Evening star., 1939-02-01
Second Warning Trial
Begins, With Jury
Of "a 10 Hear Case
IS Veniremen Called;
Task Of Choosing Panel
Proceeds Slowly
BACKGROUND

BACKGROUND
The three Warning brothers.
reputedly among WashingtonS
largest numbers game hackers,
1Uere indicted last spring on
charges OF detrauding the Gou-
ernment OF about $4,000 in in
come tares oUer period OF three
years. Named in the same in
dictment 1Uas Gordon L. r. Sadur,
q public accountant, retained by
the Warnings to prepare their tar
returns. First trial, he'd in No
Uember, resulted in jury disagree
ment.
The second trial of Emmitt Leo
and Charles Rags Warning and
Gordon L, R. Sadur, public ac-
countant. charged with conspiring
to defraud the Government of in
come taxes from the numbers game,
began in District Court today, with
Justice Bolitha J. Laws announcing
that IA instead of the usual II
jurors will be selected to hear the
case
The two extra jurors will be
alternates, listening to the evidence,
but weighing the case onlyif regular
jurors are disabled by sickness. This
measure often is taken to avoid
repetition of long trials by reason
of some accident. At the first trial,
in which the jury failed to agree,
only IL jurors were sworn.
Seventy-fve prospective jurors.
taken from all three of the criminal
courts and from portion of the
civil court list, were on hand when
the case was called
Task Proceeds Slowly.
The task of choosing a jury pro-
ceded slowly. When general ques-
tions were put to members of the
venire collectively, several said they
had fixed opinions of the case and
did not feel they should serve.
Justice Laws, as is customary
deferred passing on their qualifica-
tions until the attorneys completed
the Interrogation.
When the prospective jurors were
asked if they knew any one in the
numbers business a colored venire-
man said: DO you mean in the
business or just in the racket?'
Assistant United States Attorney
John j. Wilson said he meant pick
up men, writers or any one con-
nected with the game. Then, the
juror said, he supposed he knew
some of them. He was allowed to
remain on the panel for the time
being.
In his collective examination OF
those called for jury service, Harry
T. Whelan, attorney for Emmitt
Warning, asked if any one was a
member of the Washington Criminal
Justice Association, contributed to
it's support or was in sympathy with
it's aims. This organization has been
active in opposing organized gam
bling and other forms of lawleSSnesS
U. S. Employees Excused.
Curtis E. McCalip, one of the
jurors, said he was member of the
Board of Directors of the association
He was not challenged at this time
Justice Laws excused all jurors
employed by the Federal Govern
ment. He also dismissed several
who said they had fixed opinions
regarding the case
The first jury to hear the case
which stretched over three weeks
in November, stayed out three ano
a half days and failed to agree
Those jurors-a woman and II mer
were reported to have stood either
Z to S or to 4 for conviction, un-
official accounts differing.
It was believed the second tria
would be shorter than the first
With most of the points of law
likely to be raised already ruled on
the court was expected to expedite
this phase of the second trial, and
it was indicated that the Govern
ment might find it possible to pre-
sent its case more succinctly
Whether the defense, which was
brief at the previous trial, intends
to call additional witnesses and
present new evidence this time, has
not been revealed by Harry T. Whe-
Ian and William B. O'Connell, rep
resenting the Warnings, and Irwin
Goldstein, counsel for Sadur.
FIour Sent IN RnrreIonn