
made for his release on bond.
Emerging from the lookup,
Beard was f1anked by his attor-
neys. He posed smilingly for
newspaper photographers on the
sidewalk outside the courthouse.
On the advice of his lawyers he
was adamant in his refusal to
discuss the case with reporters.
The only time during the hear
ing when Beard said anything was
when Commissioner Volkart asked
him his age. Beard said he was
so years old.
Beard was garbed for his ar
raignment in a green velour hat,
a gabardine topcoat and a dark
gray suit with the breast pocket
of his jacket stuffed with pencils.
Because of his portly figure, his
trousers pulled far above his socks
when he sat down.
Mr.. Flynn explained before the
hearing that the criminal COM
plant was filed by the Internal
Revenue Bureau to stop the stat
ute of limitations which other
wise would have run out March
Is on the 1914 case.
Other Returns Questioned.
The Federal grand jury will go
into the 1914 case when it opens
its investigation tomorrow. Mr..
Flynn said the Government will
present only one witness-pre-
sumably Agent Ford. The prose-
cutor said it was possible that
the grand jury would also make a
decision tomorrow.
Later, Mr.. Flynn explained, the
grand jury will go into Boards
returns for 1945, 1946 and 1947
The Government contends Beard
understated his income in those
years, too, to the tune of close to
So million. In addition to the
alleged overdue back taxes, the
Government claims interest anc
penalties totalling more thar
$1.8 million.
Meanwhile, a $4,167,328 tax lier
issued here serves to tie up Boards
holdings in the District and Mary.
land. That includes Boards home
in the 7400 block of Alaska ave-
nue. NV. and three downtown
: properties.
In addition, Boards wife /!
listed as the owner of the ole
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