Evening star., 1938-11-18
Worring
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the nature of the protection, what it
consisted off" the justice pressed.
Il don't think we did, Mr.. Swain
answered. The protection in itself
indicated to me what it was
Mr.. Swain described one interview
with Charles rags Warning while
he was confined in the Atlanta
penitentiary for implication in the
OBrien gang shooting, but the wit
ness vas not allowed to specify the
location of this conversation beyond
stating the fact that it occurred in
Atlanta. This was threshed out be-
tween the attorneys and the court
while the jury was excluded. When
the jury returned the witness simply
said, he talked to Rags" in Atlanta
Didn't Know Income.
Mr. Swain said:
Charles made the statement that
he did not know whether we were
income tax people or not, and I
endeavored to convince him that we
were what We represented ourselves
to be. He stated that he didn
have any money at the time this
numbers business was started. I re-
call also that he told me to see his
brother. Emmitt. who was the busi-
ness manager, about the income
Charles didn't give me any idea of
what the income was. and said he
didn't know He could not even give
me an estimate. he said"
Mr.. Swain described an interview
with Leo Warning on May II, 1897,
at the Office of the intelligence unit.
He said Leo denied having put any
money in the business. explaining
that he'd none to put in
Leo Warning Mr.. Swain said,
told me at the time he and his
brother went into the numbers busi-
ness he had been taking some bets
on the horse races. but had lost sev-
eral thousand dollars bookmaking
and had reimbursed himself from
the numbers business
Mr.. Swain said he had understood
from Leo and others that the War;
rings had the reputation of paying
of when they lost money"
The Government introduced evil
dence that the Warnings purchased
a number of automobiles from time
to time. 1t is part of the prosecu-
tion's case to try to show that their
expenditures exceeded their declared
incomes.
Warning Repeats Bribe Claim.
At another point in his testimony
Mr.. Swain said on one occasion
Emmitt Warning told him he didn't
remember having informed Govern
ment men that he was paying pro-
lection. but if he had said that. he
would stick by it, for it was true.
Mr.. Swain said he asked Emmitt if
this protection had been around $4OO
a month in 1885 and Emmitt said
that probably was right. The Fed
eral agent said he asked Warning
If it was double that amount in 1886
and Emmitt said he didn't think it
was that much
Did you go into any details with
him regarding this protection
money!" Justice Laws asked.
The witness said he did not
Did you ask him to whom the
money was paid?" Justice Laws
asked.
Il don't think I did," Mr.. Swain
said.
Did you ask him if he had any
records concerning this protection
money!" Justice Laws pursued.
mo. I didn't"
TT didn't figure in any tax sched-
ule?" the justice inquired.
NO" the agent said, but it did
figure in the income for 1885"
You took the figure of $400 which
he had mentioned?'
Eyes, we did," Mr.. Swain said.
William H. F. Swain, special agent
of the Treasury Departments in
telligence unit, identified photo
stat of certain slips which he said
Emmitt had identified as recording
Withdrawals from the safe by him.
self and his brothers, Leo and
Rags" Whenever they needed
money the agent explained. they
would take it out of the safe and
leave a slip recording who took it
and the amount. One Of the slips
which had been photographed
showed that Emmitt had withdrawn
$1,000 at one time. At this point
Justice Laws asked the witness:
did the defendant tell you
whether this $1,000 or any of the
other sums was for salaries, COM
missions, living expenses or If any
Of it was used for this so-called pro-
tection?"
II don't recall that he explained
what any of the money was used
for" Mr.. Swain said.
Bookkeeping by Slips.
IF it were withdrawn for salaries
or commissions" Justice Laws sug-
gested, ut would be reflected by
q real peace in East Asia nor solve
INN, ndiato issues