Evening star., 1934-02-25
135 GAMING RAID
WITNESSES TO CO
BEFOREGRANDJURY
Prosecutor Announces Step
in Campaign Against
Gambling Houses.
BONDS FIXED AT $10O;
CASES SET FOR MAR. IS
Defense Attorneys Attack Pro.
cedure of Prosecution-Contin.
uance of Hearing Is Hit.

All the 135 persons arrested as Gov
ernment witnesses In Friday after
moons downtown gaming raids are to
be taken before the grand jury as a
move In the campaign against pro-
fessional gambling houses here, it was
learned yesterday at the District At
torney's office.
Caught when police raided two es-
tablishments at 1407 and 14O9 G
street in midafternoon, those found
IN the two places have had a varied
and difficult experience and apparent
ly the end Is not in sight.
First they were herded into police
stations and held until bond of s1OO
had been arranged for each, in some
cases eight or nine hours later. Next
they were ordered to appear in Police
Court yesterday morning and re-
mained there while attorneys wran-
gled until Assistant United States At
torney David A. Hart obtained a con-
tinuance Of the cases. until March Is.
Grand Jury to See All.
Now, according to the Office of Dis
trict Attorney Leslie C. Garnett, the
entire group will go before the grand
jury to tell what they know in the
cases Of the nine men arrested in the
raids and charged with setting up
gaming tables.
District Commissioners Melvin c.
Hazen and George E. Allen announced
recently they were bent upon a per
sistent and unspectacular" campaign
against professional gambling houses
in the District, and the cooperation
Of the District attorneys Office was
promised them.
Defense attorneys in the G street
cases have attacked the procedure of
Prosecutors Hart and Karl Kindel-
berger as violation of two laws in
the enforcement Of one" Harry
Whelan, lawyer for six of the ac-
cused men. has announced he will
take exception to the arrest of wit
nesses and their arraignment in Po-
lice Court. as well as the continuance
OF the preliminary hearing granted
by Judge Robert E. Mattingly.
Whelan contends that before a wit
ness can be held for bail in a Grim.
inal case the district attorney must
make an application to the judge He
says this rule was not followed in the
current instance.
Holds Affidavit Needed
Furthermore, The attorney states
the District Code provided that THE
Board of Commissioners of the Dis
trict Of Columbia shall provide suit
able accommodations for detention OF
witnesses other than those EN-
ployed for persons charged with
crime" and that some of these par
ticular witnesses were held in cells in
violation of the Code.
He contends also that for either side
to obtain continuance in a case il
is necessary to file an af1davit. If any
has been filed in this case Whelan
says he does not know about it.
Representing the other three de-
PENDANTS is Attorney Charles E. Ford
who also sought an immediate hear
ing for his clients and implied the
continuance would mean elimination
OF a preliminary hearing and presen-
tation of the cases directly to the
grand jury. The cases probably will
have been presented to the grand Jury
before March IS.
Bonds of $4,000 each were set for
the defendants, who gave their names
as Edward j. Goldberg. 81, 1900 block
of Fuller street: William Clark
Byrne, SO, 300 block of F street:
Nicholas M. Hanracks, 1900 block Of
Massachusetts, avenue. all taken In
one establishment, and j. I. Wallach,
80. of Cabin John, Nd; John Pap
afotis, IL, 200 block of Indiana ave-
nue.; Franck Hicks. 90. 400 block of
Third street; Hugh Gallagher, 80;
Robert Forbes, So, and John Wood,
36, the latter three furnishing down.
town hotels as their addresses.
List Of Witnesses Held.
The witnesses held under bond are:
Hugh P. Hinton, John B. Parker
David w. Warthen, Otto Creil, Harold
j. Babin, Frederick P. Renner, Milton
Hoag Stokes, Harley l. Swift, Walter
Allen Bolinger. George Lovett, Joseph
Harvey Hill, William Francis Mahoney,
Continued on Second Page.)