Evening star., 1939-02-18

numbers writers?" the court asked.
mo, don't" said Emmitt.
When the fact that East and Allan
knew of Uppermans 500 bill was
brought out yesterday, Mr.. Pine
asked the deputies Indignantly why
they had failed to tell him about the
$l00 bill Then Mr.. Pine and AS
sistant United States Attorney John
j. Wilson engaged during court
recess in some heated conversation
with Marshal Colpoys and Chief
Deputy Marshal Michael Kearney,
whom the hapless deputies said they
had informed.
But peace was made at the mid
night conference, to the apparent
satisfaction of every one but the
deputies. The conference was at
tended by Mr.. Pine, Mr.. Wilson,
Deputy United States Attorney
Jack j. Fihelly, Mr.. Colpoys, Mr.
Kearney and newspaperme,A
1t was all misunderstanding, the
officials explained. Mr.. Cotpoys said
the first he had heard of the infor-
nation which Deputies Allen and
East assertedly had was when they
testified at the Whelan-O'Connell
hearing yesterday. He certainly
would have advised the United
States attorney had he known, the
marshal said. Mr.. Kearney said the
two deputies had told MIN the day
before at time when he was under
terrific pressure of work and he had
tried to tell Mr.. Colpoys, but the
marshal was rushing to an appoint
ment with Attorney General Muir
ply and would not see him. The
chief deputy added that he also
tried to make contact wAth Mr.. Pine
and Mr.. Wilson, but failed.
Three designations Disclosed.
Deputies John Crawford and Will
liam Gates resigned yesterday "at
the instance of the Justice Depart
ment" for allegedly accepting
Christmas gifts OF IS each from Mr.
Whelan. At the same time the de-
partment made known the resigna-
ton of Michael Emmett Broderick
against whom charges of speeding
and fighting with a policeman are
pending Later the marshal ad-
mitted he had asked the three to
quit. They had been under sus-
pension.
Mr.. Whelan and Mr.. OConnell
expected to complete today their de-
fense of the contempt charges
against them, which grew out OF
Upperman's assertion that Mr.
O'Connell gave him $40 while the
Warning jury was out at the first
trial and Mr.. Whelan gave him s1OO
after the trial.
Meanwhile Justice Laws had un-
der advisement a motion by Wilbert
McInerney, attorney for Thomas
Harrison Quinlan, to dismiss the
contempt citation against this de-
fendant on legal grounds.
Quinlan admitted that he dis
cussed with Emmitt Warning the
list from which jury at the second
income tax trial would be selected
and agreed to obtain information
about two of the jurors he knew of. :
There was no evidence that he ever
spoke to these jurors, but witness
said Quinlan asked him if one OF
them could be fixed" and was told
this man certainly could not be. The
lawyer contended that under pre-
vious court rulings this did not con-
stitute contempt, since Quinlan had
not actually interfered with the
processes of justice.
Juror Case Testimony Closed.
Testimony in the case of Carl T.
Denekas, the juror who admitted on
the witness stand that an interme-
diary for Emmitt Warning approach
ed him before the trial with an offer
of 5000, was closed last night, but
legal arguments were to be made
some time today.
Denekas, whose twinges of con-
science after he was placed on the
jury and locked up in hotel broke
the whole jury-tampering case, tes-
titled again last night, expanding
certain portions of his previous tes-
timony.
He said on the second day of the
trial he told Upperman at the court
house that he wanted to speak to
the judge, but was ordered brusquely
to take his seat in the jury box
On several other occasions, Denekas
said, he made futile requests to see
justice Laws, but was refused until
he got sick on the fifth day of the
trial, Sunday. and Upperman sent
for Chief Deputy Marshal Kearney
who took his statement Of the con-
facts with Emmitt Warning and his
go-between, Harry Fine
Mr.. Kearney said when he was
called to the jury's hotel the morn
ing of February S Denekas was ly-
ing in bed fully clothed with blan-
ket pulled over his head and was
in IAN apparent stupor."
Examined by Deputy Coroner.
DR.. Christopher ]. Murphy, dep
uty coroner, said he was called to
the hotel and found the juror in
highly nervous state, looking as
if he were just getting over a spree
though he insisted he had taken
only two drinks the night before.
Upperman, recalled to the stand
said he had thought Denekas was
Fes co.'s GHp1