Evening star., 1935-05-05
BEARD PROMISES
TO END CASE WITH
HOURS TESTIMONY
U. S. Offers to Omit Argu.
ment as Move to Speed
Trial.
JURY IS PLEASED BY
PROSPECT OF CLOSING
Panel, Held Together fol. Week
End, Returns to Court
Tomorrow.

double surprise was sprung yester-
day on the four women and seven men
jurors who are locked up over the
week end in the Governments case
against Sam Beard and - associates
on charges of conspiracy to violate
the gambling laws.
The jury Of II, who for five days
had listened to the prosecution offer
bitter opposition of the defense, was
informed suddenly that the defense
would rest after putting six character
witnesses on the stand in less than
an hour Of testimony.
This unexpected move was followed
Immediately by an offer from Assist
ant United States Attorney John w.
Fihelly to submit the Governments
case without argument. The prospect
OF an early conclusion obviously
pleased the jury, which had been held
together since the trial opened Mon
day morning.
Defense counsel, however, insisted
on its right to argue the case The
attorneys for Beard and his code
PENDANTS charged that Fihelly was at
tempting to gain favor with the ju,H
by holding out the promise of an early
end to the protracted hearing.
Justice Joseph w. Cox granted the
request of defense counsel for argu-
ments and ordered the jury he'd over
for return to court at o'clock to-
morrow morning. The justice apollo
gized for the necessity Of holding the
jury together and explained that the
case was Of grave import.
Bets on Outcome.
While the jury was under guard of
man and woman marshsals in the Con-
tinental Hotel last night, Fihelly said
he had heard reports that Ninth
street gamblers were betting 10 to /
that Beard would be acquitted as q
result of an investigation" of pros
pective jurors by members of the gam.
bling fraternity.
Fihelly explained he had been in
formed of a meeting of washington's
'big-shot" gamblers called shortly
before the trial to organize a private
investigation as to the background Of
the jurors who might be summoned
In the Beard trial Information re-
ceived by the Government counsel was
to the effect that 'one or two men,
bers" Of the jury were favorable to
the defendants.
Fihelly said the matter had not
been reported to the court because his
information was only "hearsay" and
unsupported by facts which might
Justify official action
Upon leaving the court room yes
terday. Beard talked to reporters
through his attorney, John ]. Sirica,
and charged the Government was
using unfair tactics when it offered
allegedly crooked dice in evidence
against him.
"Safe Buyer Sought"
'The prosecuting attorneys know
who bought the $4,000 safe from
which the dice supposedly were
TAKEN" Beard said, "and they now
have investigators looking for the
man."
Il told the police who came into
the offices of the National Amuse-
ment Co. on October that ! did
not know the combination to the safe
and that it did not belong to me-
This unofficial statement of Boards
was corroborated on the stand by
Lieut.. George Little of the vice squad.
who testified he asked Beard if he
could give the combination to the saa
and that Beard replied it was un
known to him.
IF the dice which the Governmers
lfered are crooked" Beard said, ''thff
were planted I know nothing Il
crooked dice, or of any Of the con
tents of the safe"
Justice Cox yesterday overruled q,
motion Of Sirica's to strike from evil
dence all testimony bearing on con-
tents of the safe. Assistant United
States Attorney Roger Robb explained
to the court he had opened the safe
on his belief that a~felony a had been
committed and because no one had
come forward to claim ownership of
the strong box.
The Government. contends it has
proved that Beard was the proprietor
of a gambling syndicate having
branch agencies in at least II places
at the time the Is defendants were
arrested October In a fifth floor
suite of the Mather Building, 900
block of G street.
Branch Joints" Claimed.
In support Of this, they have Of
fered in testimony a list of II tele-
phones traced to the alleged branch
joints" and marked with code num-
bers. The prosecution contends that
the code numbers appeared on rae
ing slips made out in the Beard
place and also were given by opera
tives whose bets telephoned TO the
main office were overheard BY Gov
ernment wire tappers.
Three hours were occupied yester.
day morning In arguing defense mo-
tons as to the judges instruction to
the jury.
The jury Of II, which lost a mem
Der through illness early in the trial.
was taken for a bus ride yesterday
afternoon through Rock Greek Park
and to points Of interest about Wash.
ington. The jury will 90 on another
sightseeing trip today.
The dearth Of hotel accommodations
at first obliged the men on the Jury
to sleep three and four in a room.
The four women were confined to
TWO double rooms under charge of q
woman deputy marshal. Additional
rooms were available last night, how