Evening star., 1939-03-01
BY CARTER BROOKE JONES.

by GARTER BROOKE JONES,
Discovery that one prospective
juror in the Warning income tax
case was approached before he even
had time to obey a subpoena to ap-
pear for jury service has led to
stringent measurers to protect these
process papers from leaks, The Star
learned today as Justice Laws set
the third tax fraud trial for April "a.
Ihls juror was drawn on the
panel in Justice Laws court at the
f1rst Warning trial, but did not ac-
tually serve. He was not called as
a witness at the recent contempt
hearings, because he could not
Identify the stranger who talked to-
him IN behalf of the Warnings. The
contempt proceedings brought EN-
mltt Warning sentence of two
years and two months, John B. Up
perman. former deputy marsha,
ana jury custodian, one year ana
three others shorter terms.
Ordered Man From Office.
The part this juror played in thu
sensational jury plot was revealed
Tor the first time as follows:
He had just been subpoenaed as
a regular member of the Distr:c
Court trial jury. He was to appea.'
IN court week later. A man he
had never seen before called at his
place of business and remarked. in
substance: Il hear you're on the
jury" The juror-to-be assertedlv
asked how the stranger knew, ana
the visitor replied; Never mind"
but added: You may get on the jurv
IN this Warning case. Well. the War
rings are pretty good people. There
lot to be said in their favor"
The man summoned for jury serv-
ice told investigators he ordered tl.o
man out of his office. declaring h,
didn't even want to discuss a cas-
he might be called to decide.
The juror, according to a secre
investigator in the Warning jur-
scandal, did not disclose this stor-
voluntarily, but was summoned
the United States attorneys Of
flee and questioned after the scan
dial developed.
A friend had quoted this venire-
man as saying: Il could grab me a
thousand or two if happened to
get on the Warning jury and vote,
a certain way. OF course, I wouldn
consider such a thing"
Couldn't Make Identification.
The man came very near gettin~
on the jury. He was one of thos
excused as the final selection of !.
to weigh the case was being made.
When lnterrogated, he was sal
TO have denied making the remar
about money, but to have admitte
the other circumstances of his ap-
proach. He could not identify an,
OF the men cited for contempt. H
was asked to view numerous photo
graphs of persons under suspiciou
or key figures in the once huge War
ring numbers business, but said l.
could not pick out any of them.
There was no point in putting tn
Juror on the witness stand duri.
the extensive contempt hearing
since he could not name the inte.
mediary, it was explained. He va
one of several witnesses held in re-
serve by the Government, howevel
In case some break in the case mao.
his testimony important.
Following the revelation, a con-
ference was held between the United
States attorneys and the marshals
offices. and it was decided to take
precautions to guard jury subpoena
lists between the time the names are
drawn by the jury commissioners
and the time those summoned ap-
pear in court. 1t has been the prac-
tice in the past to leave these lying
around the marshals and. court
clerks Offices while they are being
copied and the subpienas are being
distributed to deputy marshals for
service.
Trial Date Set.
Once the jurors report. the list is
available to attorneys or any one
else concerned and later is printed
for distribution. But officials con-
tend that the list is not public prop
erty before the summons have been
answered.
Justice Laws set the April "a date
(see WARRING, Page A-l21