Evening star., 1939-02-22
Laws Weighs
Jury Scandal
Evidence
Justices Decision
Affecting Seven Is
Expected Friday
BACKGROUND:

BACKGROUND:
Emmitt Warning and his
brothers, Leo and Charles, were
indicted last spring on charges OF
conspiring to detraud Gouern-
n1ent of income tares from num-
bers game. First trial resulted in
hung jury. Second trial ended
abruptly in nnistrial WIten charges
OF jury tampertng were made.
Emmitt and sir others eventually
faced contempt citations.
BY CARTER BROOKE JONES.
The Warning jury scandal was in
a lull today while Justice Bolitha J
Laws studied the evidence and seven
men awaited his decision on issues
Of fact and law Friday At least four
Of them awaited sentence.
Justice Laws took under advise
ment yesterday the case of Harry T.
Whelan and William B. O'Connell,
defense attorneys in the Warning in
come tax case. They were charged
with making John B. Upperman.
deputy marshal and jury custodian
gifts Of money. They denied this
and fought the case vigorously.
The District Court justice also had
under consideration the case of Carl
T. Denekas, juror at the second
Warning trial. Denekas broke" the
whole scandal by giving statement
to Chief Deputy Marshal Mike
Kearney several days after the trial
started Later Denekas testified, ad-
mitting he had let himself be ap-
preached by Harry Fine. Warning
go-between. and offered $500 If he
would favor the Warnings. The juror
also admitted he met Emmitt, who
tried to give him an advance of s100.
which he refused. Denekas, however
pleaded innocent and his counse!
raised certain legal objections to his
being adjudged in contempt. The
court promised a decision Friday.
Four Face Penalties.
The court also will mete out penal
ties then to:
Emmitt Warning. who pleaded
guilty He was charged in four
counts with sending Fine to Offer
Denekas money and approaching
the juror directly and with sending
liquor to jurors through Upperman
Upperman. who also pleaded guilty
and testified for the Government
The veteran court attache said he
received various packages of liquor
vryt,fnh vSeySotft cay1f fNr fhA {y1rNrc
Certain jurors drank part Of this
whisky, according to Upperman
The confessed Warning tool also tolc
of allegedly receiving $40 from Mr.
O'Connell while the jury at the first
trial was out and 500 from Mr.
Whelan after this trial had ended ir
a hung jury. Emmitt contradicted
this version. declaring he gave Up.
perman $110 and the attorneys hac
nothing to do with it.
Fine. another who pleaded guilty.
admitting his part in the plot tc
Elk" Denekas.
Quinlan Found Guilty.
Thomas Harrison Quinlan, who
pleaded innocent. but was found
guilty by Justice Laws yesterday.
Quinlan admitted he went over the
jury list with Emmitt, agreed to
investigate two jurors and did make
inquiries about them. A fellow EN-.
ploye testified that Quinlan asked
him if one of these jurors could be
fixed" and was told no. that the
juror could not be approached.
Justice Laws asked the attorneys
representing defendants who have
admitted their guilt or been ad.
judged in contempt to submit any
thing regarding their past record;
which might guide him in imposing
sentence. He pointed out that there
were no statutory limitations or
sentences in this type of crimina.
contempt. but the extent of the pun.
ishment was entirely in the discre.
ton of the court.
! Hearings spread over nearly two
weeks brought intimate details OF
the scandal, first revealed when JUS
tice Laws interrupted the tax trial
to announce that serious charges
had been filed with him and he had
asked United States Attorney David
A. Pine to investigate them ex-
haustively.
Emmitt Waits in Jail.
Emmitt Warning is in District Jail
awaiting a penalty that may be any
term of imprisonment Justice Laws
may determine. The youthful look
ing racket chieftain is behind the
bars for the first time in his career.
His brothers, Leo and Charles CRags)
Warning, were not involved in the
jury -tampering charges.
The 57-year-old Upperman. broken
and aged since he confessed and
went through the ordeal of hours on
the witness stand, still is in the pro-
tective custody" of the district at
torney. under guard at hotel.
Denekas, Quinlan and Fine are
out on bond. The accused law part
ners, Whelan and O'Connell, were
allowed to give their personal bonds.
The all-but-forgotten Warning in
come tax case may be set for retrial
when the contempt proceedings
which interrupted it so dramatically
are completed. Justice Laws held
the tax indictment in allegiance until
further notice.