Evening star., 1933-10-11
MOOSE LOTTERY
TRIAL NEARS END
Davis and Miller Defense
Rests as Counsel Sum
Up Case.

BY the Associated Press.
NEW YORK. October 11-Trial of
United States Senator James j. Davis
on Federal lottery charges neared its
end today.
Davis. who did not take the stand
rested his defense shortly after the
opening of court and the Government
quickly disposed of rebuttal with tes-
timony from a Government accountant
who said that Davis profited to the
extent of S352,271 from an organiza-
tion contract with the Loyal Order OF
Moose over period of 10la years, 1922
to July 81. 1882.
On trial with Davis is Theodore G
Miller, head of Moose propagation
Both are charged with sending lottery
tickets across State lines in 1881 in
connection with Moose fund-raising
enterprise known as the "Mooseheart
Charity Bali"
Sur1naAHous Limited.
After conference at the bench. the
court decided to limit summation to six
hours-two for Miller, two for Davis
and two for the prosecution.
George Mintzer. attorney for Miller
reminded the jury that the defendants
are not charged with the operation OF
a lottery.
1T is common knowledge" he said
that various governments operate lot
teries."
Treadwell objected. accusing Mint
ger of going outside the record. The
court allowed Mintzer to continue, and
then he asked:
who drew out the tickets for this
thing?" and answered himself
49, n
dictator of Moose. welfare commissioner
of Illinois, member of the Illinois
Governors cabinet"
He reminded the jury that the United
States Government selected soldiers by
lot or chance" and went on to minimize
the stigma attached to the word lot
terry"
The attorney pointed out that not
one of the witnesses who gave evidence
of the actual shipment Of tickets men,
toned Miller or knew Miller.
Il am sure that you are not going to
send Miller to jail" he told the jury
Il am sure you are not going to put
a chain of criminality around his neck
fer life" With that he closed.
TuttIe Opens for Davis.
Charles H. Tuttle. former United
States attorney for the Southern dis
trict of New York, opened the sunlma-
tion for Davis.
This charge does not involve moral
turpitude," he said. 1T comes obliquely
because of the fortuitous chance that
Bernard C. MCGUIRE did not have his
tickets printed in New York. but that
he had them printed in Pennsylvania
and sent to him in New York.
IF they had been printed in New
York 13 of the counts in the indictment
would be thrown out"
He characterized the prosecution as
"remarka BILE" because its concern over
the alleged lotteries was not supported
by either Illinois or New York (where
drawings were held.
MCGUIRE, mentioned by Tuttle is a
professional promoter who pleaded
guilty to the charges. He was previously
convicted in lottery prosecution in
volving the Fraternal Order Of Eagles.
Tuttle assailed the testimony of Frank
Clay Cross, who had said he saw Davis
in the printery of Mooseheart five min
uteS before drawing for prizes was
held there.
He was a man who sold an article
against Davis to his political enemies
for 80 pieces Of silver" he said.
suspicion and surmise," he continued
1T is contrary to our whole system Of
justice to convict a man on anything
but direct evidence. There is none
here.
Let me call this to your attention
There are IA counts here. I suppose
the Government felt it had to have a
machine gun to NOW this man down
Not a soul has been brought here,
repeat, not soul. to say that 2vis
knew that these tickets were being sent
in or taken from the channels of in
terstate commerce.
Hits Conspiracy Count.
Then the fourteenth count, the con-
spiracy count. the one a district attor-
ney loves because of its indeflniteness-
l can say that because I've been one
Is there a particle of evidence that
Davis had anything to do with Bernard
c. Mcclure? They seek conviction
of James j. Davis on a MCGUIRE in
dictment."
Tuttle called Mooseheart, lone of the
finest charities in the history of the
world" He grew angry when Tread
well challenged one of his statements.
The court ruled that the district at
torney had the right to call attention
to any miSstatement.
You will recall" Tuttle went on to
the jury, that the Moose general laws
forbid lotteries and that it is not the
duty of the Director General Davis to
enforce those laws, but it Is the duty
of the supreme dictator
His argument was interrupted for the
luncheon recess.