Evening star., 1948-05-10
Fay Te||sAides
How New York
Fights Gaming
Prosecutor Discusses
Observations on
Weekend Trip
By Chris Mothisen

MOTIlS T dy toOdJ IoiAASAASN "A'A
his two principal assistants, John
w. Fihelly and Charles B. Murray
to give them the benefit of his
observations of New York's anti
gambling methods.
Back from three-day trip, Mr.
Fav termed his conferences with
New York officials very productive,
but added he could not say in what
wavs his findings would be applied
In the forthcoming special grand
Jury investigation here.
On reaching his office, however
he met promptly with the two as
sistant United States attorneys
scheduled to assist him in picturlne
the Washington area gamollne
racket to the grand jury which Will
be impaneled next Monday.
Guest of ODwyer.
Mr.. Fay was the guest OF Mayor
William ODwyer, friend, while IN
New York. He said he talked, also
with New York Commissioner OF
Investigations John Murtagh aro
District Attorney Frank Hogan OF
New York County Manhattan.
It was while in the latter post that
Thomas E. Dewey cracked the
racketeering combine headed by the
late Dutch" Shultz, which was
founded on gambling.
Mr.. Fay said today he would well
come assistance in attacking the
gambling problem here through sucn
parallel efforts" as those OF Special
Assistant Corporation Counsel Dan
iel B. Maher. Mr.. Maher was deslg-
mated by Commissioner John Russell
Young last Friday to assist Ponce
Supt. Robert ]. Barrett in legal mat
ters related to gambling cases.
Penalties Absorbed.
Among aspects of the situation
here is the fact that Washington
numbers game men have not beer
troubled seriously by l0-year-olo
amendment to the gambling laws
which was intended to be their un-
doing.
They have been able to absorb Its
usual penalty as one of the costs
of doing business.
Growing concern about the mag
nitude of the numbers game here
led to a campaign early in 1888 Tor
STRENGTHENING of the existing law
against lotteries. Police Supt. Ernest
w. Brown and the then United
States attorney, David A. Pine. now
a Justice of District Court, pointed
to difficulties in attempting to make
court cases against numbers writers.
A series of articles in The Star
helped focus the attention OF Con-
eress on the Capitals gambling
racket, and the legal changes sought
became part of the District code
April S, 1888.
Among them was provision that
possession of any record OF numbers
game transaction would constitute
prima facie evidence that the pos
SCISSOR was engaged in carrying on,
promoting or advertising lottery.
The purpose was to aid the Gov
ernment in establishing solid cases
of operating lottery.
Second Amendment Made.
Another amendment was in this
language:
IF any person shall within the
District have in his possession,
knowingly any ticket, certificate,
bill. slip. token, paper, writing, OF
other device used. or to be used, or
adapted, devised, or designed for the
purpose of playing, carrying on, or
conducting any lottery, or the game
or device commonly known as pol
icy lottery or policy, he shall be
fined upon conviction of each said
offense not more than $500 or be
imprisoned for not more than six
months, or both
This created a new charge, pos
session of numbers slips.
The amendments became valu.
able aids to police in making arrests
A prima facie case Of operating 6
lottery. a felony, now could be made
against defendant arrested with
numbers slips in his possession.
But prima facie case not being
a conclusive case. police and prose-
cutors we're glad to have the addi-
tional weapon of the new misde
meanor charge which might produce
a conviction if the felony case were
not strong enough.
1t sounded bad for numbers men
They found themselves faced with
a new hazard. They could be sent
to Jail for up to six months If
caught with batch of numbers
slips. even though charge of
operating lottery was not made
to stick. They also could be fined
up to $500 on the misdemeanor
charge.
Violators Pay Price.
The maximum fine for the felony
charge was raised, at the same
time, from $500 to $1,000. The
penalty of imprisonment for up to
three years was retained
What has happened?
The average numbers writer has
been able to regard the probable
penalty as sort of license fee.
A substantial majority of the
numbers game cases which have
reached court in recent years have
been based on the possession of
slips misdemeanor charge They
are heard in Municipal Court.
The felony cases arising from
police antigambling work 60 to Dis
trict Court via the grand jury after
arraignments in Municipal Court OF
before the United States Commits
sioner.
A random check of gambling
cases over three months in the lower
court reveal how the average num-
bers man can calculate his risk when
arrested and feel fairly certain he
is not headed for jail.
In the months of February, March
and April, total of 83 numbers
cases reached Municipal Court. OF
these, 63 were charges of possession
OF lottery slips, 9 were operating a
lottery, 8 we're permitting gaming
and 3 were accepting bet.
Judge George D. Nelson, known
as a tough man to face on gam
bling charge, was sitting in the
United States branch of the court
during February.
Thirteen of the IA defendants to