Evening star., 1932-10-03
M|STR|AL IN DAVIS
CASE DECLARED ON
JUROR MISCONDUCT
Member Shown to Have Com
municated With Defense
Counsel During Recess.
ACCUSED MAN PAR0LED
PENDING EARLY HEARING
Alternate in Lottery Trial Exon
Grated of Charges of In
fuencing Opinion.
By the Associated Press.

By the Associated Press
NEW YORK, October 3-The lottery
trial OF Senator James j. Davis was
ended abruptly today. Judge Frank ].
Coleman declaring a mistrial because
one OF the jurors was shown to have
reported alleged misconduct Of another
juror to defense counsel during the
week end.
Charles ]. Margiotti Of defense
counsel told the court that juror num-
Der Z, Henry j. Moore, reported to him
that alternate number l3 Abe H. Wein-
traub, had been telling the other Jurors
during the trial that defense witnesses
were lying
Judge Coleman held a formal inves-
tigation, as a result of which he COM
pletely exonerated Weintraub and Sc
verely reprlmanded Moore. Moore was
paroled in his own custody until TO-
morrow morning
Accused of Holding Lottery.
Senator Davis was charged with vi
lation of Federal lottery laws in the
conduct of charity balls b. the LOYAL
Order OF Moose, of which he is director
general
Va l4lC Was
made as Judge Coleman opened court
Tor what would have been the third
week OF the trial
Ihe court commended Margiotti and
also lauded Senator Davis for partici-
patlng In the action of his counsel in
reporting the incident.
Marglotti, Charles H Tuttle and Jo-
seph E. Davies, counsel for the defense,
gave out this statement:
We are deeply disappointed that in
the concluding hours OF this case events
SO developed as to bring about a mis-
trial
In our judgment there is no doubt
but what the evidence clearly estab-
hshed Overwhelmingly the innocence of
the accused. and that in a few DAYS
the case would have resulted in a
verdict OF complete exoneration and
acquittal.'
Davis Has Bitter Regret"
Senator Davis issued the following
statement:
7 have the bittcrest regret that the
case has resulted in a mistrial as I
was absolutely positive that the con-
ciusion OF the trial would have COM
pletely exonerated me in the next few
days
My regret is the keenest because l
had looked forward to taking the wit
ness stand and demonstrating that /
mad no part in the alleged lottery and
prof1ted in no way therefrom
I want to take this occasion to thank
my many friends in Pennsylvania who.
after the indictment and throughout
the trial. have expressed confidence in
me. ] am certain their trust will con-
tinue. ! shall press my candidacy for
the United States Senate as vigorously
as possible in the remaining days Of the
campaign"
Expect to Defer Retrial.
1t was learned the case would be
placed on the calendar for call next
Monday.
Defense counsel while making no
dennite statement relative to q new
trial, indicated they would seek to
put 1t over until after the November
election. since, they figured. it would
De impossible for Davis to obtain pos
slole vlndlcation in time for him to
make campaign for reelection to the
Senate
Juror Moore stood in a dark corner
OF the hallway leading to the courts
chambers for some time after adjourn
ment OF the hearing. Attorneys for
ooth the Government and defense
1othCu Will Illll privately.
i,don lutte promised TO plead with the
word IN chambers as the Judge pre-
pared to leave. Louis M. Treadwell.
the Federal prosecutor. obviously was
disappointed in the outcome, though
he would say nothing.
Margiotti testified he received a tele-
phone call at his hotel Friday night,
man who said he was brother knight"
said he wanted to tell him something
about juror.
Accused Fellow Juror.
The man came to his room. and Mar
glotti saw that he was Moore. a photo
engraver. He told him, Margiotti said
that juror No. IA is putting in against
your case"
Later it developed that the second
Juror concerned was not No. IA but
No. 49,
Every day in the corridor" Margiotti
quoted the juror as saying, he tells the
others that all your witnesses are lying"
Margiotti said Moore had been drink
ing
This is the first time in my life any
thing like this happened to me-" said
Margiotti. land 1 didn't know what
to do"
He said the juror didn't attempt to
discuss the merits of the case
Moore told Margiotti he found his
hotel residence (the Pennsylvania
through Margiottis brother -in-law. The
attorney said he asked his brother-in-
law about it and learned the latter did
not know he had been talking to a
juror.
Margiotti said ne called Judge colf-
man Immediately but was unable to see
him until $50 Saturday evening at
Larchmont
The attorneys brother-in-law. DR. w
j. Gatti OF Punxsutawney Pa. testified
that after adjournment Friday at Q
pm, he left the court house to do some
shopping. In the subway. he said, he
met Moore but did not recognize him.
Moore shook hands with him. he said,
because he wore the same sort Of Lodge
pin.
Asked About Residence.
HE asked me-" said DR.. Gatti, What
are you doing here?' I told him was
here with my brother-in-law for the
Davis trial"
He asked me If my brother in law
was Charles Margiotti and he asked me
where he was staying"
Moore declined at first to take the
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