Evening star., 1939-05-03
Emnlitt Warriinq
Gets ; 10 9
Months
Brothers Let OFF
With 81, 500 Fines
In Tax Case
By CARTER BROOKE JONES.

Finis was written today to the
year-old income tax fraud case
against the three Warning brothers,
former operators of $4,000, ,000a-
year numbers game bank.
Emmitt Warning was sentenced
yesterday by Justice Bolitha J. Laws
in District Court to a term of three
to nine months, in addition to the
two years and two months which he
already is serving for trying to in
fluence jurors at his two previous
trials.
His borthers, Charles Rags) and
Leo, were let off with fines of So, 500
each. They were required to pay
the fines under pain If serving three
to six months. They were taken
into custody, but after spending a
few hours in cell block at the
courthouse, their attorney, Leo A.
Rover, delivered at the clerks Office
q cashiers check for $4,000 and they
were released.
Emmitt is to be taken back to
Lorton Reformatory to complete his
sentence
Guilty Plea Halted Trial.
Under the conspiracy law which
was concerned the most the defend
ants could have got was four months
to two years. The court could have
imposed Imprisonment or fine or
both, the latter up to $4,000.
The 34-year-old head of the
gambling syndicate halted his third
trial last Friday with a plea of
guilty. His brothers then pleaded
nolo contendere no defense). The
case of the fourth defendant in the
tax conspiracy case, Gordon L. r.
Sadur, tax accountant, has been
referred by United States Attorney
David A. Pine to the Justice De-
partment for recommendation.
In sentencing Leo and Charles
Warning, Justice Laws said:
II have not been convinced by
the testimony which I have heard
that you had deliberate purpose to
oC1l duS Vic Ol GdhCo.
Your plea of nolo contendere does
not admit such purpose, but SIM
ply sets forth that you are unWill-
ing to contend or to make a con-
test with reference to the charges
Of tax fraud"
Spared Imprisonment.
The court added:
II have given long thought as to
whether I should sentence you to
imprisonment. If I were convinced
that you had an evil purpose to de-
fraud the Government of taxes
would feel I should do So How
ever, have reached the conclusion
that under all the circumstances
with relation to your tax case, fair
disposition, both to the Government
and to you, is that you shall be
spared imprisonment upon payment
of substantial fine"
Justice Laws also pointed out in
his written opinion that the War;
ring brothers had rendered the Gov
ernment proposed settlement of
the civil tax claim. While $4,000
was set up in the indictment as the
during three years, it was under
stood that the Internal Revenue
Bureau had recommended accept
ance of a smaller sum and the JUS
tice Department had the proffer un-
der consideration. 1t was explained
by District Attorney Pine that the
sum offered was not compromise,
but the amount computed by rev.
enue officials as reasonable addi-
ton to the tax returned.
The indictment returned in March
Of last year charged the four with
conspiracy to defraud the Govern
ment of taxes on profits from the
numbers business. One of the items
which they we're charged with fail
ing to return for taxation was $13,-
900 allegedly paid by Emmitt for
police protection. This sum was
based on statements which he had
made to Federal agents. Emmitt
did not take the stand. however,
and no further information regard
ing the alleged police bribery was
obtained.
Separate Trial Granted.
The first trial of the brothers and
Sadur resulted in hung jury. The
second trial broke up in mistriSl
when Justice Laws was informed
that attempts had been made to
tamper with jurors. After that Leo
and Charles Warning and Sadur
were granted separate trial.
Emmitt pleaded guilty to four
charges of contempt for trying to
approach members of the juries at
the two previous trials.
The tax case resulted from an in
vestigation by the Internal Revenue
Bureaus intelligence unit, under the
direction of Elmer Trey, chief of the
service, and John R. Cox, head Of
the Washington office.
1t was the first income tax con-
spiracy case prosecuted in Wash
ington. Such cases originating here
ordinarily are tried in Baltimore,
where headquarters of the revenue
Office for this district are located.
Emmitt Warning was represented
at his most recent trial and at the
proceeding attending his plea by F.
Joseph Donohue and Myron G..
Ehrlich.