Evening star., 1935-05-06
BOTH SIDES HURL
CHARGE OFFRAUD
|NTR|AL Of BEARD
Government Says Witnesses
"Fixed"- d"-Defense Claims
Evidence "PIanted."
JURORS SEEM WEARY
FROM Confinement 7
Defense Attorney Accuses Prose
cutor of Taking "Unfair
Advantage"

Charge and counter-charge of wit
ness tampering and evidence-planting
were hurled in the closing arguments
today as the Governments gambling
case against Sam Beard and dozen
co-defendants approached the jury
ut District Supreme Court.
The jurors came before Justice
Joseph w. Cox at am. looking a
little weary after their week-long con-
finement. They were locked up over
the week end. due to what the court
described as wide public interest and
curiosity In the trial"
Charges of witness-tampering were
laid before the jury shortly before
noon by Assistant United States At
torney Roger Robb.
Have you any doubt that some one
had approached the two paper COM
pany employees, who gave ahdavits as
to purchases of gambling forms by
Beard and then became vague when
they got on the stand?" Robb asked.
Sirica Hints Evidence Planted.
Defense Counsel John J. Sirica re-
taliated by implying that some one
had planted" the loaded dice which
the prosecution showed to the jury as
having been taken from safe in
Boards establishment on the fifth floor
Of the Mather Building, 900 block of
q street.
II asked the Government prosecutor
Do demonstrate the dice were crooked
when he first produced them before
the jury" Sirica said. "This was not
done. I don't believe those dice were
crooked, but if they were some one
planted them in that safe"
Sirica declared Assistant United
States Attorney John w. Fihelly took
m unfair advantage when he an
nounced to the jury Saturday the Gov
ernment would waive closing argu-
ments in the interest Of speedy termi-
nation of the trial. Sirica said this was
done with the sole purpose of prejudice
ing the jury, the members of which did
hot look forward to q week end under
confinement with particular pleasure.
Sirica characterized the Govern
ment's case as based on sweeping and
nimsy charges" not supported by. the
evidence.
Wire-tappiny Criticized.
"The prosecution has asked you to
send these 13 men to the penitentiary
on a lot of guesswork," Sirica said.
1.-THE Government is out to get Sam
Beard and railroad him"
Sirica maintained the place raided
by police October was q legitimate
service for discriminating race track
information. He challenged the Gov
ernment's overlapping evidence as
vicious, unfair and dangerous to the
liberties of all citizens"
The defense counsel said there was
no evidence to show who made,
signed or bet on the quantity of
alleged racing slips seized in the
Beard establishment. He said the
Government should have brought
f1ngerprint and handwriting testimony
II it sincerely wished to identify the
slips.
Robb told the jury the Government
had established that Beard operated
q giant gambling syndicate which
transacted an enormous volume of
business and took great profit. Robb
insisted the conspiracy count in the
Indictment was sustained by evidence
linking Beard headquarters" with II
or more branch gambling joints in
operation throughout Washington
October S."
Says Harw0od Lied"
"'Vhy do you think George Harwood,
one Of the men named in the indict-
ment, went to the telephone company
and paid for installation Of 60 tele-
phones?" Robb asked. "He intended
setting up q gambling establishment
and he lied about the nature of the
business, saying he was selling base
ball slot machines"
Robb explained evidence found on a
slip of II telephone numbers as link
agencies, through code numbers later
found on racing slips and overheard
by Federal wire-tappers.
The prosecutor read to the jury from
. number of racing slips. The orders
for these seized slips were telephoned
in while q stenographer listened to the
conversation from room occupied by
police in the Mather Building. Robb
checked the seized slips with the
stenographer's transcript Of the bets.
The indictment charges Beard and
his associates on three counts-setting
up and keeping a gaming table, set
ting up and keeping a place for gam
bling and conspiracy to set up and
keep tables and places for gambling.