Evening star., 1938-08-15
POLITICAL BATTLE
CHARCEDBy HINES
AS TRIAL STARTS
Tammany Leader Insists
He Will Be Cleared in
Lottery Case.
JURY LIST REDUCED
TO 1877 BY EXCUSES
Severance for Martin Weintraub,
Co-defendant, Is Granted at
Dewey's Request.


BACKGROUND
Tnmmany District Leader James
J. Hines is accused by District At
torney Thomas E. DeUey OF part
rerShip NTH the slain Dutch
Schultz in 100000 900 Harlem
numbers racket. "Dirie" Ddpis,
Schultz laWyer, and tWo others
arrested NTH him, wiH testify for
prosecution in spectacular trial.
By the Associated Press.
NEW YORK. Aug. 15.-With the
vigorous assertion, This is political
battle" James j. Hines, Tammany
district leader. went to trial today on
conspiracy charges growing out of
the policy racket.
This is not the first political
battle 1 have been in," said the 6l-
year-old politician as he awaited the
selection of jury from a special panel
of 300 veniremen. Il am going to win
this battle. too. I can't lose.
Il cannot be convicted on the
testimony of bunch of squealers.
have assured by friends of my
innocence I've told them not to
worry. because I'm not worrying"
OF Thomas E. Dewey, the New York
district attorney who brought him to
trial, Hines merely said: He is a
young man with a duty to do"
Hines appeared early in the court
. room of Justice Ferdinand Pecora of
the State Supreme Court He sat and
looked carefully at the faces of the
veniremen.
Laughter Quieted.
Half of the 300 dashed forward
when Justice Pecora said he would
hear Immediately any talesman with
a legal reason for being excused from
jury service.
There was roar of laughter quickly
Quieted by court clerk.
The legal excuses were presented
rapidly, within three-quarters of an
hour only 1877 veniremen remained in
the room, the rest departing, excused.
Mr.. Dewey threaded his way through
IT1e pdCkCu lOoli W lilo PhhSS nv eAA>
counsel table He had been delayed,
he explained by medical treatment
for case of pink eye
Mr.. Dewey and Hines stared at each
other thoughtfully. Neither spoke.
Mr.. Dewey's first action was to ask
for a severance of trial for Martin
Weintraub, one of the eight men
named with Hines in the indictment.
Severance Motion Granted.
Mr.. Dewey explained that to try
weintraub with Hines would unneces-
.xarily prolong the trial. There was
no objection and Justice Pecora grant,
ed the motion. The action left Hines
the only defendant on trial. Three
have pleaded guilty and the others
are missing.
Lloyd Paul Stryker, counsel for
Hines, challenged the constitutionality
of the blue ribbon" panel. The chal-
lenge was disallowed.
Mr.. Dewey, faint smile on his
lips, arose to address the prospective
jurors. With his back to Justice
Pecora. he began an outline of the
States case, touching the high lights
of the conspiracy charges and the op-
Grafton of the policy racket.
His smile broadened occasionally as.
citing the names of the nine men in
the indictment, he listed such aliases
as Ali Baba," "Spasm" and Big Joe"
for the benefit of the jury.
Before this jury. taken from spe-
cial panel chosen for "alertness, intel
llgence and common sense" District
Attorney Thomas E. Dewey will sub
nit his charges that Hines participated
in the control and profits of $780,
100000 policy racket.
The prosecutor will attempt to show,
too, that partnership existed between
Hines and Dutch Schultz, big-time
racketeer who once dominated the
numbers game" in Harlem and most
of Manhattan. Schultz was shot down
In a Jersey tavern in October. 1885.
Staked on the outcome of the trial,
most spectacular semi-political case
here in Is years or more, are two ca
reers-those of both the young prose-
cutor. who has never lost racket case,
and Hines. gray veteran of a rough
and-tumble campaigning era.
Tammany Future at Stake.
Also dependent on the jury's verdict,
to degree, is the future of Tam
many Hall itself, already twice
stunned and tottering from the blows
of the Dewey-La Guardia forces at the
polls.
For Hines it undoubtedly would
mean the loss of a district leadership
that he, "the honest blacksmith" has
held for rs years against all challengers.
1t might mean 25-year prison
sentence, equivalent to life term
for him at the age of 81.
The only other defendants under
arrest. Richard tDixie) Davis,
Schultzs attorney general and heir;
George Weinberg, captain. of the
Schultz strong-arm squad, who was
arrested with Davis in Philadelphia
February 2, and big Harry Schoen-
haus, the only man Schultz trusted
with his money-all have pleaded
guilty and will testify for the State.
Not yet summoned as witnesses are
the two women in Dixie Davis life:
Hope Dare, red-haired actress with
whom he shared an apartment at the
time of his arrest and whom he was
allowed by Dewey detectives to visit
before he turned States evidence and
was paroled, and Mrs Martha Delaney
Davis, the wife he left behind.
Ford Calls "a 900 Back to Work.