Evening star., 1948-07-23

tlon Tor poStponement, Justice Nor.
ris agreed with Assistant United
States Attorney Charles B. MURRAY
that the case probably could not b.
heard within a week because thu
Government proposed to call more
than 80 witnesses. It had beer
scheduled to begin Monday before
Justice Morris. The Judge is slated
to complete his summer recess as.
signment the following Friday.
Justice Morris noted Nelson and
Leake had been free on bond. He
said he saw no particular hardship
on the defendants in postpone
ment."
Attorney Bernard Margolius and
Curtis P. Mitchell representing
Nelson and Leake, respectively
pointed out there had been number
OF delays in the case and noted the
total of Government witnesses had
increased after each postponment.
The tentative new trial date is
September 20.
Elsewhere in District Court today
Justice Alexander Holtzof sent two
numbers men to Jail and gave pro-
baton to three other persons brought
before him on gambling charges.
Those Jailed are Arthur McGant
Al, OF the 2700 block of Thirteenth
street NE. sentenced to serve from
two to six months, and Ralph A.
Frazier, 48, of the 3700 block of
Grant street NE, sentenced to
serve from 80 to 80 days. Both are
colored.
All Five Pleaded Guilty.
Andrew Burr, %, colored, of the
400 block of Elm street NV. was
given a suspended Jail sentence of
from two to. six months and placed
on probation for two years, as were
Annie Robinson, 80, and John I.
Robinson, 43, both colored Of the
600 block Of @ street NV.
All five defendants had pleaded
guilty to charges of operating lot
terry and possession of lottery slips.
Police reported undercover men had
made numbers plays with them.
United States Commissioner Cyril
S. Lawrence today continued for
one week the cases of nine men
arrested on numbrs charges in a
street raid July IS at Thomas Circle.
The postponement was requested by
the Government.
In denying a motion to suppress
evidence in a numbers game case
Yesterday, Justice Holtzoff said re-
cent Supreme Court reasoning had
not diminished the broad powers of
police to conduct searches and seiz-
ures in connection with lawful ar
rests.
A few minutes later, however, he
found the defendant not guilty, on
the ground of insufficient evidence.
James K. Hughes, attorney for
Novella Coghill, 81, colored, of the
first block of Patterson street NE,
had moved to suppress the evidence
against his client-two numbers
slips the Government charged were
found in her purse.
Miss Coghill admitted she had
the slips but insisted they were
receipts for her own numbers plays
that she was only a customer.
Questions Right Of Search.
Mr.. Hughes argued police had
no right to search her, since their
official interest was in two other
persons they believed to be engaged
in the operation of a lottery. He
recalled his client was charged orig
inally only with possession of lottery
slips-a misdemeanor-and was in
dicted later on that and the addi-
tional charge of operating a lottery
a felony.
His point was that police should
have had an arrest warrant naming
Miss Coghill or should have seen
the commission of a miSdemeanor.
if they wanted to arrest her on the
lesser charge.
Justice Holtzoff held, however,
the arrest could be viewed as hav-
ing been made for the purpose of
charging her with the felony and
therefore required only probable
cause"
With his motion denied, Mr..
Hughes then stated his client wished
to waive jury trial and be tried by
the court on the evidence already
offered in support Of his motion.
There was no Government objec-
ton.
We'll, this presents an altogether
different situation" Justice Holtzoff
said of this maneuver.
He decided he hadn't been given
enough evidence to prove Miss Cog
hill guilty, a question he explained
he had not been required to meet
in ruling on the motion.
Two Try to Change Pleas.
Saving the court further time
Mr.. Hughes then announced the
other two persons charged with the
same ofenses as result of the
raid June 16 wished to change their
pleas from not guilty to guilty.
They are Ell johnson, 40, ard
Louise E. johnson, 43, both colored,
who live in the first block OF Pat
terson street NV.
Justice Holtzoff referred their
cases to the probation officer for
investigation. in advance Of SEN
fencing.
$50, 900 in Bonds Purchased
Nearly $4,000 worth of Savings
Bonds have been bought by civilian
employees Of the Military District of
Washington under the payroll de-