Evening star., 1938-12-05
Warning
Continued From First Page.)

jurors desired any further instruc-
tions from him.
No, your honor" the foreman
said, Il don't believe there is any
point of law involved"
Justice Laws added: I'm sure all
of you members of the jury will ap-
preciate that you have been kept on
this case since Friday because of the
Importance to all parties concerned,
as we'll as to the public. Sometimes
II persons cannot reconcile their
minds. Yet, it is their duty to do
so If it is at all possible without
sacrifice of conscience"
Justice Laws then cited the Allen
case.
The jurors spent Sunday, from $50
am until 1890 pm. in jury room
on the third floor of the new Police
Court Building. They left their
apparently hopeless task only for
meals. They went to a nearby hotel
for their third night and were
brought back to court this morning
Jury Call Expected Today.
The lone woman on the jury, Mrs.
Marjorie D. Howard, who is en-
ployed as secretary, smiled brightly
at deputy marShalS when she and
her fellow arbiters completed their
futile Sabbath discussion of the case.
The others also appeared in good
humor, despite the sharp differences
that must have split them.
Justice Laws came to his cham
bers for a short time yesterday
morning and left word where he
could be found the rest of the day
in case a verdict should be reached.
$4,000 Evasion Charge.
Actual deliberation, aside from
the time required to eat and sleep,
has occupied the jury for around
80 hours.
With the week end recesses and
a longer holiday over Thanksgiv-
ing, the trial lasted almost three
weeks
The Government charged that
Emmitt, Leo and Charles rags
Warning evaded about $28, 900 in
taxes from their numbers business
over 4 period of three years. The
Warning books, brought into court
by the defense and previously
photostated in part by the Internal
Revenue Bureau, showed q gross in
come of approximately 81 $50 900 for
1885 and almost as much for 1896.
For 1885 the three brothers returned
for taxation incomes of 1868 each.
The prosecution, alleging that the
books failed to reflect the profits, set
forth expenditures for automobiles,
houses, a boat and other items As
evidence that the income was much
larger.
$4,000 Protection Item.
The defense contended that the
Warnings co-operated with the Fed
eral agents, surrendered their books
and records and were willing to pay
any reasonable tax assessed. Sadur,
it was asserted, merely represented
the Warnings as a public accountant
and tried honestly to arrive at their
taxable income.
The most debated item in the in
tricate maze of figures introduced
in evidence was $4,000 which EN-
mitt was said to have told Govern
ment men that he paid for police
protection in 1885. The Govern
ment charged that this sum was
concealed in the hit" column of q
tax schedule prepared by Sadur,
while he maintained that I've di-
rected attention to this amount and
claimed it as q deduction. Efforts
of Justice Laws and the prosecu-
ton to uncover more details of The
alleged protection were without rs-
suit.
The Warning brothers did not
take the witness stand and Emmitt
was quoted by John r. Cox, agent
In charge of the Washington ONCE
Of the Intelligence Unit. Internal
Revenue Bureau, as refusing to
name the police he allegedly bribed.