Evening star., 1939-02-25
By CARTER BROOKE JONES.

IdWpeTlHg UeTe WUue.
BY CARTER BROOKE JONES.
Further investigation of the devi-
Gus and tangled trail blazed by the
Warning scandal was in prospect to-
dav as five men prepared to begin
prison terms for parts they played
in the plot to influence jurors at the
two numbers game income tax trials.
With Emmitt Warning, who once
sat on the throne of a $2.000,000
gambling empire. ready to start
term of two years and two months
and the other four beginning lesser
sentences. investigators were plan
ming to run down some of the clues
to possible new revelations that lurk
between the lines in the transcript
of testimony at the contempt hear
ings just closed.
Investigators were impressed by
the words of Justice Bolitha J. Laws
in the opinion he read in District
Court yesterday. He was not, he
said. satisfied the investigation has
revealed all of the true facts" He
added there were many suggestions
which have not developed full and
complete answers" 1t was apparent
to him. however, that the investiga-
ton had aroused many agencies,
and it will be reassuring to the court
as we'll as the public in general if
these agencies will carry on after
the court proceedings have been
concluded"
Pine to Study Case.
United States Attorney David A.
PAe, who conducted the probe at
the direction of Justice Laws, had
no comment to make at the moment
on the possibility of new develop
ments, but he planned to give the
case renewed study and to take up
certain potential leads uncovered in
the course of the inquiry. Detective
1t. Earl P. Hartman, ace headquar-
ters investigator, in charge of police
work for Mr.. Pine, was reported
following some uneXplored paths in
the Warning maze.
The next definite step is to reset
the Warning income tax case for
trial. Justice Laws directed the at
torneys to be in court at 9:45 am.
Wednesday for this purpose. The
third trial is expected to be set for
an early date.
Emmitt alone of the Warning clan
was implicated in the jury-tamper-
ing plot. His brothers. Leo and
Charles (Rags) Warning, face a third
trial with him on the charges of
conspiracy to withhold income taxes
on the numbers business. A fourth
defendant, Gordon L. r. Sadur, pub
lie accountant, also is charged in
the indictment. though he also was
not involved in the jury scandal.
Bonds Were Increased.
The three Warning brothers had
their bonds raised from $4,000 to
$4,000 each when Justice Laws first
ordered the jury-fixing charges in
vestigated. The court announced
yesterday that motion to reduce
the bonds of Leo and Charles to the
former figure would be entertained.
Emmitt has been in District Jail
since he pleaded guilty to four con-
tempt of court counts. Where he
will serve his 26 months will depend
on the recommendation of Ray L.
Huff, director of District prisons. Mr..
Huff was out of town today and
it was not known at his office what
action would be taken. At the Fed
eral Bureau of Prisons it was said
that District prisoners are sent to
Lorton Reformatory unless the au-
thorities there request some other
prison be designated, in which case
the prisoner is sent to Atlanta.
Leavenworth or some other Federal
penitentiary. The sentences of Fed
eral courts no longer designate the
prison, but merely fix the term.
John B. Upperman, former deputy
United States marshal, who as jury
custodian at both Warning trials ad-
mittedly aided Emmitt Warning in
his plans to influence jurors, is ex-
pected to serve the year to which
he was sentenced either in District
Jail or at Lorton.
The others, who will serve shorter
terms in the local Jail, are Harry
Fine, go-betWeen who approached
the Juror, Carl T. Denekas, with an
offer of 5000 before the second trial,
six months: Thomas Harrison Quin-
Ian, who Investigated jurors for
Emmitt Warning, three months, and
Denekas, two months.
Three Pleaded Guilty.
Emmitt Warning. Upperman and
Fine pleaded guilty to all the
charges against them. Denekas and
Quinlan pleaded not guilty Oh legal
grounds, but admitted virtually all
the facts alleged by the Government.
The court adjudged them in con-
tempt.
Harry T. Whelan and William B.
OConnell, former attorneys for En-
mitt Warning, were cleared of impli-
cation in the jury scandal. Justice
Laws dismissed the contempt cita-
tions against the law partners after
a complete hearing
In getting himself enmeshed in
the jury plot, Emmitt Warning
jumped from legal frying pan
into a judicial fire. If he had been
found guilty on the income tax con-
spiracy charges, the most he could
have received was an indeterminate
sentence of from four months to two
years, according to the prosecutors
in this case. Two years is the maxi
mum for conspiracy and the mini
mum cannot exceed one-fifth of the
maximum, they pointed out. In
contempt, however, the indetermi-
nate sentence law does not apply
and the courts may impose straight
prison terms. Emmitt received one
of the most severe ever dealt for
such an offense.
Moreover, the diminutive gambler
still faces trial on the income tax
indictment.