Evening Star Newspaper, February 22, 1935, Page 4

EVIDENCE BUOYS MELLONLAWYERS U. S. Attorney, However, Is Equally Elated at Tax Case Trend. 87 the Assoctated Press. PITTSBURGH, February 22.—Smil- ing and debonair Frank J. Hogan, na- tionally known Washington attorney and chief counsel for Andrew W. Mellon, insisted today not “one cen- tiliter” of “pertinent evidence” has been disclosed in the Government's $3,089,000 income-tax fraud case against his client that he hadn’t ad- mitted to be true himself in his open- ing summation. Equally elated at results of the first ‘week’s hearing before the Tax Appeals Board is the Government's attorney, the athletic-looking counsel from Jamestown, N. Y., Robert H. Jackson. Hearings were recessed over Washing- ton’s birthday and the week end, “We maintained this entire case was one of political persecution, and we showed that to be true by the deputy internal commissiongr of internal rev- enue, Charles T. Russell,” asserted Hogan. Belittles Other Evidence. “Nearly all of this other evidence is | for publicity purposes and will be shown to have no real bearing on the case.” The attorney was referring to testi- mony by Russell that although he had directed the investigation into Mellon's 1931 income-tax return and had signed the letter notifying the former three- time Treasury Secretary last March of the bureau's added claim, an As- sistant Attorney General had approved and initialed the letter. Russell admitted it was the first time to his knowledge that the at- torney general's office had taken a hand in such a case, but insisted the matter was referred to that depart- ment merely to let it know the bu- Teau was ready to start its suit. Jackson Also Elated. Attorney General Homer D. Cum- mings had publicly announced he would seek a grand jury investiga- tion and indictments against Mellon several weeks before the notification letter was sent and Hogan charged in his summation that Cummings had forced the revenue department to pro- ceed unwillingly against the former Republican Secretary. “We have found more than we thought there was to this case,” as- serted Jackson. “Mellon’s records and | he learned what he called the true cir- the testimony of his confldential sec- | cumstances of the incident while delv- retary, Howard M. Johnson, have more than borne out our charges. | “Mellon was not qualified to sit as Secretary of the Treasury for 11 years because he owned bank stock, even | though it was in his brother's name. | We've shown clearly that his stock | sales to establish losses were shadow | sales. He didn't sell a share of his | stock to his dominated Union Trust Co. in which he didn't take a loss. | Where he didn't have a loas we have | shown that he simply transferred the stock direct to his own concern, the Coalesced Co. It always bought from | Union Trust the other stocks.” | Johnson Carefully Grilled. ‘While his chief sits a few feet away, Witness Johnson has undergone more than two days of examination on the | witness stand, most of it slow but methodical cross-questioning by Jack- | son. Over his gll-aluminum desk in the | Mellon National Bank for more than 20 years has gone practically every financial transaction of Mellon. Al- most as frail as well as retiring as| his employer, Johnson has shown a remarkable memory for detail as he is | sent from ledger to journal to bank books. He may remain on the stand | several days next week. One headline disclosure Johnson was | forced to make was the fact that Mel- lon placed a book value of slightly more than $97,000,000 on his holdings on December 31, 1231. The unbeliev- ing cross-examiner demanded an item- ized account of all the assets and liabilities of the financier. This was furnished and is being studied over the ‘?;k end for more questioning mate- Tial. GEORGE WASHINGTON TO PLANT CHERRY TREE | Philadelphian Leaves to Repair | Damage His Uncle Is Said to Have Caused. By the Associated Press. PHILADELPHIA, February 22— George Washington left for Fred- ericksburg, Va. yesterday to replace | the cherry tree his uncle, four genera- tions removed, is supposed to have eut down with a hatchet. ‘Washington, a Philadelphia pro- duce broker, will plant a cherry tree on the old plantation of the first President near Frederickshurg today 1‘? a Washington’s birthday celebra- on. Australia Holds Pace. THE EVENING Mellon Talks With Aide Copyright, A. P. Wirephotos. Andrew W. Mellon puffed a ciza the left is Attorney Nelson Hartman. r as he conferred yesterday with his counsel during intermission of his income tax hearing at Pittsburgh. At By the Associated Press. | WATERBORO, Me,, February 22— The oft-told and sometimes disputed | story of George Washington and the | cherry tree