Evening star., 1938-12-06
Warning Case
Retria| SET for
January23
Jury Discharged
After Long
Deadlock
BY CARTER BROOKE JONES.

SdoC WILL NC IIlcU again, PROBABLY
January %, United States Attorney
David A. Pine announced today.
The jury Of II men and woman
finally was discharged by Justice
Bolitha j. Laws shortly after 10.
o'clock last night.
The jurors refused afterward to
discuss how they stood.
They took the case at 11:58 am.
Friday and remained in the jury
room on the third floor of the new
Police Court Building-the tempo
rary court of Justice Bolitha J.
Laws-except for time out for meals
and sleep. They actually spent
close to SO hours in the jury room
Mrs. Marjorie D. Howard and the
IL men were called into court twice
yesterday, the first time by Justice
Laws to probe their state of mind
and the second time at their own
request to hear again the entire
charge of the court, which took so
minutes.
Jury Hopelessly Split.
The foreman, A. Malcolm Duvall.
a ASoA COOoOC lCpOl OCO ldOI
night that the jury was hopelessly
split on the guilt or innocence o.
all the defendants. They had not
been able to agree on whether En-
mitt, Leo and Charles Rags) War
ring or their tax adviser. Gordon L.
r. Sadur, conspired to defraud the
Government of income taxes from
the numbers game
Even though the court had in
voked the rarely used power of ?
Federal judge to admonish til"
minority of jury to make every
reasonable effort to reconcile their
views with those of their colleague.
the weary jurors had not yielded
from their positions when they
were called into court last night. A
remark by member of the panel
as they left the building indicated
that more than 400 ballots were
taken in the three and half days
of deliberation, but nothing was
said directly by any juror about
how the deliberat tions had pro-
gressed. There was an understand
All6 I1lot lIlC NdS
seven for conviction and five for
acquittal, but this was not confirme,i
by the jurors, who were requested
by attaches of the United States
marshals Office not to discuss thc
proceedings.
The scene in Justice Laws court
room last night was in marked COL
| fro cf RI tho crouSo5 horchoc u,r,ic
have attended every session of til
three week trial. Justice Laws as
cended the bench in his judicia!
robes at 10 o'clock. Awaiting him
were the prosecutors, United States
Attorney Pine and his assistant.
John j. Wilson. At the defense
table were Leo Rover. former United
States attorney. who defended Mr.
Sadur; Harry T. Whelan and Will
liam B. OConnell, who we're counsel
for the Warning brothers.
Score Of Spectators.
Mr.. Sadur sat with the lawyers
The Warning brothers took places
behind them. Among the score o.
spectators were Mrs. Sadur, who sa,
between her sons, Marvin, IL, and
Hillard, 16, and friends and relative,
of the Warnings.
AS soon as Justice Laws had taken
his place the jury was brought in
Il assume you still are deadlocked,
the court said
"Yes, your honor. we are" M
Duvall promptly responded. He W;
on his feet before Justice Laws he
finished speaking.
"As to all the defendants?" t,
court continued. The jury forem
glanced at his colleagues before
replied:
Yes, your honor, as to ALL"
Then cannot see that any pu
pose will be served" Justice La,
said, "by requiring you to contin;
your deliberations further. t.
jury will be discharged forthwith
Mr.. Pine addressed the court
the jury retired.
May it please the court, In vie
of the great public interest of tn
cause, I respectfully move it be s,
down for retrial as soon after tt
first of the year-after the ne
jury has been sworn-as may
possible"
Rover Makes Request.
DO you plan to bring this retr
before me?" the court inquired.
"Yes, your honor"
Then should like to hear fri
the counsel from the defense"
Mr.. Rover asked that the new tri
be set not earlier than the first pa:
Of February.
well, I am not inclined to be
oppressive about setting a new trial
date" Justice Laws commented after
asking a few questions as to what
dates were clear on the lawyers
calendars, so shall set this matter
down tentatively for January %.
Should this date prove not to be
convenient one then I shall hear
you on the subject of delay, which
wish you to present as a formal
motion for continuance
Justice Laws then rose, signify
ing that the hearing was adjourned.
Mrs. Sadur, who has attended court
daily and has appeared to feel
acutely the strain of the long wait
for the jury's decision, uttered low
scream as she heard the new trial
date set and collapsed in her seat
in faint. Mr.. Sadur rushed through
his fellow defendants and counsel to
take her in his arms.
The Sadur boys assisted in trying
to revive their mother. the elder
tanning her with his handkerchief.
A United States deputy marshal who
had been attending the jury brought
glass of water. BY the time the
courtroom was cleared Mrs. Sadur
was able to stand. Mr.. Rover tried
to comfort her, urging her to have
courage. Keep your chin up."
Dr. Martin ~ (nonk