Evening star., 1948-05-10

NEW YORK.-WATERY LANDI
plane rests in waters of F1uShir
north end of the field yesterday
|. tine training flight. All escaped
ican officials said the plane W;
he saw smoke pouring from a
helped focus the attention OF Con-
gress on the Capitals gambling
racket, and the legal changes sought
became part of the District code
April 5, 1898.
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 a 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. or
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 OF 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 a
lottery. felony, now could be made
against a defendant arrested with
numbers slips in MS possession.
But a prima facie case not being
a conclusive case. police and prose-
cutors were glad to have the addi-
tional weapon of the new misde-
meanor. charge which might produce
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 a batch of numbers
slips, even though a charge of
operating lottery was not made
to stick They also could be fined
up to $500 on the misdemeanor
charge.
Violat0rs 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 a 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 go to Dis
trict Court via the grand jury after
arraignments in Municipal Court or
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, So were charges of possession
of lottery slips. 8 we're operating a
lottery, were permitting gaming
and were accepting a bet.
Judge George D. Nelson, known
as 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
come before him on the slips pos
session charge pleaded not guilty
and demanded a jury trial. They
turned up later in the jury branch,
then presided over by Judge Almond
w. Scott, and changed their pleas
to guilty. Each was fined $50.
The 14th in the group pleaded
guilty before Judge Nelson He was
sentenced to 80 days in Jail and a
fine of $100, with an additional 30
days to be served in lieu of paying
the fine. The Jail term was sus-
pended
During April and May, Judge
Ellen K. Raedy sat in the United
States Branch. No one asked for
jury trial on a slips possession
charge when arraigned before her.
On plea of guilty, the usual
penalty was a $50 fine or 60 days in
Jail. Almost all the defendants were
able to produce the money.
In the SO cases. there were As
pleas of guilty, including those of
the 13 who avoided Judge Nelson
by asking "a jury trial and then
changed their minds.
In seven cases, $50 collateral was
forfeited on failure OF the defend
ants to appear in court.
Fourteen Cases Dropped.
Three defendants were held for
grand jury action on the charge Of
operating a lottery.
Six motions to quash the arrest
were granted.
| Fourteen cases were dropped by