was told with a new ver- | sion today—one in which the youthful | George is represented as having chop- | ped down the tree Lecause of a dispute with his stepbrothers. It was related by Webster Martel Smith of Coalsburg, W. Va., who said ing into musty records of his family. He is a direct descendant of Martha Ball Smith, an aunt of the Nation's first President. Says Boys Quarreled. According to Smith's version, the boys of the Washington family, which included children of the first wife of George's father, squabbled each year | over the fruits of a certain cherry tree on the Washington place along the Rappahannock in Virginia. If George and his own brother took possession of the tree, his step- brothers bombarded them with sticks and stones. | One Summer, George, armed with a hatchet, assembled his companions, including colored boys, and climbed into the tree. They withstood the | usual bomBardment for a time, but finally George jumped to the ground and chopped down the tree, shoutin; “By the eternal, if Mary Ball's boys | can’t have these cherries her step-! sons can’t have them either.” The story then relates that George's | father threatened to punish him, but | relented after hearing his son’s forth- right reply, as every child has no! doubt heard. | Told at Maine Meeting. Smith said he found the story in| reading of a meeting attended by | Martha Ball Smith and her husband, Archibald Smith, at which the prov- ince of Maine voted to join other colonies in & move for freedom. Delegates from the Virginia House | of Burgesses were present, and when | the question arose as to who should lead the American troops, one dele- Woman Foregoes Jig {| On 112th Birthday; | She’s Growing Old By the Associated Press. NEW LISBON, N. J., February 22—“Aunt Mary” Asay was 112 Wednesday, but she wasn't in & party humor. She ate a big slice of birthday cake and helped herself to much ice cream, but something was missing. She sang. “Where Is My Wandering Boy Tenight” and thirty other songs, but the zest of living was gone. She didn't feel like danting her ususl birthday jig. To the other inmates of the Burlington County home for the aged, Mary Ann Asay’s loss of pep was understandable: Australia’s 1934 prosperity is econ- tinuing in the new year. This famous, She’s getting old. Washington Felled Tree in Feud With Stepbrothers, Papers Say Kin of Martha Ball Smith, Aunt of First President, Gives Version of Story Told at Historic Meeting. gate proposed the name of George Washington. There was some objection to his youth, and then, according to Smith, Washington's aunt defended his abil- ity by telling the story of the cherry | tree. Later the youthful Washington was | chosen to command the Continenta: Army and Martha Ball's fiery de- fense of her nephew was largely re- sponsible for the decision, Webster Smith avers. e LOWEST BIRTH RATE OREBRO, Sweden (#).—This town has one of the lowest birth rates in the world, the figure for 1934 being only 639 a thousand inhabitants. Since 1913 the number of school chil- dren has fallen from 848 to 284. Time Is Cetting Short] Better Share In The Sale Savings Nowl For Economical Heating Results, Try carefully cleaned all-lump bituminous coal is guaranteed dustless. Chemically treated at the mines to prevent duysting. At these low prices you can heat your home camfartably and well at worth- while savings over other size coals. Its dustless feature emables you to keep a cleaner, healthier home, free from dirt and Phone Now . . . Office’ OPEN UNTIL 10 P.M. A ~ STAR, WASHINGTON, ROOSEVELT LEADS .NATION’S TRIBUTE TO WASHINGTON (Continued Prom Pirst Page) Proctor’s Artillery serenaded the gen- eral to remind his af his birthday. Wi 's expense book discloses an item of 1 pound 10 shillings of “hard money” for the serenaders. + One of Washington's happiest anni- versaries was that of 1709—his last one—when Nellie Custis, his adopted daughter, was married at Mount Ver- non. In a ceremony at the old Washington homestead near Fredericksburg, Va., a new cherry tree was planted today to perp:tuate the cherry-chopping legend. ‘Throughout the National Capital Government, business, schools and the public library, with its branches, vir- tually were all closed, although some business houses opened for half a day. Flags decorated public buildings and many offices and homes throughout the city. Continental Hall Services. Memorial Continental Hall of the Daughters of the American Revolu- tion was the scene of a colorful gathering this morning, where a capacity audience participated in an elaborate program. Representative Brooks Fletcher of Ohio was the principal speaker. The Washington National Monument Society met at the Metropolitan Club. From the top of the Washington