Evening star., 1941-05-10
Case Of Burko
Expected 10 Go
Jury Monday
Testimony Tells Of
Alleged Controversy
Among Judges

A picture of smouldering con-
troversy among Police Court judges
was presented in testimony in the
case of Joseph R. Burko. dismissed
Police Court clerk, when evidence
was concluded in District Court yes
terday, the third day of the trial
The controversy according to
Burko, who is on trial for splitting
traffic fines. grew out of antagonism
on the part of Police Judge Walter
j. Casey and Edward M. Curran,
former police judge, now United
States attorney, for Judge Hobart
Newman and the defendant himself.
Justice F. Dickinson Let's dis
missed the jury for the week end to
report Monday morning. He ad-
monlshed the jury of IL men and
woman not to talk to any one about
the case, not to allow any one to
talk to them, not to read about it, or
even to listen to it on the radio.
Final Arguments Monday
Prosecution Counsel Allen j.
KrouSe and Defense Counsel James
j. Laughlin plan final arguments of
about an hour each Monday and
Justice Let's probably will give the
case to the jury about the middle of
the day.
Mr.. Curran was the last witness
In rebuttal for the Government yes
terday. He testified concerning a
remark which Burko previously had
denied making about Judge New
man
During a conversation Mr. Curran
said he had with Burko, the latter
had called Judge Newman by an
uncomplimentary epithet because
Judge Newman had declined to get
a continuance of the meeting of the
Board of Judges so that Burko could
resign instead of being dismissed.
Didn't you say to Burko, 1T looks
like Judge Newman let you down."
asked Mr.. Laughlin.
Il did not" replied Mr.. Curran.
F. B. 1. Holds Records.
Confidential records of the De-
partment of Justice investigation
into the court record of Judge New
man were subpoenaed by the de-
fense, but Frank Holloman, special
agent from the Federal Bureau of
Investigation, appeared with a rul-
ing by Frank Murphy, former At
torney General and message from
j. Edgar Hoover, director of the
bureau to the effect that the records
could not be disclosed, because they
were confidential. Justice Let's, up
holding this position, refused to
order the records produced This
investigation. Burko had told the
jury previously, had given Judge
Newman clean bill of health"
Since the defendant is on trial for
having split traffic fines with for
mer Police Court baliff. in cases
where court records were changed
to show sentence suspended" and
personal bonds taken, defense coun-
sci asked Mr. Curran if in his ex-
had ever suspended sentence in
chambers in the absence of defend
ant. Mr., Curran replied that to the
best of his knowledge he never had
used such practice.
Newman Testifies.
Judge Newman earlier yesterday
took the stand, defended his former
clerk, and testified to his good
reputation" for both honesty and
truthfulness." He complained his
clerk had not been given a real hear
ing by the Board of Police Judges.
Another factor to show difference
between the judges the case of Mat
tie Edwards, shoplifter. was finally
put into the record yesterday after
repeated unsuccessful attempts by
the defendant. Burko testified that
Judge Newman had sentenced the
woman, but that when the case came
up later before Judge Casey the
sentence was changed to a suspended
sentence, the woman put on proba-
ton and she left town, following
Intervention of Representative Sam
Hobbs, of Alabama This made
Judge Newman indignant, Burko
said.
The mysterious yellow paper in
handwriting, which the defense ap-
parently had been holding to show
alleged opposition of former Judge
Curran to Judge Newman, never was
completely disclosed to the jury.
Burko testified a reporter of a news
paper mot The STAR who had been
writing articles critical of Judge
Newman had passed the paper to
Judge Curran, who read it, tore it
up and recessed court. Mr.. Curran
later said he might have seem the
paper, but couldn't remember it.
Several more character witnesses
appeared yesterday for the de-
fendant.
Several Changes Involved.
Burko is now standing trial under
an indictment charging him with
conspiracy to commit embezzlement,
larceny, forgery of court records and
misconduct in Office, to which his
fellow defendant, James Edward
Sullivan, former Police Court bailiff,
has pleaded guilty and testified for
the prosecution.
Whether the Government will pro-
ceed to trial with the other indict-
ments against Sullivan and Burko,
at the close of the current case, has
not yet been disclosed. In all, IA
indictments, naming either one or
both, have been returned by the
grand jury.