Evening star., 1939-02-21
BY CARTER BROOKE JONES.

Thomas Harrison Quinlan, who
investigated a juror for Emmitt
Warning, was found guilty of con-
tempt by Justice Bolitha j. Laws
in the District Court today.
The justice took under advise
ment until Friday contempt cita-
tons against the law partners,
Harry T. Whelan and William B.
O'Connell, who denied charges that
they gave money to John B. Upper
man, deputy marshal and jury GUS
todian during the two Warning in
come tax trials.
Sentences in the case of Quinlan
and of three others who pleaded
gullty-Emmitt Warning, Upper
man and Harry Fine, Warning GO
between-were deferred until Fri
day.
In the seventh contempt citation
growing out of the Warning jury
scandal, that of the juror, Carl T.
Denekas, who pleaded not guilty,
Justice Law announced that he
would make final ruling Friday,
although his present inclination
was to hold Denekas guilty on the
admitted facts.
Attorneys for Quinlan and Dene-
kas fought their cases on legal
grounds. conceding virtually all the
facts brought out by the Govern
ment
Testimony in the hotly contested
case of Mr.. Whelan and Mr. O'Con-
nell, who represented the Warnings
in the income tax cases, was closed
today after Mr.. OConnell went back
on the stand and admitted he was
mistaken when he testified last week
that he was not at the courthouse
after 6 pm. the night of December
2. That was the night the jury went
out at the first Warning trial and q
sharp conflict Of testimony was de-
veloped as to Attorney O'Connells
movements during the evening.
Upperman said Mr.. O'Connell gave
him $40 one OF the three nights the
jury was out before a disagreement
was declared. The Government dis
puted Mr.. OConnells story in part
Saturday by producing two agents
OF the Internal Revenue Bureaus
Intelligence Unit, who were positive
they saw the attorney at the court
house the first night.
Concludes He Is Mistaken.
Mr.. O'Connell explained that his
first testimony on this point had
been based on the best of his knowl-
edge and belief gained from talking
to members Of his family, who were
certain that he had followed his
usual routine and spent that Fri
day night with his mother, his
brother ard other relatives. I'm
afraid I must have been mistaken"
the attorney added, explaining that
ne could not doubt the positive tes-
timony of William H. F. Swain and
Frank A. Dawson, the two intelli-
gence agents.
Mr.. O'Connell said his family was
still convinced he did not return to
the courthouse after pm. but he
had concluded that the Government
testimony was correct. Justice
Laws questioned the lawyers closely
on this point.
why didn't you tell the court last
week that there was some doubt in
your mind about where you spent
that evening instead of saying pos
itively four or five times that you
did not return to the courthouse?"
the court asked.
Il had no doubt at that time" Mr..
O'Connell replied.
DO you think you we're entirely
frank with the court?" Justice Laws
pressed.
Il tried to be-" Mr.. O'Connell said.
Appreciates Effort.
After Mr.. OConnell had completed
his testimony, Justice Laws said:
Il appreciate the efforts counsel
has made to check up on this matter.
I am frank to say that I am glad
Mr.. OConnell made his statements
here this morning. I must say that
I was convinced that Mr.. OConnell
was in the courthouse on Friday.
Il want to have plenty Of time to
think over this matter involving the
two counsels. I want to have fixed
in my mind exactly what I am going
(See WARRING, Page A-4.)