| Show I OFFICIAL EX HELPS MITCHELL DEFENSE NEW YORK June 12 IP P Garrard Gar Gar- rard B. B Winston former under secretary sec of the treasury testified today today today to to- day that in 1929 he informed officers of ot the National City company that they had received from a management fund that year could not be regarded as personal Income Included in the was paid to Charles E E. E Mitchell then chairman of the company Mitchells Mitchell's failure to report the amount In his income tax return is the basis of ope of the charges of Income income in In- come tax evasion for or which he is on I trial Testifying for tor the defense Winston said sold he came from Washington to New York to resume his career as a lawyer in 1927 As a member of the board of the National City company and as its couns counsel l. l he wr wrote ti tC the resolutions resolutions resolutions reso reso- that formed the management fund and governed its distributions Discussing receipts signed by the officers acknowledging their obligation obligation obliga obliga- tion to pay the money back out of future profits from the fund Winston referred to them as notes On an objection by George Georce Z l federal federal federal fed fed- eral prosecutor he was not permitted permit permit- ted to say why he regarded them as as notes |