The Washington times., 1930-12-15
LOSES
IN EVIDENCE
ENTRY
u. S. Attorney Draws Fire of
Justice, Who Orders Directed
Verdict; Argument Follows

Verdict; Argument Follows
Jacob Shapiro, president of the
Joseph Shapiro Realty Company,
on trial in District Supreme
Court before Justice Peyton Cor
don, on false pretense charges
involving the sale of property
lsaid to be incumbered by "hid-
den trusts" was freed on a di-
rected verdict.
Justice Gordon sustained mo-
tion Of Mr.. Shapiro's counsel, At
torneys Alvin Newmyer, Leon To
briner and Walter Tobriner, to
strike out certain evidence which
had been previously admitted on
grounds that 1t was not sufflcl-
. emily described in the Indictment.
I Relates to Notes
The evidence stricken related
to promissory notes which fig
ured in the transaction.
DR.. and Mrs. w. Calhoun Furr\
the complainants, had testified
that they bought house at 17O7
Hobart st. N. W., from Mr..
Shapiro on his representation
that it was incumbered only with
. first trust of $500.
They say they found a $2,500
trust had been placed on the
property and this knowledge con-
cealed from them.
Justice Gordon'S ruling was
followed by a heated colloquy
between the court and Assistant
United States Attorney John w.
Fihelly.
Resuming his seat Mr.. Fihelly
refused to take further action in
the case, merely replying that he
awaited the courts pleasure. jus
tice Gordon replied: e
Directed Verdict Ordered
'"The courts pleasure is that
Oyu either place your other evi.
dence on the stand, If you have
any, or move for q directed vcr.
dict"
= Attorney Leo Tobriner then
arose and moved for directed
. verdict of acquittal, where MIR.
Fihelly again jumped to his feet
and demanded that the record
show that the motion had been
granted before TIE Government
had rested it's case. Justice Cor
don asserted Shat he would direct
Q verdict ri not guilty.
Mr.. Fihelly then presented in
quick succession two additional
witnesses whose testimony was
excluded after objection by de-
tense counsel on grounds Of ir-
relevancy.
J Then came the dramatic end.
Justice Gordon called opposing
counsel to the bench and, after
snort conference, Mr.. Fihelly re-
TUNED to his seat and announced
that the Government would rest.
The court then directed the
jury to report a verdict of not
fhilty and Mr.. Shapiro was freed
'Yu C1le present cnarge.
y Practice Held Customary
I A number of other indictments
are pending against the realtor in
volving transactions of a similar
nature, but the United States at
troneys refused to state what
action would be taken in those
cases.
He further declined to say
whether he would seek new in
(dictments against MI. Shapiro on
the same charges which are vet
untried, or whether further pros.
fecution which was initiated by
the Blaine subcommittee of the
j Senate District Committee last
summer would be abandoned. -
The Blaine subcommittee is
continuing its investigation into
District real estate conditions and
has announced itself violently
hostile to the methods of real es-
tate development used by Mr..
Shapiro. They are said, however.
to have been customary practices
lin the District of Columbia for
many years on the part of real
< estate developers to incunher
subdivision property with blanket
mortgages and release the mort
sage against individual tracts
only after the receipt of a sub.
Stantial part of the purchase
price from the new owner.