Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-02-09
bramb|ett Plea
Fails; II Of IS
.CountsDropped
Judge Refuses to
Free Legislator
In Kickbuck Case
By Howard L. Dutkin

Federal Judge Walter M. Bas-
tan today threw out ii of Is
counts of making false state
ments charged against Repre-
sentative Ernest K. Bramblett,
Republican, of California. but
rejected defense motion for
acquittal.
The defense rested shortly be-
fore noon without producing any
witnesses. Final arguments to
the jury began shortly AFTER
ward.
Mr.. Bramblett is on trial in
the U. S. District Court for the
District of Columbia on charges
of classifying his Office payroll
and receiving kickbacks from
two women employees.
Specifically he was charged
with certifying as clerks in his
Office Mrs. John Hardaway, wife
of his former campaign man
ager, and Mrs. Irving Swanson.
wife of the former Republican
clerk of the House.
Hardaway Counts Barred.
Judge Bastian. on motion Of
Defense Attorney Edward Ben.
nett Williams, threw out all the
counts referring to Mrs. Hard
aWay's pay checks. Left for the
jury to decide are seven counts
pertaining to payments to Mrs.
Swanson.
III throwing out the Hardaway
counts, Judge Bastian recalled
testimony from Mr.. Hardaway
that the latter knew. through
Withholding tax forms in Janu-
airy, 1851, that Mrs. Hardaway
was continuing on" as an EN-.
ploye Of the Congressman.
The Government had charged
that Mrs. Hardaway, who was
put on the Congressman's pay
roll in November, 1850, did no
work at all for him until the fol-
lowing February.
Auditor Role Refused.
THE court will not sit as an
auditor" to determine if a person
has been overpaid or underpaid.
Judge Bastian declared. He made
clear that his ruling was with.
out reflection" on Mrs. Harda.
ways testimony.
The latter had testified that
she did start doing some work
for Mr.. Bramblett in February.
1851, but did not know she was
on the payroll until the following
May.
She declared that she Endorsed
i've checks out of a total of six.
representing about $500. present.
ed to her face down by the Con-
gresham. The checks. she said.
were then pocketed by Mr.. Bram-
blett.
Mrs. HardaWay said she in
cluded the amount of the checks
IN her income tax returns. It
was brought out in testimony
that the increased tax as a re-
suit was paid by the Hardaways
and that Mr.. Bramblett never
was asked to make restitution
for the additional expense.
Called Testimony Fantastic.
In arguing for dismissal Of
the Hardaway counts. Mr.. Will
Hams and his associate, Attor-
ney Murdaugh Madden. called
this testimony fantastic and in
credible.
Mrs. Swanson has testified that
pay checks made out to her were
deposited in an Arlington bank
and funds subsequently, with
drawn to repay Mr.. Bramblett
the face value. She said Mr.
Bramlett had returned the cost
OF the increased income tax
against her as result of the paw
checks. Approximately $4,000 is
the total sum involved in the
indictment.
Mr.. Williams. in arguing for
acquittal of Mr.. Bramblett on
all IL charges. contended the
1alse statements law under which
ME- Bramblett was indicted an
plled only to false statements to
the Executive Branch of the
Government-not the Legislative
and Judicial branches.
Judge Bastian, in ruling
against Mr.. Bramblett, said Con-
gress did not specifically exclude
the Legislative and Judicial
branches and could have done
SO If that had been it's inten.
ton.