Evening star., 1939-02-17
Wurriinq
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that he was approached by Fine
and was offered $500 on behalf of
Emmit Warning shortly before the
trial
Wilbert McInerney, attorney for
Quinlan, said his client would con-
test the contempt citation on legal
grounds, while admitting the facts
charged in the Governments petit
ton, which were to the effect that
he discussed certain jurors with
Emmitt Warning before the trial
and tried to get information about
them.
Whelan and O'Connell denied in
their answers that they gave any
money to Upperman, as he declared
on the witness stand, and declared
they did nothing improper in the
entire case They termed Upper
mans statement that OConnell gave
him $40 during the first Warning
trial and that Whelan handed him
500 after that trial entirely false.
General Denial Entered.
Representing Whelan and O'Con-
nell in the contempt proceedings in
addition to Mr.. Marshall were At
torneys Michael M. Doyle, E. Mason
Welch and William A. Gallagher. A
general denial of any wrongdoing
was contained in answers filed by the
lawyers for Whelan and O'Connell
with Charles Coffin, chief deputy
clerk of District Court, shortly be-
fore 10 o'clock today. These answers
were taken Immediately to, Justice
Laws court.
Mr.. Gallagher is a former assistant
United States attorney. Mr.. Mar
shall assisted in drawing up the new
rules for civil procedure as mem
Der of special committee appointed
by the court.
Rumors Of police graft were under
investigation meanwhile.
Fines Aid Mentioned.
In announcing that Fine pleaded
guilty, his attorney, Horace Young,
reminded Justice Laws that with
out Fine it would have been impos-
sible for the Government to convict
the persons really guilty in this
case. The attorney said Fine had
not known he might be prosecuted
when he agreed to be a Government
witness.
United States Attorney David A.
Pine, recommending that Fine be
released on bond pending sentence,
said he, Denekas and Quinlan had
"co-operated fully" with the Gov
eminent in uncovering the plan to
influence jurors corruptly, and
readily agreed to the suggestion that
without them the Government
could not have proved the charges
The attorneys for Whelan and
O'Connell then announced they
were ready to proceed with the
hearing in their case, and Upper
man was called back to the stand
Upperman began by repeating the
testimony he gave last week, declar-
Ing that O'Connell slipped him $40
while the jury was celebrating and
told him to see the elevator boy at
the Continental Hotel, where the
jury was staying. Upperman in
sisted that Whelan gave him 500
more after this trial had ended in
hung jury, apologizing for not CIV
ing him more by explaining that
this was all he could get.
Renewed Curtailed Note.
The deputy marshal said he used
the 500 to curtail bank note OF
$3.50, obtaining a 90-day renewal.
Upperman said that the only time
he discussed the case with jurors
that he could recall was when one
of them mentioned that the War
ring boys were not so bad and he
said mo, I don't think so, either"
Asked if he had ever obtained
money from either of the lawyers
before, Upperman said over year
ago he borrowed $5 from Mr. Whelan.
Mr.. Pine asked If he had paid this
back, and the officer said he had not.
The witness again mentioned the
Christmas gift of S. which he said
he and two other deputies each were
given by Mr.. Whelan last December.
Upperman was subjected to
searching cross-examination by Mr..
Doyle, in which Justice Laws joined.
Jury List Furnished, He Says.
Upperman testified that four or
FIVE days before the second Warning
trial he furnished Mr.. Whelan with
q list of jurors in another court,
either Criminal Court No. or No.
2, he did not know which.
He asked me-" Upperman added,
'if I expected I would be with the
next jury" This meant the War
ring jury, Upperman explained.
When he told Mr.. Whelan that
he expected again to be custodian
of the Warning jury, Upperman said
the lawyer said "ThatT be fine"
Upperman added: Something was
said about being on the lookout
for u.s."
Justice Propounds Queries.
Justice Laws took over the ex-
animation at this point and these
questions and answers followed: