Evening star., 1939-04-23
En1n1itt Warriinq
To Be Tried
Tomorrow
Difficulty Expected
In Selecting
Jury
BY CARTER BROOKE JOHNS.

appears on the docket Of the crimi-
nal division Of District Court.
This time-tomorrow morning
Emmitt Warning. until recently head
OF big numbers game syndicate,
faces trial alone for alleged con-
spiracy to defraud the Government
Of income taxes.
The case is to be called before
Justice Bolitha j. Laws, who has
presided at all the various trials and
contempt proceedings that grew out
OF the original indictment naming
Emmitt, his brothers, Leo and
Charles, and Gordon L. R. Sadur.
an accountant, in the supposed con-
Spiracy.
After two abortive trials of the
lour defendants, Emmittt, leader of
the Warning clan, is to be tried alone
because Justice Laws granted the
other accused men a severance on
the ground that the publicity at
tenolng the recent jury tampering
scandal involving only Emmitt might
prevent the others from obtaining
a fair trial If forced to share
Jeopardy with him. United States
Attorney David A. Pine elected tn
place Emmitt on trial first.
Jury to Be Difficult.
Indications are that the court and
the attorneys will be hard put tn
md an impartial jury, owing to the
sensational disclosures in February
which sent Emmitt Warning to jafl
Tor two years and two months.
Extra panels are to be on hand for
the anticipated elimination of the
regular panel. Justice Laws and the
attorneys held pre-trial conference
IN an ei1ort to shorten the procedure
OF selecting jury and OF presenting
certain evidence at the trial. It was
expected that some legal corners
would be cut, because this is the
thlrd trial of the income tax case
ana the validity of much docu.
mentary evidence will not be dis
puted.
Thedefendant at the present trial
is DONG time for his confessed part
IN an effort to influence Jurors at
Ine Two trials. Emmitt pleaded
guilty to four charges of contemnt
and, taking the stand, admitted he
gave money to John B. Upperman.
then deputy marshal in charge of
tne jury. and ordered liquor sent to
MIN at the hotel where the Jurors
were locked up. Upperman is serv-
ing a year.
Three More Sent to JAN.
Three othess were sent to iaiI for
shorter terms in the jury scandal,
Ihey were Harry Fine. confessed
warning go-between. who got six
months; Thomas Harrison Quinlan,
convicted OF investigating Jurors for
the numbers leader, three months.
and Carl T. Denekas, a Juror at the
second trial. two months.
Emmitt's brothers and Sadur were
not mixed up in the jury-tampering
plot, and they are out on bond. En-
mltt has been serving his sentence
at Lorton Reformatory.
The first income tax trial resulted
IN hung jury. The second trial
was interrupted dramatically by the
confession OF the juror. Denekas.
that he had been approached before
the trial and offered 5000 sensa
tlon made public at the contempt
hearings. Justice Laws. on receiving
strong lntimation that one or more
Jurors had been approach d.
promptly declared a mistrial.
| F. .1OSoph norol,vo oL;.f
Tor Emmitt Warning, said yesterday
that the income tax case would be
contested vigorously. Mr.. Donohue
Will be associated at the trial with
Myron G. Ehrlich.
Battle Over Evidence Likely.
The third trial is expected to de-
velop a legal battle over whether the
jury ry-tampering evidence is admissi-
ble as showing guilty knowledge on
the part of Emmitt. Justice Laws
indicated at the severance hearing
last week that he was inclined to
think such testimony could be placed
before the jury, but the defense is
expected to argue emphatically to
the contrary.
With Emmitt as the lone alleged
conspirator on trial, other unusual
features are anticipated. Whether
the diminutive gambler will take the
stand this time remained a mystery
on which his attorneys would shed
no light. He and his brothers stayed
on the stand at the first tax trial
though Sadur testified at length
The second trial had not proceeded
far enough for the defense to begin
The Government is expected to
make another determined effort to
uncover details of the alleged pro-
lection money which it declares in
the indictment Emmitt was paving
the police to safeguard his numbers
business. The prosecution got no
where with this at the previous trial
except to develop testimony that he
told several agents of the Internal
Revenue Bureaus intelligent unit
that he paid $4,000 for this purpose
during 1885 and informed at least
one Federal official that the amount
was doubled during 1896.
The $4,000 item was set up as
part OF the assertedly evaded income
for 1885, because, the Government
pointed out, Emmitt had not ac-
counted for it in his tax return. It
was not a deductible item, the prose-
cutors contended.
May Nave New Evidence.
Whether any new evidence on the
widely discussed protection angle
will be developed at the new trial
was q matter no one would discuss
While Emmitt testified at his con-
tempt hearing, he was not asked
about protection or any other mat
ter affecting the income tax case,
since 1t was a case still pending
against him and 1t was felt that
his rights would be violated If he
were pressed on the point. If he
testif1es again, however, he undoubt-
edly will be asked which policemen
he allegedly paid of.
The income tax indictment charges
the three brothers and their tax