Evening star., 1948-07-02
Fay Will Seek
Fe|onyCharge:s
In Gaming Cases
Municipal Court Will
Be By-Possed When
Possible, He Hints
By Chris Mothisen

Morris Fay apparently has decided
to bypass Municipal Court proceed
ings wherever practicable in gam
bling cases he believes would justify
felony indictments by grand jury
There was an indication OF this
Wednesday, when numbers case
brought into the court was dropped
by Mr.. Fays Office with the explana-
ton the evidence presented by police
would be taken before the July term
regular gand jury, which will be
impaneled Tuesday.
Although Mr.. Fay would not COM
ment, another hint of his intention
appeared yesterday among the in
dictments returned by the April
term regular grand jury, as 1t COM
pleted its work.
One of the 30 persons indicted,
Novella Coghill, 81, colored, first
block Of Patterson street NE, was
accused of operating lottery and
possession of lottery slips.
Wednesday, however, her case on
charge of possession OF lottery
slips only was called in Municipal
Court. and a continuance to July 13
was granted by Judge Ellen K
Raedy at the request of Mr.. Fay's
Office.
Lawyer Objects.
The Woman's lawyer, James K
Hughes. objected to the continuance.
He said he wanted to go to trial
Immediately on the misdemeanor,
but Judge Raedy explained she had
other court matters which prevented
this.
Mr. Hughes told reporters he pro-
posed to prove his client was only
numbers customer who had no con-
nection with the operation of
numbers business.
He added he would argue that the
prosecution of customer possessed
of numbers slips was illegal and re-
called the purchaser of illegal liquor
during prohibition had been held
not liable to prosecution.
BY yesterdays grand jury action.
however, the woman stands accused
of Involvement in the operation of
lottery, felony.
According to the police report, she
was arrested June 16 in house near
her own home. She was seated at
kitchen table and had with her a
purse containing numbers slips, it
was alleged.
Two Others Indicted in Case.
Z T~l,
Johnson, 40, both colored, described
as the occupants of the house, were
arrested at the same time and were
indicted yesterday on the same
charges.
The United States attorney may
present any felony evidence coming
to his attention directly to the
grand Jury. In most cases, how
ever. the grand jury has received
cases after defendants have been
held for it's action by United States
Commissioner Needham C. Turnage
or Judge of Municipal Court.
The legality of certain arrests on
gambling charges have been at
tackled successfully by defense at
torneys in Municipal Court, and 1t
has been speculated Mr.. Fay wants
to get as many cases as possible
into District Court by taking them
directly to the grand jury.
If Mr. Hughes client pleads not
guilty, his argument will be heard
by District Court judge.
Indictments at High Peak.
Yesterdays total of gambling in
dictments was the largest returned
on a single day in the recent mem
ory of court officials. The figure
was explained in part by the fact
the April term grand jury, which
had not made any returns for al
most two weeks, was clearing its
docket preparatory to being dis
charged.
The cases were varied. Among
the police statements the regular
grand jury heard were these:
An undercover man, making a
numbers play with marked money,
was told by the man later arrested
he also took horse bets and would
be glad to have the customer" take
part in a dice game being arranged
for that evening.
A night clerk at a small down.
town hotel was found to be taking
numbers bets as a sideline.
Took Bets as Convenience.
A market proprietor declared he
made no money on the numbers
bets he accepted and merely was
taking them AS a favor to "the
bread man" The bread man said
IL of the SO customers on his route
turned over numbers plays to him
when he delivered their bakery
orders.
An undercover man found
numbers writer in business when
he entered an establishment to
obtain evidence of alleged illegal
whisky sales.
A raiding party found horse bets
being taken by telephone, and a
detective made pretense Of carry
ing on the business for awhile
after the occupants of the place
were arrested.
Undercover men were able to place
numbers bets in two groceries and
a public garage.
Several of the persons indicted
yesterday were to be arraigned today