Evening star., 1939-02-19
By CARTER BROOKE Homes

investigators working out OF the
United States attorneys Office yes
terday struck the warm trail of a
numbers game syndicate that as
sertedly has clientele inside the
District Courthouse. One arrest was
made last night.
This latest collateral development
in the swift-spreading Warning
scandal was revealed while hearings
in the seven contempt citations on
jury-tampering charges were in re-
cess until Tuesday.
Other new phases of the laby-
rinthine case were:
l. Another deputy United States
marshal. Clayton Gasque, resigned
at the request of Marshal John B.
Colpoys. Gasque, according to testi-
mony at the contempt hearings, al
lowed photographers to take pictures
OF Charles Rags Warning at Union
Station while he was in custody
en- route to the Atlanta Penitentiary.
The marshal said there also were
"other things against Gasques
record.
2. Justice Bolitha j. Laws, after
holding session yesterday, ad-
journed all the contempt cases until
Tuesday, with decisions not yet
reached on the three defendants who
are fighting their cases.
Evidence Heard on Lawyers.
3. Testimony was completed ten
tatively in the case of Harry T.
Whelan and William B. O'Connell,
defense attorneys in the Warning
income tax case, who deny charges
that they gave Upperman a total
OF $110 during and after the first
trial. But additional evidence may
be presented when this case is re-
sumed Tuesday and arguments of
counsel are yet to be heard
4. Emmitt Warning, John B. Up
perman, ousted deputy marshal who
was jury custodian at both trials,
and Harry Fine, Warning go-between
detailed to approach a juror, await
sentence, probably Tuesday, on their
pleas of guilty.
S. Attorneys for Carl T. Denekas,
juror at the last Warning trial. and
Thomas Harrison Quinlan. alleged
to have inquired about two jurors
for Emmitt Warning. planned to
submit additional legal authorities
in their efforts to break down these
contempt cases.
The courthouse numbers angle
grew out of testimony which Thomas
R. East, a suspended deputy mar
shall. gave yesterday at the Whelan-
O'Connell hearing East, discussing
his statement that Upperman flashed
500 bill shortly before Christmas,
remarked that he had thought noth-
| ing of this at the time, since Upper
man was in the habit of showing
smaller sums when he won on racing
or numbers bets.
duplicates Court Employe.
Justice Laws called Upperman
back to the stand and asked him
about his gambling. The confessed
tool of Emmitt Warning in the plot
to influence jurors readily admitted
he had been in the habit of playing
the numbers and the races. Asked
with whom he placed his numbers
bets, Upperman said: August, they
called him."
What was his other name?" the
court demanded
Il never knew his other name"
Upperman replied. He worked at
the courthouse"
What kind of work does he do?"
He is porter"
Under the employ of the mar.
shal?"
"Yes, sir. I think he comes under
the marshal's Office"
Upperman, pressed further, said
he didn't know whether this man
was connected with the Warnings;
he never had asked him.
AS soon as court adjourned August
F. Foremen, 48, colored porter and
elevator operator at the courthouse,
was arrested by Detective Allan
Baker, attached to the United States
attorneys Office, who acted at the
direction of Assistant United States
Attorney John J. Wilson, a prose-
cutor in the Warning case. Fore
men was booked for investigation at
police headquarters, then taken to
the district attorneys Office and
questioned. What information, II
any, he gave was not disclosed, but
later he was released in custody of
his brother, Charley Foremen, mes
senger to Justice Peyton c. Gordon.
Mr.. Wilson said the implication in
Upperman's testimony that some
numbers outfit had the courthouse
in it's territory was being investi-
gated, with the hope of uncover.
ing the higher-ups if the assump-
tion proved true. He conferred with
United States Attorney David A.
Pine and later with Capt. George
M. Little, head of the vice squad,
on the situation.
While this collateral phase Of the
(See WARNING, Page A-5)