Evening star., 1935-05-16
GARNETT TO ASK
Boards ARREST
Prepared to Appeal Cox's
Refusal to Commit Gam.
bier and His Aides.

United States Attorney Leslie c.
the Court of Appeals to order the
arrest of Sam r. Beard, local gambling
leader, who was sentenced yesterday
to serve from two to six years in the
penitentiary.
Twelve of Boards aides, convicted
with him in District Supreme Court
last week of violating the gambling
laws, were given sentences of from
one to three years each by Justice
Joseph w. Cox.
Garnett urged Justice Cox to send
all Of the defendants to Jail pending
determination of their appeal, but
the Judge refused because the appeal
involves substantial questions OF
law"
Justice Cox said the purpose Of the
rule calling for commitment of de-
PENDANTS pending an appeal is to dis
courage frivolous appeals and that
this drastic step should not be taken
where substantial questions have been
raised for review by the higher court.
Wire-Tapping Evidence Hit.
The principal questions up for re-
view are the legality of admitting in
evidence conversations overheard by
tapping telephone wires where the
voices cannot be identified and the
validity of conviction based upon
nothing more than the fact that the
defendants were in a gambling estab-
lishment at the time it was raided.
Garnett said he was not satisfied
to have the defendants at large and
will ask the Court Of Appeals to
modify the ruling of the lower court
on the question Of bond so as to
commit all of the defendants at once.
Beard is at liberty on $4,000 bond,
while bond for the other defendants
has been fixed at 81 500 each.
In passing sentence. Justice Cox re-
fused to 60 into three afidavits from
members of the jury who asserted in
effect they were coerced into voting
guilty after first holding out for a
verdict of acquittal. He also refused
to consider defense charges that the
jury, while on a bus ride during the
trial, saw a newspaper headline stating
local gamblers were betting 10 to l
Beard would be acquitted.
Presumed to Be Intelligent.
Justice Cox said the jurors "are pre-
sumed to be persons of ordinary in
telligence" and that the court would
not presume the mere glimpse of a
newspaper headline would cause them
to violate their oaths to return a
verdict in accordance with the evi-
dence.
One Of the jurors, Mrs. Mildred
Boyer, 3731 Jenifer street, said the
foreman, Charles w. Hauf, asked her
II she was "a plant" on the jury after
she had voted not guilty. She said
she replied: Don't be ridiculous"
Others who filed aff1davits saying
they were influenced by fear of being
considered plants on the jury were
Mrs. Geraldine @. wilmer, 2729 Con-
necticut avenue, and F. J. Kraus, 933
L street.
In refusing to give weight to the
af11davitS, Justice Cox said:
The question is whether the jurors
can now be heard to stultify them
selves and their oaths. I am of the
opinion that public policy forbids the
impeachment by jurors Of their own
verdict. The discussions in the jury
room must be kept secret and invio-
late. Otherwise every verdict would
be thrown open and jurors harassed
and embarrassed"
Light Sentence Asked.
Attorney John j. Sirica, who repre-
sented Beard, asked the court to i'm
pose light sentence, pointing out hts
clients only conviction was for viola
ton Of the income tax laws. He said
Beard In that case offered to pay the
tax in full before the indictment was
returned.
Assistant United States Attorney
Roger Robb, however, called attention
to the fact that Beard actually paid
approximately 100000 in settlement
of the tax claim, and that the evi-
dence during the trial showed the
assessment was based on profits de-
rived from gambling operations.
In imposing sentence, Justice Cox
said the very number of defendants
involved in this case indicates the
danger to society Of dealing leniently
with persons convicted Of violating
the gambling laws.
Two Sentences Consecutive.
Beard was sentenced to serve from
one to three years on each Of the first
two coilntS In tia indictM0nt and