Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-02-10
BrombIett Planning to Appeal
Payroll Kickbuck Conviction

would move to have Judge Wal
ter M. Bastian, who presided at
the trial. set aside the verdict
as being contrary to the evidence
and to the law.
Free Under $4,000 Bond.
Judge Bastian allowed Bram-
blett to remain free. under $4,000
bond, pending outcome of the
motion and possible appeal to
the Court of Appeals. Mr.. Will
liams has five days to file his
motion. He said he would get to
work on it Immediately.
The defense hope of eventu-
ally winning acquittal lay in an
Interpretation of the false state
mcnts statute that apparently
;had never before been tried in
court
The statute makes it a crime
to make false statement will
fully lin any matter within the
jurisdiction of any department
or agency of the United
States :"
Bramblett was convicted of
making false statements to the
disbursing officer of the House.
Defense counsel commended the
House, being a legislative branch
is not a department or agency
of the Government within the
legal meanings.
Mr. Williams and his associ-
ate. Attorney Murdaugh Mad
den. earlier had urged a judg-
ment of acquittal on this
ground
Judge Bastian rejected the
motion at the time. But. at a
bench conference, according to
the attorneys, Judge Bastian
suggested that the motion be re-
neWed after the jury verdict.
This is the motion Mr.. Williams
is preparing to file.
If a motion we're granted and
Bramblett were acquitted by
the judge despite the verdict,
the Government would have the
right to appeal the decision.
It was mainly the testimony
of Irving Swanson, former Re-
publican clerk of the House. and
his wife Margaret, that resulted
in Bramblett's conviction.
Mr.. Swanson testified that in
1949 Mrs. Bramblett was on her
husbands payroll. This, he said,
was leading to charges of nepo-
tism by Bramblett's political OPP
ponent in the 18th Congress
Sional District.
So, he said, it was suggested
that Mrs. Bramblett's name be
dropped and that Mrs. Swan
sons name be substituted, al
though Mrs. Bramblett continue
to do the work.
This was done, effective Sep
TENDER /, 1949, it was charged.
Mrs. Swanson remained on the
payroll at a base yearly salary
of $4.700 until December, 1850.
But because of the statute of
limitations, the Governments
charges covered only the period
June, 1850. through December,
1850.
During this time, it was testi-
fled, paychecks totaling about
$2,744 were deposited to the
Swansons' joint account in an
Arlington bank. Later. Mr..
Swanson said, he would with
draw, by counter-check, sums
sufficient to repay Bramblett.
Said She Did No Work.
Mrs. Swanson testified she had
never done any work for the
Congressman. Prosecutors Will
liam Hitz and William Becker
asserted that Mrs. Bramblett
was returned to the payroll at
$4,000 a year three months after
she originally was removed and
that two jockeys were then
riding the same horse and they
rode it to DEATH"
The indictment against Bran
blett originally contained 10
counts. But II of them, involv-
ing alleged Misrepresentation of
the payroll status of Mrs. John
Hardaway of Santa Barbara,
Calf, were thrown out by Judge
BaStian.
Bramblett, So years old. is
serving his fourth term in the
House. Formerly he was an edu-
Gator in the Monterey County