Evening star., 1932-12-04
Three CONVICTED
OF EAGLE LOTTERY
Sentence to Be Passed
i. Thursday--3 Years and
$4,000 Fines Possible.

BY the Associated Press.
NEW YORK, December 3-Conrad
H. Mann, Frank E. Herring and Ber-
nard C. Mcguire were convicted today
on Federal lottery charges. Raymond
Walsh was acquitted. The jury recon-
mended clemency.
The maximum penalty under the law
Is three years in prison and fines of
$4,000. The substantive charge-that
lottery tickets were sent across State
Ene>-carrieS a maximum penaly of
one year and fine of $4,000. The con-
spiracy charge allows a prison term
OF two years and fine of $4,000.
Sentence Thursday.
The court set Thursday at ais for
motions and sentence. Bail was con-
tinued.
The jury returned its verdict after
seven hours of deliberation.
= The Government charged the four
men with violating Federal laws in the
sZcwat.Gc OF charity frolic and
dance" enterprise for the Fraternal Or
der of Eagles.
Mann, president of the Kansas City
Chamber of Commerce, is head of the
bazaar department of the Eagles and
al Embarrassing activities.
Herring is editor of the fraternal or
der's magazine. MCGUIRE is a profess
sional promoter. Walsh, the one de-
fendant to be acquitted, is an assistant
to MCGUIRE.
Both Mann and Herring were visibly
affected by the verdict, but MCGUIRE
took it calmly.
An air of gloom descended upon the
court room as the verdict was an
nounced. r...
Prosecutor Moved.
Even Louis Mead Treadwell, 29-year-
old prosecutor, was moved.
Il guess I'm a rotten prosecutor" he
muttered as he looked in the direction
of the Kansas City business leader,
whose massive iron-gray hair trcmbled
81 don't think can stand what this is
doing to him"
Treadwell had told the jury in his
summation that Il don't want to send
these men to jail-that is not my duty
My duty is only to lay the material
facts before you, and let you decide if
they are guilty, then judge if they
must go to jail"
Max D. Steuer, attorney for MCGUIRE
and Walsh, stepped forward when the
verdict was announced. He did not
speak for some moments and the court
room was appallingly silent When he
did speak it was in a barely audible
voice and it was to offer the usual mo-
tions to set aside the verdict and to stay
judgment. Both of them were denied.
Mann and Herring had five attorneys
at their table. With the court ad-
journed they went from one to the
other, as If they were excited and not
sure which they wanted to talk to.
Finally, Mann asked one Of them about
his bail, If he was permitted to leave.
Mann said before the verdict that he
planned to remain in New York for
several days to attend to business
matters.
He was confident before the jury
came In that the verdict would be in
his favor. ALI during his long wait
for the decision he chatted easily and
gayly with others who loitered in the
court. MCGUIRE was the opposite,
nervous while the Jury was out, but he
took the verdict with more calm.
Drawing Held In Lake Erie.
''In the charity frolic and dance"
each Of ST9 local Eagle aeries con-
Quoted its own dance. The tickets for
these affairs were printed in Scranton,
Pa. and distributed nationally by ex-
press ITOul TuudUelplllh. Iuty en-
titled the holders to participate in q
grand distribution Of $4,000 in cash
prizes.
Subsequently, drawing was held on
q boat in Lake Erie and the prize win
ners determined by the drawing out of
ticket stubs from a barrel This, the
Government charged, constituted lot
terry
Violation Of Federal law. If any was
violated, lay not in the actual alleged
lottery, but in the sending OF the tickets
across State lines. The Government
also charged that the defendants con-
spired to violate the law
Mann's defense was that when he
contracted with MCGUIRE, the latter
said he had a. legal way In which to
distribute the prizes, but did not disclose
to him the particulars of the plan.
Mcclure entered the defense that he
had no intention to conduct a lottery
ard that the manner in which the
prizes were to be awarded was left to
an Eagles Award Committee, which
was yet unnamed at the time of the
negotiations in 1880. It was upon these
negotiations that the Government based
conspiracy charges.