Evening star., 1939-04-29
Warning Case
)
Interest Turns
To Brothers
Emmitt's Plea Of
Guilty to Be Followed
.By Tax Settlement
By CARTER BROOKE JONES.

BY CARTER BROOKE JONES.
With Emmitt Warnings third in
come tax fraud trial halted by his
plea of guilty, interest centered
today in what will happen to his
brothers, Leo and Charles. and
Gordon L. r. Sadur, a public ac-
countant. who awaits a separate
trial as alleged co-conspirators.
United States Attorney David A.
Pine would not discuss the case of
the other three defendants except to
say that its further disposition
would not be taken up until Emmitt
Warning is sentenced.
Justice Bolitha j. Laws is ex-
pected to sentence the former num-
bers same tycoon early next week,
perhaps Monday After that, it is
assumed, the case of the others will
be set for retrial, unless some
change in their situation develops.
Counsel Silent.
Leo A. Rover. attorney for Leo
and Charles Warning, and Irwin
Goldstein, counsel for Sadur, had
nothing to say, but they sat in on
the conferences in Justice Laws
chambers that preceded Emmitt's
sudden change of plea.
The other Warning brothers and
Sadur are out on bond. Emmitt is
serving 26 months for tampering
with the juries at the two previous
tax trials and faces an additional
penalty to be fixed by Justice Laws.
For conspiracy to violate the income
tax law he may receive any prison
term up to two years, with the in-
determinate sentence law requiring
that minimum not more than one
fifth of the maximum be set, or
he may be assessed only fine. or,
on the other hand, he may be fined
and imprisoned.
Tax Settlement to Be Factor. i,
Justice Laws, revealing from the
bench that he had been informed
of negotiations to settle the civil
suit for taxes which the Govern
ment holds over the Warnings, indi-
Gated that he would take Emmitt' S
willingness to pay into consideration
in imposing sentence. Justice Laws
added that a settlement had not yet
been reached, he understood, and
he would like to be advised of its
progress while he had the sentence
under advisement. He also invited
Emmitt' S attorneys. F. Joseph Dono-
hue and Myron G. Ehrlich, to bring
in any other information that
might be helpful in determining
the penalty.
The tax claim against the War
rings was set in the indictment at
$4,000. but this was a rough ap-
proXimation, arrived at largely by
estimates. and it was expected that
y the Internal Revenue Bureau and
the Justice Department would ac-
cept a smaller sum. A tentative
figure has been arrived at. it was
learned, and approved by the
bureaH. but awaits the sanction of
thesJustice Department. 1t was en-
pf1asized that this proposed settle
mert did not represent compro-
mise, but was the figure that was
arrived at by revenue auditors after
q careful analysis of the evidence.
No "Dear' Made.
District Attorney Pine said in
court yesterday when the. trial came
to a sudden end that the civil
claim and the criminal case were
entirely separate matters and he
had not been asked to settle the tax,
though he had been consulted and
had made a recommendation. 1t
also was pointed out in official cir
cles that the plea of guilty was
not predicated on payment Of the
tax-that there was no deal" be-
tween the Government and the
Warrings-but that Emmitt had
wanted to make financial peace with
the Revenue Bureau before chang
ing his plea.
The indictment charges the War;
rings with evading taxes over a pc
Rod of three years out of profits of
q numbers business that had gross
play of $2,0O0,00O for each of the
years 1884 and 1885.
The unexpected termination of
Emmitt's lone trial was typical Of
the legal dramas which have pune
tuated the case during the year 1t
has been pending.
Second Trial Revealed Tampering.
After the first trial last November
the jury remained out three days
and was discharged, hopelessly
hung. The second trial ended dra-
matically in mistrial when Justice
Laws was informed that jurors had
been approached. The resulting
contempt hearings jailed Emmitt
a deputy marshal, juror and two
Warning intermediates.
Leo and Charles Warning and
Sadur, not involved in the jury
scandal, were granted a separate
trial because of the publicity that
attended the contempt hearings.
The small, youthful gambler, until
recently one Of Washington's most
potent racket chiefs, pleaded guilty
to the jury-tamparing charges. And
he decided. finally. to stop fighting
the year-old income tax case and
take his chances with the court.