Evening star., 1939-02-13
BY CARTER BROOKE JONES.

to influence jurors.
BY CARTER BROOKE JONES.
Harry T. Whelan and William B.
O'Connell, veteran Washington
lawyers, who defended the Warning
brothers in both of their income tax
trials, were cited by Justice Bolitha
J. Laws today for contempt of court
after Deputy United States Marshal
John B. Upperman certified in Dis
trict Court that the attorneys paid
him $l10 during and after the first
Warning income tax trial.
This assertion electrified a crowd
ed courtroom after Upperman and
Emmitt Warning, numbers game
leader, pleaded guilty to contempt
charges for tampering with jurors
at both the income tax fraud trials.
Mr.. Whelan, seated in court, rose
and denied emphatically Upper
mans charge and declared he could
say "on his oath as an officer of this
court" that it was utterly false. Mr..
O'Connell was not in court at the
time, but came in later.
Justice Laws said he was not pre-
Judging the charge against the at
torneys and they would be given
every opportunity to defend them
selves, but he felt these charges
must be taken up separately.
The court directed that the law
yers be allowed to give personal
bond and set their case for hearing
Friday. This mornings hearing
ended at 1890 pm, when the court
adjourned for lunch. 1t was slated
to resume at 1:30 pm.
Says Lawyers Handed Him $I10.
During the hearing today. Upper
man said Emmitt sent him liquor
to the Continental Hotel where the
jurors were lodged at both trials.
The packages came by prearrange-
ment signed Florence" the name
OF Upperman's wife, he said. He
added that he drank some of the
liquor and some jurors drank the
rest.
The deputy marshal who was GUS
todian of the jurors at both trials
insisted that Mr.. O'Conneli gave
him $40 during the first trial and
Mr.. Whelan handed him 500 after
the trial had ended in a hung
jury. Before this, Upperman said,
he had gone to see Attorney Whelan
and told him he had a note for $3.50
coming due and the lawyer said
he would consult "the little fellow"
meaning Emmitt, and see what could
be done.
F. Joseph Donohue, attorney for
Emmitt Warning, sought in cross
examination to elicit from the wit
ness that he had shaken down"
Emmitt, but Upperman denied he
ever had asked the numbers operator
for money.
Upperman admitted, however, that
he had known Emmitt for quite
while" before the first trial began
last November, and EmmitU had
given him money on at least two
occasions.
Says Warning Gave Him Money.
Upperman testified that Emmitt
gave him $40 or $40" at Union
Station last June after Emmitts
brother, Charles Rags Warning,
had been arraigned on the income
tax charge and was being taken back
to the Atlanta Penitentiary in
Uppermans custody to complete a
sentence for completely in the
O'Brien gang shooting.
What were you supposed to do
for that money!" asked Justice
Laws.
Look after Charlie, I suppose"
said Upperman, "see that he got
what he needed on the trip to At
lanta."
Upperman admitted he spoke
favorably of the Warnings to mem
bers of the jury at the first trial
during the three and one-half davs
they were celebrating.
He told these jurors, Upperman
said, that the three Warning BROTH
ers were mot bad fellows"
Warning Admits Gifts,
Emmitt Warning followed Upper
man on the witness stand A slight
figure, the 34-year-old gambler
spoke in soft, nervous voice.
He said he met Upperman two
years ago. At that time no charge
was pending against him on any
count, Emmitt said Asked if he
had given the deputy marshal
money before the income tax trial,
Emmitt said he had several times.
I couldn't say how many times"
Emmitt explained. Whenever he
(See WARRING. Page A-50