Evening star., 1936-02-24
IGNORING CAUTION
.OF PROSECUTION,
AGENT TEST|F|ES
U. S. Contends Evidence Will
Link Fl to Big Liquor
Ring.
1000 CALLS RECORDED;
ID VOICES IDENTIFIED
Talks Mostly Concerned Orders
for Moon" and Country"
Jury Is Told.

1SlloIuIS CdutlOu Dy the JuQSe
that he might refuse to testify and
disregarding a warning by defense
attorneys that his testimony might
cause his prosecution for violation of
Federal statute, Willard P. Lance,
alcohol tax unit investigator, began a
recitation this morning of the hum
dreds of tapped" telephone conver-
sations which the Government con-
tends will link 81 alleged bootleggers
on trial in District Supreme Court
with huge illicit liquor ring.
Attorneys William H. Collins and
Harry T. Whelan contended the COM
munications act of 1884 makes it a
criminal offense to divulge interstate
telephone conversations. and that this
provision would apply to Lances
testimony.
Lance was expected to tell of long
| distance conversations between Ar
thur Bartolozzi of Trenton, N. j., who
allegedly furnished some 5000 gallons
of alcohol week to Washington. and
members of the local distributing or.
ganization.
Evidence Held Admissible.
The matter of whether such CONVEX
sations are admissible was threshed
out in court last week with Justice F.
Dickinson Let's ruling that they might
be related to the jury. The prose-
cutors, Assistant United States Attor-
ney Henry A. SchWeinhaut and How
ard Boyd, maintained there was no
violation of the Federal statute.
In arguing that the testimony should
be admitted. Schweinhaut relied on
the United States Supreme Court de-
! cision in the Olmstead case. This de-
cision was to the effect that evidence
obtained by tapping the phone trespass
on his property. did not constitute an
illegal search and was admissible
| against him.
Soon after Lance took the witness
stand this morning Collins interrupted
to ask if he was familiar with the COM
read it.
Have you been advised that to di-
vulge such conversations is a criminal
offense?" inquired the attorney.
Il have" Lance responded.
"Yet you are ready to testify?"
II am"
Jury Given Instruction.
At the request of Schweinhaut.
Justice Let's instructed the jury that
the question of whether Lance's tes-
timony was in violation of the COM
munications act was for the court to
decide and not to be considered by the
jury in the present case.
At that point Whelan took up the
cross
Have you been assured that you
won't be prosecuted if you go on with
your testimony" he asked. The wit
ness replied in the negative.
Because you are Federal agent
do you feel you won't be prosecuted?"
Whelan continued.
Considerable debate ensued as to
whether the witness would have to
answer the question. with Justice Let's
| finally ruling it was proper.
These conversations here" said
Lance, tapping thick bundle of yel-
low pads on which he had recorded
more than 1000 telephone calls. ARE
facts, and am here to testify con-
corning them"
Testifies to Calls.
Collins asked the court to instruct
the witness he might refuse to testify
on the ground his testimony might in
criminate him.
You have indicated you know the
conents of the statute" said Justice
Let's to Lance. complying with Col
Inns request. 1T is your privilege.
if you believe you will incriminate
| yourself, to announce that fact to the
court"
Lance made no reply.
Lance testified he listened to in
coming and outgoing calls for Potomac
1880 from July 26, 1884, through Sep
tember % of that year.
The Government previously had in
troduced evidence that this was the
number of the telephone which con-
nected with legitimate liquor store
at 1850 U street The telephone it.
| self was installed at 1910 U street
| and was so listed, witnesses had testi-
fed, but wire run over roofs auto
matically shunted all calls to the
liquor store.
IA Voices Identified.
Lance said he became familiar with
ii different voices during the period
he listened almost constantly over the
tapped wire. These voices he identi.
fled by the names Monty, Smitty. Sam,
Teddy, Johnnie, Cornelius, Gilstrap,
Sis, Julia. Carroll. Bifty, Arthur, Black
and Pegleg or Peg.
He said he heard 13 other names
used but could not identify the cor
responding voices. They were Long,
necker, Henry the Pimp, Earl Funk,
Charlie Richardson. Frank Guy, Clar-
ence Ross, Fishboy. Dorsey, German.
Swami, Abe, Goldie and Peewee.
The voices of Charlie Richardson
and Earl Funk were similar. Lance
said, adding that they seemed to give
the name of the other sometimes to
confuse the listener He said the
voice corresponding to the name
Arthur had decidedly foreign accent
and was easy to distinguish from all
the others.
After cross-examination by Whelan.
Lance admitted he could not identify
all the voices he once knew at the
present time.
Various conversations, mostly con-
cerned with orders of moon" as low
grade alcohol was called, and "coun.
try" the named used for corn whisky.
were related to the jury.