Evening star., 1939-02-20
Wurriing
(Continued From First Page.)

B. Upperman testified that he played
the numbers and the races regularly
when he was a court officer and gave
his wagers to an employe OF the
courthouse.
United States Marshal John B.
Colpoys today announced the ap-
pointment of Gerald F.. Costello as
deputy United States marshal.
Mr.. Colpoys said that with the ap-
pointment of Mr. Costello, who took
the oath of Office today in District
Court, all the available vacancies
caused by the Warning trial dlsclos-
ures have now been filled.
While both sides in the Whelan-
O'Conneu case rested tentatively
Saturday, Justice Laws announced
that either side could present addl-
tional evidence tomorrow if it chose.
Arguments of counsel also are to be
heard then. Justice Laws indicated
that he hoped certain conflicts in
the evidence would be resolved.
Justice Laws must decide whether
Mr.. O'Connell gave Upperman $40
while the first Warning jury was out
and whether Mr.. Whelan handed
the jury custodian $100 after the
trial had ended in hung jury. Both
lawyers deny these charges, which
thus far are not corroborated.
Two Other Defendants.
Two other contempt defendants
are fighting their cases, these
largely on legal grounds. since the
facts, unlike those in the Whelan-
O'Donnell case, are admitted in
most particulars. The two are Carl
T. Denekas, juror at the second
Warning trial, and Thomas Har-
rison Quinlan.
The others pleaded guilty
Upperman, Emmitt Warning and
Harry A. Fine, Warning 60
between in the plot to influence
jurors.
Justice Laws had planned to SEN
tence the three tomorrow, but this
may be delayed if the Whelan-
O'Connell case and legal arguments
IN other cases are prolonged.
These are unusual legal questions
raised by attorneys which Justice
Laws was studying today:
Was Denekas guilty of contempt
for admittedly allowing himself to
be approached by a Warning en-
issary and offered $500 and, on
another occasion, an advance of
$l0O, when there was no evidence
that he made any promise or &C
cepted any money? Was he tacitly
guilty for permitting himself to be
sworn as a juror and keeping quiet
about the pre-trial approach until
several days after testimony had
begun? Denekas now contends he
intended to be fair juror, despite
these occurrence, and his attorney,
Thomas E. Lodge, has challenged
the theory of contempt in his case.
Other Legal Issue.
Was Quinlan in contempt when
he discussed certain prospective
Jurors with Emmitt Warning, agreed
to investigate two he knew Of and
then allegedly asked a fellow en-
ploye if one of these veniremen
could be fixed" although there was
no evidence that Quinlan actually
approached any juror or interfered
with the trial in any way? Numer-
GUS court decisions were cited for
or against the contention that Quin-
lan's acts constituted contempt.
There is the direct factual issue
of guilt or innocence in the case of
the law partners, Whelan & O'Con-
nell, and the court must decide the
punishment to be meted out to War;
ring, Upperman and Fine. Proba-
ton for Fine has been asked by his
counsel because he "came clean
and aided the Government in un-
covering the jury plot. Upperman
also made what he called a clean
breast of things and testified for
the Government, admitting he took
liquor ordered by Emmitt to jurors
as well as allegedly accepting money
from the attorneys.