Evening star., 1939-02-11

brothers, Leo and Charles, and
Gordon L. r. Sddur, public &C.
countant, 1Dere charged in tndict-
nent returned last spring Dith
conspiracy to detraud Govern
nent OF income tdres from num-
bers game profits. First trial re-
suited in hung jury. Second trial
Uds declared mistrial Tuesday
because of alleged jury tampertng.
BY CARTER BROOKE JONES.
F. Joseph Donohue, attorney, with
offices in the Munsey Building, noti-
fed Justice Bolitha j. Laws today
that he had been retained by En-
mitt Warning in the contempt pro-
ceeding Monday, in which the
numbers game magnate is charged
with attempting to influence jurors
at his income tax fraud trials.
Mr.. Donohue made no further
statement and Warnings defense
plans were not expected to be re-
vealed before the contempt case is
heard in District Court.
Harry T. Whelan and William B.
O'Connell, who have represented
Emmitt Warning and his brothers
for a decade, announced Thursday
that they would not appear for him
in the contempt citation.
Whether the new attorney will
ask continuance of the contempt
hearing to make further study OF
the case was not revealed, but United
States Attorney David A. Pine has
indicated that he will oppose any
postponement.
Deputy Still in Hideout.
The district attorney and his aides
we're preparing today to bring a
number of witnesses into Justice
Laws court Monday morning to ap-
pear against Emmitt Warning and
his alleged accomplice in the as
serted efforts to reach jurors. Deputy
United States Marshal John S.
Upperman.
The deputy marshal who was in
charge OF the jurors at both of the
Warning income tax trials, remained
hidden out" under police guard.
He is expected to- be Government
witness against Warning, though the
two are charged Jointly in two in
formations filed by the district at
torney.
At least two Government witnesses
in the contempt proceeding remained
hidden out under guard at their
own request, according to investi-
gators.
One OF these concealed" witnesses
was reported to be the juror Carl
T. Denekas, who, according to the
information filed by United States
Attorney David A. Pine, was prom
ised $500 If he would favor the
Warnings at the recent income tax
trial. Denekas was serving on the
Jury when Justice Laws declared a
mistrial and is slated to be a Gov
ernment witness at the contempt
hearing. Another witness under
stood to be in voluntary hiding,
under protection, is Harry Fine, the
alleged go-between who is said to
have been sent by Emmitt Warning
to procure the influence of Denekas.
Influence Effort Charged.
Upperman's asserted part in the
jury plot was, according to the
charges, to carry liquor to certain
jurors and try to make them favor
able to the Warning cause. The
suspended deputy marshal, a jury
guard at both the Warning trials,
also is alleged to have accepted
S110 which Emmitt caused to be
sent" Who caused these alleged
gifts to be conveyed to Upperman
is one of the mysteries which the
Government is expected to reveal at
the hearing.
There were reports that the key
Government witnesses were held at
local hotels and other reports that
they had been secluded in Baltimore,
but none of these could be con-
firmed. Investigators explained that
even should their "hideouts" be
spotted, no one would be allowed
to see them except members of
their families.
The investigation into the jury
tampering scandal continued, with
Mr.. Pine and two assistants, John
j. Wilson and Jack w. Fihelly, and
Detective 1t. Earl P. Hartman put
ting in all their time on it. They