Evening star., 1932-09-19
Jury TO TRY DAVIS
IN LOTTERY CASE
IS CHOSEN QUICKLY
Less Than Two Hours Re-
quired to Fill Box in New
York Federal Court.
L0NG-DRAWN HEARING
PREDICTED BY JURIST
Pennsylvania Senator Faces Maxi.
mum of 20-Year Term
if Convicted.
BY the Associated Press.

BY the Associated Press.
NEW YORK, September ia jury
was selected in less than two hours to-
day for the trial of United States Sem
ator James j. Davis of Pennsylvania,
who is under indictment for allegedly
connection with the activities of the
Loyal Order Of Moose, which he heads.
The jury was completed and sworn at
11:35 am. Eastern standard time), an
hour and SIS minutes after the opening
of court.
The court next turned its attention
toward obtaining two alternate jurors.
They were sworn three minutes later.
witnesses Excluded.
At the Governments request all wit
nesses were ordered out of the court
room. There then took place discus
sion between the court and attorneys,
the former offering to open court earlier
and stay later than usual each day IN
order to expedite the trial. The attor-
neyS agreed.
Luncheon recess until l pm. EAST
ern standard time) was ordered at this
point The court cautioned the jurors
against outside discussions.
Members of the jury are Herman
Rieb. executive; Rubin Schlager, retired
silk jobber; Nicholas j. Schery. con-
tractor; Benjamin Cohen, wholesale mil
liner; Jack Levy, grocer Christopher J.
Donnelly. artist; Henry j. Moore, photo
engraver; Joseph D. Kane, assistant
credit manager; Andrew j. Blair, clerk;
Gustave Lachmann, retired milliner;
Sidney B. ChildS, investments, and j.
Renton Haney, salesman.
The alternateS: Abe H. Weintraub,
broker. and Charles H. Bowen. clerk.
Senator Davis was indicted with six
other persons a month ago. Last week
he obtained a severance so he might
be tried before the November balloting,
in which he seeks reelection.
AS director general of the Loyal Order
of Moose, Davis is named in two indict-
ments, cne charging conspiracy to cause
the delivery of lottery tickets by express
to members of the New York Lodge of
the Loyal Order of Moose in october
and November, 1881.
The second indictment includes nine
counts charging transportation of lot
terry tickets from Pennsylvania to New
York IN 1881.
Defended By TuttIe.
Davis IVES represented by former
United States Attorney Charles H. Tut
tie. Assisting Tuttle was Charles j.
Margiotti of Pittsburgh and Joseph E.
Davies.
The Governments case was in the
hands Of Louis NJ Treadwell, assistant
fet f1r tt,o
district CT New York.
Conviction on all the counts would
provide maximum possible penalty of
20 years in prison and fines totaling
$4,000
Government Outlines Case.
The afternoon session found the
court room filled to capacity, and there
was long line in the corridor hoping
for admission. Government attorneys
entered laden with documents, data and
law books. Treadwill began his opening
statement Immediately.
He outlined the two indictments in
which Davis is named and told the Jury
they concerned lotteries known as the
1880 Mooseheart charity ball" and the
1881 Mooseheart charity ball"
The charge of conspiracy, Treadwell
tOAt Vic Jhly. OOCou lIlcdIl lIldJ we
will prove these men sat around table
and agreed to violate the law. But we
will show they knew that lottery tickets
were being sent from State to State
We need not show that Senator Davis
knew of each ticket.
I'VE are going to show you that these
lotteries were run with the knowledge
and to the financial benefit of Senator
Davis"
The court expressed belief that the
trial would be protracted. II think the
jurors should be notified to that effect
when they are called" the judge said.
Warns Against Prejudice.
This case involves a man whose
name is known to all of you," he said,
and cautioned the jurors against form
ing opinions from anything adduced
outside of court.
He described Davis as Secretary of
Labor under Presidents Hoover, Cool
idge and Harding, now United States
Senator from Pennsylvania, and director
general of the Loyal Order Of Moose"
Senator Davis, a stocky, gray-haired
man, who came to America as an immi-
grant boy and worked his way up from
an iron puddler, sat in the midst OF
seven attorneys and their assistants and
listened intently while Judge Coleman
reviewed the charges against him.
These alleged lotteries were osten-
sibly, or actually, for benevolent pur-
/