Evening star., 1939-02-13

inally in the case, came into the
courtroom on orders from Justice
Laws, and his entrance threw q
hush over the room. He entered
from q door leading into the new
Police Court Building cell block, and
as the door opened the bars of this
cell block were visible from the
courtroom. Upperman reached for
support as he walked uncertainty
into the room, and steadied himself
by placing his right hand upon fur
niture as he proceeded to take his
seat before the court. Before he
took his seat he turned anxiousl3,
looking about until he saw that his
counsel. Walter M. Shea, was In the
court Immediately behind him. EN-
mitt Warning was already in the
courtroom.
The names Of Whelan and O'Con-
nell were brought In the jury scan.
dal for the first time after Upper
man and Emmitt Warning had
pleaded guilty to all the contempt
charges filed against them by United
States Attorney David A. Pine.
Upperman, speaking from the
witness stand in a thronged court
room, In barely audible voice, was
on the verge of q breakdown. A
bailiff kept handing him water.
Warning Statement Read.
Mr.. Donohue Warnings counsel,
in pleading his client guilty, read .
statement IN which he said:
1T is with feeling of keen, per-
sonal regret that Emmitt Warning
stands. before Your Honor charged,
by way Of verified affidavit of David
A. Pine, attorney of the United
States. with criminal contempt of
Your Honor's court.
'"The respondent, Emmitt Warning,
is mindful of the fact that for days
upon days, on two occasions, he
stood trial before Your Honor upon
indictment prosecuted on behalf of
the United States by David A. Pine,
United States attorney for the Dis
trict Of Columbia, and his assistant,
John j. Wilson. He is, as well,
mindful of the fact that Your Honor
gave patient, painstaking, fair, i'm
partial consideration to him, to his
codefendants, to counsel, and to his
defense as raised by his plea in
those matters of not guilty Too,
he remembers the vigorous, capable
yet ever fair presentation of the case
OF the United States by the prose-
cutor and his assistant.
HE, therefore, asks me to express
to your honor his deep regret and
sincere apology for the interruption
to the orderly process of Justice in
your honor's court caused by any
conduct Of his and to Mr.. Pine and
to Mr.. Wilson for the added burden
that interruption has caused them.
Charges Held Inaccurate.
Coming to the matters now before
your honor, there are four separate
petitions: Nos. SO, 80, 100 and 101,
for hearing. For the purpose of dis
cussion they may be divided into
that one, No. 100, which contains
matters concerning the first trial;
and those, Nos. SO, 90 and 101, which
allege facts pertaining to the second
trial.
While these petitions are not
dawn with the particularly OF an
indictment, and though technically
they may require answer, wish
now, on behalf of my client, to enter
plea Of guilty to each petition.
In so doing, and in the realization
that each petition is upon the veri-
fed statement of the attorney for
the United States, who obviously
relied upon the oral or written state
ments Of others. my client asks me
to say to your honor that In some
instances the petitions allege facts
impossible for him to have known,
and which, therefore, he can neither
af1rm nor deny: that in some mat
ters concerning which he has knowl-
edge, the allegations 60 beyond the
true facts; and in still other mat
ters, the recited facts fall short of
the complete statement of those
facts.
Because my client wants to &C.
cept the full responsibility for his
own acts, responsibility neither
falling short Of nor exceeding that
which is his, and with no thought
to qualify any of the implications
raised by his plea Of guilty. I re-