Evening star., 1935-05-04
BEARD DEFENSE
RESTS ABRUPTLY,
TESTIMONY BRIEF
Counsel Requires Only Hour
to Call Half Dozen
Witnesses.
ATTORNEY FOR ACCUSED
INSISTS ON ARGUMENT
Presentation to Jury Will Start
Monday-Panels Locked Up
Over Week End.

Defense counsel for Sam Beard and
II codefendants charged with ccuspir-
acy to violate the gambling laws
sprang a surprise in District Supreme
Court this morning by abruptly rest
ing their case after battling for five
days against what they described as
loose and disconnected government
testimony.
The defense confined its testimony
to half a dozen character witnesses
who took the stand in rapid success
sion this morning and told what they
knew of William Carroll. one OF the
defendants. All said they had been
acquainted with Carroll for years and
were convinced he was honest and
had a good reputation.
Prisoner Sentenced.
The defense next summoned Will
liam A. Garner, now serving nine
months Jail sentence for violating the
gambling laws. Sergt. George c:
Deyoe of the vice squad previously had
testified Garner told him he received
racing information service and passed
on his bets to Beard.
Wren called, however, Garner was
not in the court house. The trial had
convened at 9 o'clock and prisoners
wanted in court ordinarily ale not
brought until 10. Learning Garner
was not available at that time, Chief
Defense Counsel John J. Sirica an
nounced his clients would rest their
case.
Assistant United States Attorney
John Fihelly then announced the
Government was willing to submit the
case without argument in view OF the
fact the jury would necessarily be
locked up over the week end should
the trial not be brought to an early
conclusion.
The II jurors obviously were pleased
by this prospect. They have been
kept together since the trial opened
Monday due to what Justice Joseph
w. Cox described as "the great public
interest and curiosity" in the trial.
Objects to U. S. Offer.
D6lenSc COullSSl ODJCAOCo W SAAS
Government offer to sumbit the case
without argument as being intended
to prejudice the jury in the prosecu-
tion's favor. This was denied by
Fihelly, who explained he felt the
evidence was so clear it needed no
Interpretation to the jury.
When the defense insisted on its
right to argue the case. Justice Cox
ordered the jury locked up over the
week end and began hearing the pc
titions Of counsel with regard to his
instructions to the jury.
The arguments will be started Mon
day morning. Meanwhile, Justice
Cox instructed the bailiffs to make
the jury as comfortable as possible
over the week end. They probably
will be taken on several sightseeing
bus rides about Washington this
afternoon and tomorrow.
The seven men on the jury have
been obliged to sleep in two rooms
due to the lack of hotel accommoda-
tions in Washington. The four wom-
en- members. however, have Jared
somewhat better Two double rooms
were found for them.
Justice Cox apologized to the jury
for the necessity of holding them to-
gether over the week end, but ex-
planned the case was of such i'm
portance he had no other choice.
Defense Takes Hour.
While the Government occupied five
days in presenting score of witnesses
and more than hundred exhibits OF
barricaded doors, alleged racing and
numbers slips and other parapher-
MALTA, the defense took only an hour
this morning to give its case to the
jury.
The character witnesses for William
Carroll included Joe Judge, former
Washington base ball star; Attorney
John j. McInerny, Henry Rodier,
publisher Of local PERIODICAL; James
Corcoran, former Department of JUS
tice agent; John McGregor, restau-
rant executive, and Frank Waters, Of
fetal of a barber supply company.
The warrant under authority Of
which the police broke into the Beard
establishment on the fifth floor Of
the Mather Building October 5
named willie Carroll, alias George
Harwood." All of CAROLS character
witnesses were asked if he ever had
been known by the name of Har-