Evening star., 1937-11-10
MOTION TO QUASH
NUCKOLS' GAMING
WARRANT DENIED
Chief Defendant Takes
Stand to Testify in Ab-
sence of Jury.
SAYS THERE WERE SIX
PHONES IN APARTMENT
Defense Challenged Warrant on
Grounds of Improper Issu.
ance and Execution.

Justice Jesse c. Adkins this after
noon oyerruled motions made in the
District Court gambling trial of Car
roll Peyton (Nubby) Nuckols and six
OF his alleged associates to quash the
search warrant used in a raid March
10 on 1890 Fourteenth street NV.
where the defendants are alleged to
have maintained a bookmaking estab-
lishment.
Consideration of the motion to quash
the warrant and a motion to suppress
evidence seized in the place required
all of yesterday afternoon and this
morning
Had the motions been granted the
Government would have been greatly
hampered in its prosecution of 80
other gambling indictments, as well
as the Nuckols case.
NuckoIs Takes Stand.
Nuckols took the stand this norninc
and testified, in the absence of the
jury, that he had been a gambler prior
TO going into the slot machine busi-
ness, which, he said, he was engaged in
dI Jile Time OF the raid.
He was put on the stand by the de-
tense to claim ownership of a black
jack slot machine seized by the raiders
so as to form basis for the motion to
prevent introduction of the device as
evidence.
Under further cross-examination by
Assistant United States Attorney Sam
uel F. Beach, Nuckols said there were
SIX telephones in his apartment in the
1900 block of Sixteenth street NV.
when 1t also was raided March 10. He
testified four Of the telephones be-
longed to man whose name he could
not remember, and one was In his own
name.
Did Not Know Owner.
Whom did the other one belong
to?" inquired Mr.. Beach.
Nuckols then said he did not know
whether there was a sixth telephone
or how many telephones were in til
apartment. He had testified he lived
there.
The motions to quash the warrant
and suppress the evidence were based
on the three-fold contention that the
warrant was improperly issued, that
there was no probable cause for its
issuance and that it was improperly
executed.
Immediately after the motions were
overruled, the trial adjourned until
1880 pm, when the jury was to be
brought in and hearing of the case
resumed.
Federal Charge Disputed.
Defense Attorneys Harry T. Whelan.
William B. O'Connell and William A.
Gallagher contended the warrant
should be quashed and the evidence
seized in the raid suppressed, since the
warrant was issued under the Federal
Espionage Act. They argued that the
act could be invoked only in offenses
purely Federal in character.
Besides Nuckols, the defendants are
Robert A. Murray, Moe Morganstein,
Anthony T. Costello, Lawrence F.
Plsani, Harry C. Adams and George
w. Godfrey. Murray testified late
yesterday, also in the absence of the
jury, that he rented the Fourteenth
street establishment and ran a gam
bling place there.
Police Officers Testify.
Only two witnesses have testified in
the presence of the jury since the trial
began Monday afternoon. They were
Calvin M. Green, rookie policeman.
who said he entered the Fourteenth
street establishment three times and
made bets, and Inspector William E.
Holmes, who led the raid.
Inspector Holmes had just taken the
stand and told of receiving the search
warrant when the papers validit;
was challenged.