Evening star., 1939-04-24
Jury 1ampering
Case 10 Enter
Warning Trial
Evidence to Be Used
BY Government,
Jurist Says
BY CARTER BROOKE JONES.

EVloenCe OF the recent jury tam.
per1ng scandal that sent Emmitt
Warning to prison for 26 months
will be brought into the third in
come tax evasion trial of the former
numbers baron which started In
District Court today.
With Emmitt on trial today, JUS
tice Bolitha j. Laws revealed to
prospective jurors that the plot
to influence jurors at the other trial
Will be part of the Governments
case. This evidence will be used
to show consciousness of guilt"
Justice Laws took over the general
questioning of the jury panel. In
view of the wide publicity which the
case has received, he warned mem
bers OF the venire that no one
should serve who cannot disregard
previous impressions of any wrong
doing OF which Emmitt Warning
might or might not have been
guilty.
The court outlined the issue In the
income tax case and pointed out that
there had been two previous trials,
the first ending IN hung jury and
the second In mistrial because
jurors had been approached. Justice
Laws also informed the prospective
jurors that the evidence would show
the defendant had been engaged In
an illegal business, the numbers
game, and also that he was asserted
to have bribed police, another illegal
transaction.
"But If you charge a man with
one," the jurist added. you can
not convict him because he may
have been guilty of other wrongful
acts"
He warned the panel that no
member should serve who could not
give the defendant a fair trial.
When he asked those who had a
fixed opinion to stand, only eight
responded. They were excused
promptly.
Nearly a score of others were ex-
cused because they work for the
Government. Others were examined
in more detail after processing some
acquaintance with the defendants,
the lawyers, the witnesses or some
other figures in the case. The
selection of the jury thus proceeded
slowly.
Emmitt Warning. who has served
about three months of his prison
term, was tried twice with his
brothers, Leo and Charles, and Cor
don L. R. Sadur, a tax accountant,
on an indictment charging con-
spiracy to defraud the Government
OF income taxes from the numbers
business. The court granted the
other defendants a severance be-
cause Of Emmitt's conviction of jury
tampering in which the others were
not involved The Government
elected to try him first.
Approximately so members of the
panel were eliminated before the
court began to ask more specific
questions. Justice Laws read q long
list of questions submitted by the
attorneys.
Out of more than so prospective
jurors who remained at the noon
recess. IA admitted they had played
the numbers game None of these
was excused for cause. however.
-Four jurors said they knew people
connected with the game. but added
that this would not affect their
judgment in the case.
Only one woman stood when JUS
tice Laws asked if any had con-
scientious prejudices against gam
bling. She was not excused.
An echo of the jury scandal was
heard when the court asked these
questions:
when you were served with sum-
mons to appear here for jury serv-
ice. was the Warning case men,
toned to you by any one? Has any,
body been trying to inquire into
your affairs from a strange source?"
There were no replies
Justice Laws made extraordinary
efforts to obtain an impartial jury,
questioning the several panels called
in about their affiliations with va
rious organizations and their posi-
BILE contacts with any one involved
in the case.
Present in court under guard were
John B. Upperman. former deputy
marshal, who is serving year for
his part in the jury plot, and Harry
Fine, who was jailed for six months.
They were there to be identified by
prospective jurors. In the audience
were the other two men convicted
of jury tampering. Carl T. Denekas,
a juror at the second income tax
trial. and Thomas Harrison Quin-
Ian. who had completed short Jail
terms. All four are expected to
be witnesses in the present trial.
Despite the sensational nature Of
the jury tampering proceedings, and
the wide publicity given the case.
at least IS jurors remained seated
; when Justice Laws asked all who
had read of the case to stand
Speculation Over Testifying.
There was wide speculation over
whether the head of the once
powerful Warning gambling clan will
take the stand at his third trial.
Neither he nor his brothers testified
at the first trial. The second trial
had not reached the defense when
evidence of tampering with jurors
was revealed.
Several extra panels Of jurors were
within call as the process Of select
ing IL impartial arbiters began.
4 On hand to prosecute the case
were United States Attorney David
A. Pine and Assistant United States
Attorney John j. Wilson. Defend.
ing Emmitt were F. Joseph Donohue
and Myron G. Ehrlich.
The indictment charges Emmitt,
his brothers and the accountant
they engaged with conspiring to de-
fraud the Government of approxi.
mately $28, 900 in income taxes from
the numbers business over a period
of three years.