Monument Representative Sol Bloam, head of the Washington Bicentennial Commission, broadcast by radio the story of the shaft, during which he paid tribute to Washington. “The Washington Monument as it now stands, #n all its simplicity and | beauty, is cugiously like the man him- self,” he said. “The history of its building is a struggle against diffi- culties, and its final completion in this simple form, despite the many efforts to clutter up the design with useless decorations, is like the final triumph of George Washington him- self in war and in peace. “No one can look at this monument without a feeling of patriotic pride in the man and the nation. Generation after generation honors his name, his | deeds, and the sound principles for which he stood. And we today bow our heads in reverest memory o the ‘Father of our Country, George Washington, the first President of the United States, whose name and fame will live on as long as patriotism and Justice are cherished among men.” Tells of Donations. | The story of how the monument | was erected, through private sub- | scription, and later by Government | funds, and the part taken by the | Washington National Monument Soci- ety also was described by the speaker. | The cost of the foundations and shaft, he said, was $1,187,710. Of this | the society raised $300,000. The shaft | was completed in 1884, he said, and | dedicated February 21, 1885, but not | ?pened to the public until 3! pears | ater, Another Nation-wide broadcast in honor of Washington, by the National Broadcasting Co., described the home at Mount Vernon and the famous old Gadsby’s Tavern at Alexandria, as part of 8 program which included de- scriptive scenes from other parts of D. C, the Nation connected with Wash- ington. The celebration at the base of the Monument began at 8 a.m., When 48 American flags were unfurled to pay the tribute of the 48 States. After President Roosevelt's wreath had been placed, other floral tributes from various patriotic and civic so- cleties were laid. One of the traditional celebrations which harks back many years was that of the Association of Oldest In- habitants, who met in the old Union Engine House, at Nineteenth and H streets. . Grats E. Dunkum delivered the principal memorial address and Jesse ©C. Suter read Washington's farewell gddress. Frank K. Sanderson, accompanied by Mrs. Sanderson, sang patriotic solos and led in community singing. The invocation was by Dr. George F. Dudley, rector of St. Stephen’s and the Incarnation Episcopal Church. John Clagett Proctor read an original poem. Wreath Placed on Tomb. Members of George Washington Post No. 1 motored to Mount Vernon, where they placed a wreath on the tomb with appropriate services, with Post Comdr. Howard E. Snyder speaking. Fort Stevens Post, Squadron, No. 32, Sons of the American Legion, hold patriotic exercises tonight at Paul Junior High School, Eighth and Oglethorpe streets. The Visayan Circle of Filipinos will celebrate tonight at their club house at 2117 Pennsylvania avenue. Dr. E. E. Naylor of National University will be the principal speaker. Other parts of the program include the welcome address by Jose Roca, | club president; Hawailan guitar solo | by Pedro Edralen, piano selections by | Thomas Thayer and a short talk by Fernando T. Amis on Washington in ' the Philippines. ————— FRIDAY, FEBRUARY 22, 1935. MONUMENT SOCIETY | IN ANNUAL SESSION Members Place Wreath at Base of Shaft and Then Meet at Metropolitan Club. In accordance: with long tradition, the Washington National Monument Society today laid wreath at the base of the Monument and then con- vened for its annual meeting to dis- cuss problems of its volunteer steward- ship in connection with the memorial shaft. Yesterday was the idftieth anniver- sary of the dedication of the Monu- ment, whose existence is due largely to persistent efforts of the society, or-!} ganized in 1833 to promote the erection of a national monument in memory of George Washington. Since the last annual meeting of tite society the Monument has been re- paired and cleaned—an operation which the organization urged in reso- lutions adopted at that meeting. Justice Willis Van Devanter of the United States Supreme Court was to preside at the meeting of the society today in the Metropolitan Club. He is will | first vice president. President Roose- velt is president of the society, ex officio. The society held no ceremonies at the Monument, dispatching its wreath by messenger, Florence Eldridge in Hospital. HOLLYWOOD, Calif.,, February 22 () —Florence Eldridge, stage actress and wife of Frederic March, screen actor, was in a hospital today suffer- ing from sinus trouble. 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