Evening star., 1939-04-14
Emmitt Warriinq
Faces Tax Trial
On April "a
Brothers and Sodur
Win Motion for
Separate Cases

Emmltt warning, former numbers
| game magnate, Is expected to face
trial alone April "a on an indictment
charging conspiracy to evade in
| come taxes.
He is serving two years and two
| months for contempt of court. He
pleaded guilty to four charges of
jury tampering after a mistrial had
been declared at the last trial of
the conspiracy case in which he is
accused jointly with his brothers,
Charles and Leo. and Gordon L. r.
Sadur, a tax accountant.
Justice Bolitha j. Laws granted
in District Court yesterday after
noon motion to sever the trials of
Emmitt and the other three de-
PENDANTS in the income tax case.
Charles and Leo Warning and Sadur
were not involved in the plot to in
| fiuence jurors.
United States Attorney David A.
Pine indicated during arguments on
| the motions that he would elect to
place Emmltt on trial alone, de-
ferrlng the case of the others. JUS
tlce Laws said it was up to the
prosecutor to decide how to pro-
ceed with the split case Mr.. Pine
did not commit himself definitely,
but promised to notify F.. Joseph
Donohue, attorney for Enlmitt, soon.
Lawyers Cite Publicity.
The motions to separate the trials
were argued by Leo A. Rover, attor-
ney for Charles and Leo Warning,
| and by Irwin Goldstein, counsel for
Sadur. Mr.. Goldstein asked a sew
erance for Sadur, although Mr..
Rover said he would have no OBJ
lection to placing his clients on trial
with the accountant, provided they
were not forced to appear with
Emmitt.
Both lawyers contended that tho
wide publicity given the recent con-
tempt hearings at which Emmitt
was convicted would prevent the
other three defendants from getting
a fair trial if they were compelled
to face jury at the same time.
Mr.. Rover said he realized that
under court decisions the jury.
tampering evidence probably could
pe used against Emmitt, on the
theory that it would show guilty in
tent. 1t would be difficult, he said,
for the jury not to be prejudiced
against the other three men, al.
though they were not mixed up in
this plot and the court probably
would order the jurors to consider
such evidence only against Emmitt.
Agrees With Contention.
Justice Laws agreed with this con-
tention, expressing belief that the
jury evidence could be used against
Emmitt, adding: II hold to the view
that it would be difficult for the
jury to obey the instructions of the
court. The jury might be very
greatly influenced against the activ-
tiles of Emmitt Warning"
Mr.. Goldstein contended that
Sadur's case would be prejudiced
by his having to face trial with any
of the Warnings, since their names
had been so widely exploited in
connection with the jury scandal.
Justice Laws held. however, that
Sadur and the two Warning brothers
should go to trial together, although
there was sufficient justification for
severing Emmitts case.
Opposing the severance motions,
District Attorney Pine declared the
three brothers had been closely asso-
ciated in an illegal business, the
nature of which Sadur knew when
he undertook to prepare their in
come taxes. This business, Mr.. Pine
added, included 'corrupting the po-
lice of the District" which also was
known to Sadur, who was their
mouthpiece!" This was a reference
to evidence at the income tax trials
that Emmitt told Federal agents he
had been paying police protection.
The Government introduced testi-
mony to the effect that Sadur set
up $4,000 police bribe item in the
Warning taxes for 1885, after the
investigators of the Internal Rev.
enue Bureaus intelligence unit had
told him of Emmitt's alleged state
ment concerning protection.
Bus Jury Selection Difficult.
| The prosecutor also called it RI
diculous that the Government could
be forced to try the conspiracy case
four or five times.
Attorney Goldstein expressed fear
that the prosecution would try to
use the jury-tampering evidence
against Charles and Leo Warning
if Sadur were forced to go to trial
with them. Justice Laws said he
could not pass on this point in ad-
vance, though he indicated he
would not regard it as admissible
unless the Government connected
them more directly with the plot
than by mere partnership.
Justice Laws admitted he antici-
pated selection of an impartial jury
would be lone of the most difficult
| things in this case"
The conspiracy case was set for
April "a at the close of the con-
tempt hearings which sent En-.
mitt Warning, John B. Upperman.
former deputy marshal, and three
others to prison.
The indictment charges the three
brothers and the accountant with
conspiring to defraud the Govern
ment of approximately $4,000 in
income taxes from the numbers
business. The first trial of this case
resulted in hung jury. and the
second trial was ended abruptly in
mistrial in February when the
attempts to influence jurors were
revealed.