Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-05-10
PROBABLE CAUSE
NUMBERS SEARCH
q UPHELD BY COURT
Justice Cox Also Says Police
Need Not Tell Source of
Confidential Tips.
RULES OF EVIDENCE HIT
AS UNCONSTITUTIONAL
First Trial Under New Law Is
Bitterly Fought in Case of
Hospital Employe.

Right of the authorities to search a
man for numbers slips on probable
cause" was upheld today by Justice
Joseph w. Cox in District Court at
the first trial under the new numbers
racket law.
The police. the court ruled, need not
reveal the source of confidential in
formation. 1t is enough, he indicated,
for them to testify that they were "re-
liably informed" that a certain person
was carrying numbers tickets.
= This phase of the new law wealth.
cred an initial attack as the trial of
Robert H williams. Is, colored en-
ploye at the Walter Reed Hospital, be-
gan.
The court several weeks ago had up
held the search and seizure provision
OF the new law when motion to sup
press the Governments evidence was
denied, but Denny Hughes. defense at
torney. continued to fight the evidence
on constitutional and judicial grounds
every step of the way.
The defendant, who was alleged to
have had numbers slips strapped be-
meath his clothing, was searched at
the hospital guardhouse. according to
testimony of Herman H. Yonce, SER
geant Of military police.
In his opening statement. assistant
United States Attorney John w. FINELY
promised to prove that Williams con-
fessed the slips allegedly found on
him were numbers bets which he was
turning over to pickup man every
day.
The Government Is seeking to con-
yvict Williams on charges of promoting
numbers game-a felony-and of
possessing numbers slips, mis-.
demeanor.
Mr.. Hughes declared in the course
OF legal argument that the new law
goes against every rule of evidence
every court has ever prescribed"
Justice Cox remarked that Congress
could change rules of evidence so long
as they did not violate the Constitu-
ton. Mr.. Hughes commended the re-
vised lottery law did violate the Con-
stitution
. Objection Sustained.
The flare-up over the right Of the
authorities to search a man for num-
bers slips came when Sergt. Yonce was
on the stand.
He testified he had received certain
reliable information" that Williams
was promoting numbers at the hos
pital and was turning over slips to
a pickup man at certain hour every
afternoon.
who gave you that information?"
Mr.. Hughes demanded.
Mr.. FINELY objected, and was sus-
tanned.
Sergt. Yonce identified 80 number
slips. which he said he and the cor
poral Of the guard found strapped to
Williams body by rubber band when
they searched him at the hospital
guardhouse. The slips were beneath
the orderly's clothing, the witness said.
On cross-examination, defense coun-
Gel asked the sergeant if he had not
been backing the numbers game at the
hospital. Yonce denied it.
MIR. Hughes commended Congress
could not, under the Constitution. pass
. law giving police right to search
. person for a suspected misdemeanor
not committed in their presence, but
Assistant United States Attorney FL
belly pointed out that the defendant
was charged with both felony and
a misdemeanor and it was always per-
Missile to search on probable cause
IN felony case. The court upheld
this contention.
Slips in Code.
The numbers slips presented in
evidence were in an asserted code.
under which seven figures were used.
the first two meaningless, the next
three containing the numbers wagered
and the last two the amount of the
bet
The new law makes possession of
numbers tickets prima facie evidence
Of violating the District lottery law.
One convicted Of conducting a lottery
is liable to maximum penalty Of
three years, while mere possession of
slips entails maximum punishment
Of six months in Jail and $500 fine.
Congressional approval of the pres
ent, more stringent law, backed by
police and prosecuting officers, fol-
lowed hearings at which it was brought
out that the numbers game had de-
veloped into the most widespread
gambling racket in Washington and
was charged with causing a large
amount Of crime, directly or indirectly.