Evening star., 1935-05-03
BEARD WITNESSES
OF us. .|MPEACHED;
CASE NEARS END
Government "Surprised" as
Two Are Unable to Re-
call Stories.
"SALES" TO ALLEGED
GAMBLERS INVOLVED
More Than 100 Exhibits Offered
in Court-Clashes of Counsel
Mark Day.

peach two of its own witnesses this
afternoon while preparing to rest its
gambling case against Sam Beard and
II associates after offering more than
100 exhibits and score of witnesses
since Monday in the bitterly con-
tested trial.
The inability of a salesman and a
delivery boy for paper company to
recall from the witness stand certain
details of sales to Beard previously
sworn to prompted Assistant United
States Attorney Roger Robb to plead
surprise" and demand the right to
cross-examine the pair. They were
William L. Roberts and Woodrow
Bishop.
Roberts had signed an affidavit say
ing he sold scratch pads of size not
carried in stock and a case of adding
machine rolls to Beard about three
years ago.
On the stand today, however, he
said he was uncertain who had or
dered the paper over the telephone.
STOSS-SXdIllllcu INObb, AlC odAA AAS
was confused" and first expressed
doubt that he had signed the affidavit.
He amended this statement later by
saving he believed he had signed
the paper.
Delivery Boys Story.
The delivery boy said in his affidavit,
given in the district attorneys office,
that he made deliveries on several oc-
casions to a man he later identified as
Fred H. Heck. one of the defendants.
Testifying, Bishop recalled only two
deliveries. The Government con-
tended that the pads were of pc
culiar size used in gambling estab-
lishmentS.
Sharp clashes between defense and
prosecuting counsel marked the fifth
dav of the hearing before Justice JOS
eph W. Cox in District Supreme Court.
The tilts centered about the adnnissi-
bility of evidence as to gambling raids
conducted against what the Govern
ment charges were Boards branch
joints"
Attorney John j. Sirica cross
OClSL- NCOl ~ DCyoC Va
the vice squad in an effort to show
through police charges and grand jury
action that the places raided were not
in possession OF or being operated by
any of the 13 defendants.
The Government contends Beard
and his associates operated a gam
bling syndicate from the Mather
Building with II or more branch
gambling joints" scattered throughout
the city. The prosecution says all
these places closed within a few weeks
after Beard and the others were ar
rested. october S.
II Branches Claimed.
Assistant United States Attorneys
John w. Fihelly and Robb are
seeking to prove to the jury that a
slip containing II telephone numbers
seized in Boards place links that
establishment with the II alleged
agencies in which the telephones were
located.
The testimony of Deyoe and Will
liam McEwen, another member of the
vice squad, dealt with raids on al
legged branch" places in the 14OO
block Of L street, 900 block of Penn
sylvania avenue, TOO block of Thir-
teenth street, 700 block of Ninth
street and TOO block of Fifth street.
Large numbers of heavy bolted
doors, at least one 15-foot black
board for posting racing results and
quantities of racing slips and other
paraphernalia were carried in and
out for the jury to examine.
One of the doors was so bulky that
It could not be conveniently trundled
into the court room. Since the ex-
hibit could not be brought to the
Jurors the jurors were taken to the
exhibit in a court house ante room.
Questions Ruled Out.
Sirica sought to bring out in his
cross-examination of Deyoe and
McEwen that the police arrested and
charged persons other than the de-
PENDANTS with operating the gambling
places, and also that the grand jury
had ignored most of the cases. Gov
ernment counsels objection to this
line of questioning was sustained by
Justice Cox who told defense counsel:
you should bring witnesses before
the court to show the defendants have
no connection with these places, not
try to show this by what some police
officer thought or by what some grand
jury did"
Sirica contended that since the au-
thorities themselves charged other
persons with operating the places
they should have named these others
In the alleged conspiracy and not the
defendants. Sirica brought in a sur
prise witness" while Deyoe was on
the stand.
Deyoe had testified that william A.
Garner, now serving nine months in
the District Jail on gambling charge
had told him he was getting his rae
ing information service and passing
on his bets to Sam Beard. Deyoe
said Garner told him this in a gam
bling place Garner then operated in
the TOO block of Fifth street.
Bring Garner in," Sirica said to an
attendant. The prisoner, who had
been brought from the District Jail,
was ushered before the witness stand
by a court attache.
rs this the man you said worked
for Beard?" Sirica asked Deyoe..
That's the man who said he gave
his bets to Beard" replied the vice
squad sergeant.
Much of yesterdays testimony was
occupied with cross examination OF
Lieut.. George M. Little, veteran chief
of the vice squad, concerning the
legality of the warrant by authority
Of which the police entered the Ma
tional Amusement Co. offices and
arrested the 13 men October S.
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