These Witnesses

The Attorney General, Harry M. Daugherty, is under investigation by a committee of the Senate. The inhabitants of Mars, if they read any U. S. papers, must be aware of that fact. But beneath this portentous event is a story which began several decades ago in the little city of Washington Court House, Ohio.

There was a young lawyer in Washington Court House, named Harry M. Daugherty, and also his brother Mai S. Daugherty, a banker. There was a little boy, Jesse W. Smith, bereft of his close relatives. The two Daughertys took it upon themselves to give the boy an education and see to his start in life. A few years passed and the boy became owner of a store. Then, in 1908, the boy married. The marriage lasted only about a year and a half, and was followed, in due sequence, by a divorce. More time passed and Lawyer Daugherty, who was in politics, conceived the idea of making a President. In 1921 Warren G. Harding became President, and Harry M. Daugherty Attorney General.

Meanwhile the attachment of the Daughertys and young Smith had not weakened. The Attorney General was a man of strong affections. Jesse Smith was likewise. There was mutual devotion. When Harry M. Daugherty went to Washington, Smith went, also. For a time, although Smith had no official position, he had an office in the Department of Justice. He lived with the Attorney General. He was a sort of unofficial right-hand man. Then Smith fell ill, with diabetes. He was operated on in Ohio; the Attorney General went all the way from Washington to be at his bedside. He recovered in part. It was said that his wound did not heal and might never have done so. His expectancy of life was short. On May 30 of last year he killed himself in the apartment of the Attorney General.

Last year there was an investigation of the Attorney General by the House of Representatives. He was acquitted. Last week a new investigation of the Attorney General was opened by a Senate Committee, with Senator Wheeler, radical Democrat from Montana, as its "prosecutor." The first witnesses called by the Committee gave sensational testimony. These witnesses were the divorced wife of Jesse Smith, and Gaston B. Means, former Department of Justice "investigator."

Roxie Stinson. Mrs. Jesse W. Smith, divorcee, resumed her maiden name of Roxie Stinson. She did not, however, break off her acquaintance with her late husband. According to her testimony they remained on friendly terms; he told her his financial affairs; he continued until the time of his death to support her, although a settlement had been made at the time of the divorce.

Tears were the order of the day on her first appearance as a witness. On her second appearance she was composed, but inclined to burst into giggles. "Daugherty's giggling nemesis," one newspaper called her. Tall, handsome, 30-odd, with her dark brown hair bunched over her ears, wearing a full-length black sealskin coat--so was she described.

In estimating her testimony it must be taken into account that she is one of several legatees under her ex-husband's will--the Daughertys are among the others--and she is at present contesting for a larger share in the division of the estate. Her lawyer for a time was one of the arch-political-enemies of Attorney General Daugherty. It was reported that she attempted indirectly to sell her story to the press-- but without success.

On the witness stand her principal testimony was in regard to things that her ex-husband had told her. Mr. Howland, attorney for Mr. Daugherty, objected that this was hearsay testimony and not admissable. Senator Wheeler said that he thought quotations from a dead man should be allowed as evidence.

Mr. Howland: "And you have been admitted to the bar!"

Senator Wheeler: "Yes and I have tried as many cases as you have. . . . There isn't going to be any bulldozing of this inquiry. . . . We won't take your petty small abuse. You will have every courtesy."

Mr. Howland: "Scant courtesy so far."

Senator Ashurst: "Some people don't know what courtesy is!"

Thereupon Miss Stinson went on to relate that her ex-husband had told her of having received with the Attorney General gifts of stock and cash for permitting interstate transportation of the Dempsey-Carpentier fight films, etc. She said, when he went to Washington, his property was worth $150,000 to $175,000 and that he denied his estate was worth $250,000. He had had no business in the meantime, but she insisted that he had steadily improved his fortune, although he was an unsuccessful stock speculator, after going to Washington.

"She is an angry woman, . . . a disappointed woman . . . a malicious woman" commented the Attorney General afterward.

Gaston B. Means. The former agent of the Department of Justice described himself as follows when questioned by Senator Wheeler:

Q.--What was your early training? A.--First I went to school as a child, and prepared for college.

Q.--Mr. Means, did you ever attend college? A.--I did, the University of North Carolina.

Q.--And have you ever been convicted of felony? A.--I have been accused of every crime in the catalogue, but not convicted so far. I have never been convicted, but have been charged with every known crime. Oh, I have been convicted once or twice for minor fights.

Q.--How was that? A.--I have been in the Mayor's court for hitting some fellow, or some fellow hitting me, and licking me, perhaps, or otherwise, or something like that, but I never called that anything.

Q.--What is your business at the present time. A.--Answering indictments.

Indeed Means has been recently indicted for bribery and bootlegging. In 1917 he was indicted for the murder of Mrs. Maud A. King, a millionaire widow, who was shot after going automobiling with Means. He was acquitted. Two years later he produced a will of Mrs. King which was declared a forgery. According to his testimony, he has been employed by the German, British, Mexican and U. S. Governments, besides individuals. His employment with the German Government took place under Captain Boy-Ed and Ambassador von Bernstorff before the U. S. entered the War, and for it he is reputed to have received $1,000 a week. In going before the Committee he waived immunity--as was necessary, because he is about to be tried in New York for bribery.

Mr. Means asserted: 1) that he had received for Jesse Smith $100,000 in cash from a representative of Mitsui Co., Japanese bankers, in connection with a War contract case with the Standard Aircraft Corporation; 2) that he had received, also on Smith's behalf, various sums from the Dempsey-Carpentier fight film affair; 3) that he had tried "to get something" on Senators; La Follette and Caraway; 4) that President Harding had ordered that he investigate Secretary Mellon in regard to liquor withdrawal frauds--"the President wanted that information in regard to him: to catch him, and we caught him." Etc., etc.

As the hearing closed Senator Ashurst said: "Mr. Means you may be under indictment, but you may have to-day rendered the cause of truth and justice a valiant service. It is the first time I have ever seen the end justify the means."

Afterwards Secretary Mellon commented on Mr. Means' testimony: "It is merely vicious piffle."

The head of the film company which photographed the Dempsey-Carpentier fight testified that he had paid between $60,000 and $65,000 to three men for alleged protection in taking the fight films out of New Jersey. The three men, he declared, were "Jap" Muma, who represented himself as a friend of the Attorney General, William E. Orr, represented to be a friend of Jesse Smith, and Ike Martin, proprietor of a Cincinnati amusement park.