Evening star., 1939-02-24
Rugged Honesty
Basis Of Justice,
Laws Decision Warns
Jurist Cites Peril
If People Lose
Confidence in Courts
Continued From First Page.)

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integrity. For these reasons, felt
the witnesses, Denekas, Fine and
Quinlan should be cited.
Two Lawyers Implicated.
There arose a further serious
problem to confront the district
attorney and the court. Two law
yers, whose standing at the bar for
years has been good, were impli-
Gated by witness. This was not
a case where such implications
could be kept secret. This was no
time for distrust on the part of
citizens. When the charges were
made known it was not just either
to condemn or to vindicate these
officers of the court without a full
=. and adequate hearing Therefore,
1t was to their interests, as we'll as
to the interests of the court, that
both Mr.. Whelan and Mr.. O'Con-
nell should be cited and their cases
fully heard
Thus there has been brought be-
fore me all those concerning whom
there was any tangible evidence of
guilt. The hearings have been ex-
tenslve and open. The district at
torney, Mr.. Pine; his assistants, Mr..
wilson and Mr.. Fihelly, together
: With 1t. Hartman and his staff of
the police force, have fully Coop
Grated with the court. They have
worked diligently and vigorously and
I feel they richly deserve the COM
mendation which it is apparent has
been given them. And I am pleased
to commend the dignified and hon.
est approach which counsel for the
respondents have made to this prob
lem. 1t is gratifying to me to feel
they have made no effort to mislead
the court or deter it from its purpose
TO serve the public interests; that
they have appeared to realize the
gravity of this occasion and the i'm
: portance that all concerned should
act fairly, diligently and conscien-
tiously.
Many Agencies Aroused.
Il am not satisfied the investiga-
tlon has revealed all of the true
facts. There are many suggestions
which have not developed full and
complete answers. Yet it is apparent
that this investigation has aroused
many agencies and it will be reas-
suring to the court, as well as to the
public in general, if those agencies
will carry on after the court pro-
ceedings have been concluded.
This brings me to a decision of
the cases at issue before me. First,
] shall take up the case of Juror
Carl T. Denekas. I have carefully
read the brief submitted by his coun-
sci and have referred to the cases
cited. do not find that these cases
control the decision of the case be-
fore me. Juror Denekas plainly was
in contempt of court when. after
being informed the mission of Fine
was to get him to discuss a PROPOSE
ton to influence his vote as a Juror,
he met Emmitt Warning. on whose
criminal case he might sit as a juror
and talked over the matter with
him. Denekas also plainly was in
contempt of court when, after hav-
Ing met and talked to Emmitt War
ring, he failed to respond to the
question Of Assistant District Attor-
ney Wilson propounded to him on
the occasion of the trial of the GRIM
!nal case of Emmitt Warning and
others. The question of Mr.. Wilson
to those who were qualified as jurors.
including Denekas, was as follows.
DO any of you ladies and gentlemen
know any of the defendants? And
when say know, mean slight ac-
ruainance, social acquaintance, busi-
ness acquaintance. and I mean to
include, even if you have met them
!, on single occasion. Now my ques-
ton Is, do any of you ladies and gen.
tlemen know any of these four de-
PENDANTS, Emmitt Warning, Charles
Warning, Leo Warning and Gordon
l.. r. Sadur?'
Denekas Remained Silent.
Notwithstanding several jurors
arose to tell of their acquaintance
with several of the defendants, Jur-
or Denekas remained silent. When
y he was IN the jury box, and shortly
before the jury was selected, Mr..
Denekas was asked questions by
District Attorney Wilson with re-
gard to his employment. On this
occasion he made no mention of
his contact with Emmitt Warning.
Thereafter, a jury on which Mr..
Denekas was selected to serve heard
the criminal case of Emmitt War
ring and others for period of
three days, during which Mr.. Den
ekas made no disclosure to the
court Among the results of the
wrong was the disqualification OF
the jury to hear the case. The fact
that Mr.. Denekas eventually did
disclose his relations with Emmitt
Warning would not relieve him of
guilt, but it is a fact to be taken
unto consideration in determining
his punishment.
Denekas Guilty Of Contempt.
Accordingly, find Carl T. Dene-
kas to be guilty of contempt of court
as charged in criminal contempt
case No. 1903
"Messrs. Whelan and O'Connell
were counsel for three Warning de-
PENDANTS on the occasion of the first
trial OF the conspiracy case against
them and others. They appeared as
counsel for one of the Warning de-
PENDANTS, namely, Emmitt Warning,
on the occasion of the second con-
Splracy trial The first trial resulted
IN a disagreement of the jurors, after
some 81 hours of deliberation. It is
aow made to appear that Emmitt
warning sent certain whisky to Mr..
Ppperman, the deputy marshal in
charge OF the jurors during the
period of time they were deliberat.
ing. The deputy marshal drank
some OF the whisky and gave some
to the jurors. The deputy marshal
states that his only service to the
defendants consisted in his stating