Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-23
JURY ACQU|TS TWO
IN GAMBLING TRIAL
Directed Verdict Frees Third
Facing Court in Warrant
less Raid Cases.

A Police Court jury today declined
to give its approval to "warrantless"
sa!ds by declaring Thomas Simon and
Steve J. Nichols not guilty of per-
hitting gaming st 915 Ninth street.
Previously in another "warrantless"
raid trial today Judge Ralph Given had
directed a verdict of not guilty because
of insufficient evidence in the case Of
Louis Palumbo, one of two other men
on trial in the so-called warrantless
gambling cases.
The jury's findings. which were re-
turned after elaboration of an hour,
were held to be death blow to raids
conducted without permission to enter
private quarters. as Simon yesterday
admitted from the witness stand that
he had operated gambling house at
the Ninth street address. He added
that Nichols, jointly charged with him,
had nothing to do with the place.
Illegal Entry Charged.
Conceding that gambling was permit
ted on the premises where his clients
were arrested. Attorney Harry Whelan
had founded his whole defense on the
grounds that the police had illegally
entered the house. The officers had
said they were looking for coupl:
fellows" in connection with a liquor
robbery at the legation of Ell Salvador
last May. They were unable to agree
as to whether entry was more or less
forced or they were invited in.
The jury's verdict was a reversal OF
a decision handed down by Judge John
P. Mcmahon yesterday. in which he
held l. the police had not violated the
rio Of md
Simon by entering the house without
a warrant. The Judge said the presence
Of peep-holes and barred doors was
sufficient to furnish police with probable
cause to believe the law was being vio-
lated inside, and, therefore, give them
the right to enter
Judge Given ordered Palumbo's &C
quittal Immediately after he had fol-
lowed the precedent set yesterday by
Judge Mcmahon. A motion to strike
out the evidence in the case because
of illegal entry by police submitted by
Attorneys Louis Whitestone and George
Boden was denied by the judge, but
when they made a second request for
a directed verdict for both defendants,
charging insufficient evidence, Judge
Given ordered the jury to declare
Palumba not guilty. The case Of
Baroni was expected to go to the jury
this afternoon.
Testimony Conflicted.
The reason for the release OF Palumbo
was said to be due to conflicting testi-
mony of police. one of whom said
Palumba admitted them. while the
other said that Baroni allowed them
to enter the Ninth street house. On
the witness stand Palumbo denied that
he had anything to do with the alleged
gambling establishment. stating that he
just happened TO be in the place at
the time of the raid.
Police were severely criticized by At
torney Whitestone in his address to the
jury, and he took advantage of the con-
f1ict in their testimony throughout the
case. Yesterday two policemen said
that they could see through a window
into the interior of the raided premises
before they entered. Others declared
that the window was darkened. One
officer said that he opened the door
of the establishment by Dressing but
ton that controlled the electrically
operated door, while several members
of the vice squad had stated that the
portal was open.
why have we any unsolved crimes
the jury, when we have two police
men on the force-men who can see
through closed doors and glass that
is painted black and can look all the
way upstairs and see a man press a
button, when the button is not in
sight?"