Draft Board. Each presented affidavits to the effect that Martin was in ill health and dependent upon Willard. The evidence seems to justify the jury in its finding to the contrary. The undisputed evidence was that Martin spent quite long hours practically every day in a restaurant on the North Side, Pittsburgh, in which he was the manager and, at least so far as it appeared to the public, the owner. Its sign designated it as "martin's Grill", and in it Martin was in control. He "hired and fired" the employees and generally rendered such services as to justify a wage, whether given him, or taken by him, or not, and which made it reasonably clear that he was not physically incapacitated to any material extent. He and his wife lived apart from Willard.
The defendant, Walter William Weel, and Martin H. Singer were connected only by the fact that each acted to relieve Willand Irwin Singer from the draft. Weel signed an affidavit in which he asserted that he was an owner of coal mines and a considerable dealer in coal who had contracts for coal with large concerns engaged in the manufacture of war materials. He alleged that Willard Irwin Singer was essential to his coal business and irreplaceable, and prayed his deferment on the ground that his inclusion in the military service would be to the detriment of war work. Weel's own testimony at the trial disclosed that he had, at the time, no operating mines and that Willard Irwin Singer had no right to deferment as an essential employee because the claimed business was nonexistent.
Both Weel and Willard Irwin Singer testified that the latter had nothing to do with the affidavit, and that it was entirely Weel's idea. The affidavit was prepared in Willard Irwin Singer's law office and was attested by a Notary Public in the building in which the office was contained. The jury quite evidently rejected the testimony of nonparticipation by Willard Irwin Singer and, in view of other testimony which it found to be materially false, was justified in so doing.
And now, to wit, April 21, 1943, upon consideration thereof, the motion of defendants for a new trial is hereby denied. The motion of defendants in arrest of judgment is hereby denied.
© 1992-2004 VersusLaw Inc.