Evening star., 1938-11-15
Prospective Jurors
Who Read Story Of
Warning Trial Excused
Justice Laws Makes Rule
Without Questioning
13 Of Panel Affected
By CARTER BROOKE JONES.

In an unusual ruling. Justice Bo-
litha j. Laws in District Court to-
day excluded l3 prospective jurors
from consideration of the Warning
income tax conspiracy tax merely
because they said they read an ad-
vance story of the trial in a morn
ing newspaper yesterday.
The l3 we're not questioned indi-
vidually concerning whether the ar
ticle had prejudiced them or whether
they could discard whatever impress
sion it gave them After a confer
ence with counsel on both sides in
front Of the bench. Justice Laws an
nounced that these jurors were ex-
cused.
This decision followed general
questions put to the whole Jury
panel regarding newspaper stories.
The morning newspaper story was
singled out for a special question,
and l3 stood when the venire was
asked II any Of its members had
read this account of the forthcom-
ing trial.
The court held, as a matter of
law. that the story in question was
so preJudicial no juror who read it
could properly serve. He made no
such ruling in regard to any other
newspaper story.
Ruling Held Unprecedented.
Some attorneys who were Spec
tators at the trial said the ruling
was unprecedented so far as they
knew.
Many of the other jurors said they
had read advance stories of the trial
IN other papers, but none was ex-
cused unless he or she expressed a
specific prejudice which would pre-
vent a fair trial.
Selection of a jury proceeded
Slowly, with none called into the
oox at the noon recess. Three Jurors
were challenged for cause by the
defense and excused when they said
they had fixed prejudices against
gambling in any form. One juror
said he felt so strongly on the sub
Ject that gambler would have to
prove himself innocent.
In questioning, as a whole, a Jury
panel from the three criminal
courts, Assistant United States At
torney John j. Wilson asked them
II they knew Sam Beard, one-time
Washington gambling car. who is
serving a term in the Atlanta Pen
!tentlary for bOokmaking: Jew
boy Dietz. and Micky Mcdonald,
identified with local gambling oper-
atlons, and Jimmy LaFontaine, re-
puted Prince Georges County gam
bling king.
Several jurors said they knew
Dietz. They were allowed to stay
on the panel for the time being.
One knew Sam Beard.
Are you acquainted with any one
now in the numbers business?" the
prosecutor asked.
Only one juror said he was. He
added, in response to further ques-
ton, that this would not influence
him in the present case.
Free of Tax Controversies.
No juror recalled having had any
serious controversy with the Gov-
ernment over income taxes.
The three Warings-Emmitt r.,
Leo Paul and Charles Richard
Rags)-came into court neatly
dressed, each in a brown suit of a
different shade. They were required
to rise for purposes of possible
Identification by jurors, as were the
other two defendants, Gordon L. r.
Sadur and Henry L. Sherr, tax ac-
countants. Directing the strategy of
the Government was United States
Attorney David A. Pine. Grouped
around the defendants was a bat
terry of prominent attorneys for the
defense Harry T. Whelan and Will
liam B. O'Connell appearing for the
Warnings; Leo A. Rover, a former
United States attorney, representing
Sadur, and Irwin Goldstein, a for