Evening star., 1939-02-18
Worrinq
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VCoilIlnueo from First Page.)
seeing Upperman flash money, be-
cause the jury custodian often
dropped into the marshal's offices in
the morning and showed money he
had won the day before on "parlays"
or on "the lucky number"
Justice Laws asked East whether
the marshal had been informed that
Upperman was gambling and the
deputy said he didn't know. When
East was excused, Justice Laws said
that, although it had nothing to do
with the Whelan-O'Connell case. he
wanted to question Upperman fur
ther for guidance in passing sentence
on the deputy next week.
Upperman was called back to the
stand and this colloquy with the
court followed:
q. When you were deputy
United States Marshal, did you en-
gage in gambling on horse races?
A. Yes, sir.
Q. Did you also make bets on the
numbers?
A. Yes, did.
Q. Were the persons with whom
you placed numbers bets connected
with the Warnings?
A. Absolutely not.
! u. VINO was the pickup man?
A. He was fellow named Angus
! tus.
Quizzed on Connections.
@, Do you know whether or not
ne worked for the Warnings?
A. Well, no, don't know.
Q. You don't know that he voc
not connected with the Warnings?
A. No, I don't.
q. Did you ever ask him?
A. No.
y. DID the situat ton ever occur to
you that, there you were. playing the
numbers and you were in charge of
the jury at the Warning trial?
A. No, it never did.
q. Did you recently 20 to Mr.,
Wnelan and say that you were 90
ing to Atlanta and wanted to get in
touch with Emmitt Warning and
flnd out If he wanted to send any
messages to any friends?
A. Yes, I did.
Q. Did you 60 to Atlanta?
A. Yes, sir. About a month ago.
Q. What did Mr.. Whelan tell you?
A. He said he would make an ef-
fort TO get in touch with Emmitt.
@. Was anything said about who
these friends were?
A. I think something was men,
toned about Sam Bond.
@. Did you see Mr.. Whelan about
the matter again?
A. Yes. went back a second time
and he said he had been unable to
get in touch with Emmitt.
Called for RebuttaI.
United States Attorney Pine called
on rebuttal Special Agents Swain
and Dawson in an effort to break
down Mr.. OConnell's accounts of
his movements the night of De-
cember 2 after the jury at the first
income tax trial took the case. The
accused lawyer had said he left the
courthouse by 6 pm, and did not
return but spent the evening with
members of his family. The two
agents, however, said they saw him
with Emmitt Warning about 8
o'clock that night at the court
house and that Mr.. O'Connell then
described the alleged encounter with
the F. B. I. chief. They said the
attorney told them he and Emmitt
had dined at the Occidental Restau-
rant that evening and Hoover had
greeted them and said: "Emmitt, I
wish you luck"
Mr.. O'Connell went back on the
stand and denied that he even had
dined at the restaurant that night.
He said he and Emmitt mad taken
dinner there few nights before.
He denied that he ever told the two
Federal agents that Mr.. Hoover
made any such remark.
Emmitt Warning, called back to
the stand, said he remembered din
ing at the Occidental with his at
torney one night but could not say
whether it was the night the jury
went out or some other night.
Emmitt said Mr.. Hoover was dining
there with friend that night and
the friend spoke, either to him or
to Mr.. O'Connell, but Mr.. Hoover
said nothing. II don't know Mr..
Hoover" Emmitt added.
Thought it Was Joke.
Chief Intelligence Agent Cox testi-
fled that the two agents, Swain and
Dawson, reported to him at the time
that Mr.. Hoover had wished Emmitt
well and they" thought it was big
joke. The way the alleged remark
came to him, Mr.. Cox said, was that
the chief Oman was supposed to
hse e hoped that Emmitt would
beat the rap"
Mr.. Cox said he got in touch with
Mr.. Hoover and the F. B. I. director
told him not only that no such re-
mark had been made, but that he
didn't know either Emmitt Warning
or Mr.. O'Connell and that, more
over he was out of town during the
three days the jury was out.
While Emmitt Warning was on