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every time there is an election, they accuse a man of something. John Smith will come and say to you, "If you do not help me, I am going to have your raided." I guess the district attorney's office gets credit for a lot of that. I never heard of that. I deny that. I am not responsible for it and took no part in it; and I have taken no part in the sixth district in politics since I have been in that office. Now, let me just give you one other thing. There are a lot of stories about what took place in the Remus case. Senator HASTINGS. Did you try Remus?

Mr. SMITH. No; I did not, and I am going to tell you why I did not. He had a system covering several cities down there, but he had bought a farm just back of Cincinnati called the Dader farm. That was done just as I went in office.

Pretty soon after I came into office I was called on the telephone by somebody from the Attorney General's office and was directed to come to a conference in Cincinnati. I sent my representative. I went over to Cincinnati, but I do not think I was in the conference, because they did not hold it just at that time, and I had the trial of a case before Judge Stockton, so that I sent an assistant in my office in whom I have confidence, and the United States attorney from Indianapolis, Mr. Bacon, and the indictment expert was there, and she selected Cincinnati as the place to try him, because the Dader farm was their place of distribution, and there was his office. We cooperated with them.

That was a general conspiracy indictment that covered what took place in our district, and these articles did try to force from me some statement, but I declined to make any statement. I was told to keep my mouth closed. Mrs. Willebrandt was engaged in the prosecution of that case, and Remus was sent to the penitentiary. This reporter said that I said over the telephone that I had not had time to look into these cases and try them. I gave all the excuses I could to keep from giving any information, but I could not talk. That is the best I could do. Do you want to hear me further? Senator BORAH. I guess that is all.

Senator HASTINGS. I have no further questions.

Mr. SMITH. I will say, Senators, that I have done my very best to enforce the law. I admit to you that it is a difficult proposition. Senator BORAH. Mr. Smith, there is just one thing in this matter that disturbs me. I was informed, as you see

Mr. SMITH. Yes; I can see.

Senator BORAH. That there were practically open places running in this district all the time.

Mr. SMITH. The people who complain ought to go to the district attorney and give him a chance to close them up. That would be fair, instead of complaining to you in Washington.

Senator BORAH. The supposition was that you knew they were open.

Mr. SMITH. There will not be any. A man, of course, can write a letter, but he ought not to send it away off.

Senator ASHURST. We do not pay any attention, here, to letters that are unsigned.

Mr. SMITH. I am glad you do not. I will tell you, though, that I have gotten some most valuable information through anonymous

letters.

Senator ASHURST. Oh, I do not object to district attorneys using them, but in Congress we can not pay attention to anonymous letters. Mr. SMITH. I have gotten information from many sources, and I have tried to use it to the best advantage I could.

Senator BORAH. We are very much obliged to you.

Mr. SMITH. I am much obliged to you gentlemen for giving me this time, and this long hearing.

(Thereupon, at 1 o'clock p. m., the subcommittee adjourned, subject to the call of the chairman.)

Nomination of Sawyer A. Smith as United States District Attorney for the Eastern District of Kentucky

HEARING

BEFORE A

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

SEVENTY-FIRST CONGRESS

SECOND SESSION

ON

THE NOMINATION OF SAWYER A. SMITH AS UNITED
STATES DISTRICT ATTORNEY FOR THE
EASTERN DISTRICT OF KENTUCKY

94621

PART 2

FEBRUARY 10, 1930

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1930

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