Evening star., 1939-02-24


come tdres from numbers game.
First trial resulted in hung jury.
Second trial broke up in mis-
trial 1Dhen charges of jury TAM
pering inDolUed Emmitt, and,
later, Sir others.
BY CARTER BROOKE JONES.
Harry T. Whelan and William B.
O'Connell, widely known attorneys,
were acquitted, and Emmitt War;
ring, the Little Napoleon" of the
Washington numbers racket, was
eXiled to two years and two months
today closed in District Court the
seven contempt cases involved in
the Warning jury scandal.
In addition to imprisoning the
head of the Warning numbers busi-
ness for 26 months on his plea of
guilty to four contempt charges,
Justice Laws dealt out these penal
ties:
John B. Upperman, the deputy
United States marshal who as jury
custodian at both the Warning in
come tax trials pleaded guilty to
aiding Warning in the attempt to
influence jurors, one year.
Harry Fine. confessed Warning in
termediary, six months.
Thomas Harrison Quinlan, who
admitted investigating jurors, but
pleaded not guilty to contempt,
three months.
Carl T. Denekas, juror at the Sec
ond Warning tax trial. who con-
fessed that he allowed himself to be
approached before the trial with an
offer of aid for the Warnings, two
months
Shortly after the courts action Mr..
Whelan issued the following state
Fnent for himself and Mr. O'Connell:
The courts citation afforded us the
opportunity we insisted upon having
to publicly disprove the charges
made against us. We are grateful to
the multitude of friends and men,
Pbers of the bar whose confidence we
retained throughout these proceed
ings."
Cleared Lawyer Criticized.
In clearing the law partners,
Whelan and O'Connell, of Upper
mans charge that they gave him
money, Justice Laws in a written
opinion criticized the two attorneys
for not reporting certain things
which they admitted in their testi-
mony to the court and for an
asserted lack of candor in some
particulars.
In general discussion of the
scandal, Justice Laws said he had
'given much thought to the problem
of how the shocking disclosures of
the past several weeks may most
effectively be made to serve the
courts and the public"
He added that he had decided the
problem was not met adequately by
simply finding certain persons guilty
or innocent and Furnishing the guilty,
but that the attention of citizens
and particularly those who are con-
cerned with the courts should be
emphatically brought to the neces-
sity of maintaining the integrity of
the machinery Of justice"
The court went on:
II am not satisfied the investiga-
ton has revealed all of the true
facts. There are many suggestions
which have not developed full and
complete answers. Yet it is appar-
ent that this investigation has
aroused many agencies, and it will
be reassuring to the court as well
as the public in general if these
agencies will carry on after the
court proceedings have been con-
cluded."
Warning Has Nothing to Say.
The 34-year-old Emmitt Warning,
who ran a numbers business that
recently had a gross annual play of
$2,000000, was a silent and crest
fallen figure as he walked into the
courtroom to be sentenced. Slight
and youthful, he made no comment
In his behalf but let his attorney,
F. Joseph Donohue, do the talking.
Mr.. Donohue assailed the press for
allegedly building up super
racketeer who did not exist.
The attorney said he had heard
Emmitt called a hoodlum, a Jesse
James, an overload of the rackets
and also "the little fellow" The
latter term, Mr.. Donohue said, was
the more appropriate because En-
mitt was "a little fellow in the
scheme of things, small in stature
and small in the So-called rackets. "
Emmitt's lawyer blamed the news
papers indirectly for most of his
troubles, declaring the wide publicity
given the story that he was making
s2,0000O0 a year had set "leeches"
on him. AS evidence that although
Emmitt was engaged in an unlawful
business he had tried scrupulously
to observe other laws, Mr.. Donohue
read statement purporting to show
that during 1887 the numbers oper-
ator paid $1,36427 as social security
tax for his employees and $1,19423
rs District unemployment insurance.
Orphans and Converts Aided.
Mr.. Donohue picked up a stack
of letters which showed, he said,
that Emmitt had contributed lib
orally to orphan asylums, hospitals
and converts, not only in the Dis
trict but in Pennsylvania and
Maryland.
He doesn't ask mercy" Mr.. Dom
ohue added, "he asks only that
your honor bear in mind not only
the things which he did, but also the
man who did them and that YOU
consider his position at the time,
with his back to the wall, not a
friend in the world and castigated
by the newspapers and the general
public"
Emmitt stood mutely beside his
attorney to receive sentence.
Justice Laws said he was not in
famed against the defendant, but
his only concern was what he had
done.
Y,,~