Evening star., 1932-08-30
SENATOR J. J. DAVIS
PLEADS NOT GUILTY
Pennsylvania and Code
fendant Arraigned in New
! York on Lottery Charges.
By the Associated Press.

By the Associated Press
NEW YORK, August 30.-United
States Senator James j. Davis of Penn
sylvania pleaded not guilty today to two
indictments charging him with distribu-
tion and sale of lottery tickets and with
conspiracy. Bail was set at $1,000.
A plea of not guilty also was entered
by Theodore G. Miller, co-defendant
with Davis in the two indictments.
Miller is a publicity man and an ex-
ecutive of the Loyal Order of Moose,
of which Davis is the national head.
Bail Also Set at $1,000.
The indictments refer to alleged lot
teries said by Federal investigators to
have been conducted by the fraternal
organization in connection with its
benevolent undertakings for disabled
members and dependents of members.
Millers bail also was set at 81 900.
Senator Davis was indicted by the
Federal grand Jury on August 18 with
six other men and the Western Union
Telegraph Co. All but Davis and Mil
Ter pleaded not guilty before today.
The cases set forth in today's indlct-
ments were put down on the trial
calendar for September 10. Charles H.
Tuttle, former United States attorney,
who appeared with Charles j. Margiot-
ii of Pittsburgh for Senator Davis, told
the court that Gin view Of certain cir
cumstances" he might call upon the
prosecutor with request for an even
earlier trial.
Two ArTaigned Again.
Albert H Ladner, jr member of
the Pennsylvania bar, was presented to
the court by Tuttle as counsel for Mil
Ter. Tuttle moved for the admission
of Ladner and Margiotti to practice in
the United States District Court fo-
the Southern district of New York and
the motion was granted.
Although all the defendants except
Davis and Miller had entered pleas OF
not guilty earlier to most Of the indict-
ments, two we're rearraigned today to
answer the indictments which named
them with Davis and Miller.
They were Bernard C. MCGUIRE of
New York and Aurora, Ill, and Ray
mond Walsh. They pleaded not guilty
again and bail posted on their previous
plea was allowed to cover the latest plea
also.
AS SOUil dS LllC CeSc 1du UCO4 PAoIC0
on the trial calendar Senator Davis left
the Federal Building with his lawyers.
Outside the court room he was asked
If he had anything to say about Gov
Pinchot's request, made after the in
dictments we're handed down, that
Davis withdraw frcm the Senate race
in Pennsylvania.
mo comment" he said.
Attorneys Issue Statement.
Later Tuttle and Margiotti issued the
following statement in his behalf:
N''While we do not wish to discuss the
case in detail at this moment, We dc
say that it can be speedily demon
strated that Senator Davis is entirely
innocent of these charges; that he had
no part in the plan under which the
charity balls were held and that he
neither took nor got penny from the
proceeds thereof
Furthermore, we are Of the clear
opinion that this plan, which in sub
stance has also been used by large
number of the most honorable. frater-
nal, charitable and other societies in
the country, is not violative OF any
Federal statute.
The DISTINGUISHED service of Senator
Davis to the Loyal Order of Moose and
to the country, in the founding and
upbuilding of Mooseheart and in pro-
noting the sense of fraternity among
men, puts his character beyond the
reach of suspicion and is itself refu-
tation of these charges"
Besides Davis, Miller, Mcguire and
Walsh, the inducements also named a.
defendants Conrad H. Mann, Frank E
Herring. M. J. Rivise and the Western
Union Telegraph Co.
Plan New Motions.
Counsel for MCGUIRE and Walsh tolt
the court he desired to have the privi.
1ege on or before September ID, date
fixed for their trial on one Of the Other
indictments, to make suitable motion.
or change their plea.
Tuttle remarked that he assumed tht
same privilege applied to the othe