Evening star., 1948-07-09
Six-Month Jail Tenn
In Lottery Case Stirs
Numbers Fraternity
By Chris Mothisen

By Chris Mothisen
Management and labor in the
Washington numbers game industry
had a common concern today.
Backers and employees were wons
dering whether the oIner judges OF
Municipal Court will decide Judge
George D. Nelson had the right
idea yesterday, when he sentenced
a man to months in Jail on a
charge of possessing lottery slips
the maximum straight Jail time
penalty.
Jail terms on this charge, a mis-
demeanor, have been rare. Most
defendants have been able to figure
on $50 or $75 fines.
Judge Nelson has had relatively
few opportunities to mete out SEN
tences on gambling charges in re-
cent years. Known to take stern
view of such offenses. he has been
avoided whenever possible. Lawyers
representing persons charged with
possession of lottery slips usually
have advised their clients to plead
mot guilty" and demand a jury
trial when arraigned before him.
Employers Said to Pay Fines.
Later. when an opportunity pre-
sented itself, the lawyers have been
accustomed to take the defendants
before another judge and change
the plea to guilty" in the expecta-
ton of receiving light penalty.
Employers Of numbers writers and
runners are understood to supply
funds for the payment of fines in
many cases.
The man sentenced yesterday
Newton Craig, 81, colored, of the
HOO block Of Sixth street NE,
originally was given a year in Jail
when Judge Nelson was Informed
enormously as to the maximum Jail
sentence by an assistant United
States attorney, The judge later
reduced the sentence.
Judge Nelson agreed with Craig S
lawyer that the man was a small
time operator" but commented that
penalizing such minor figures ap-
peared the only way of reaching the
"big-time operators" behind them.
A spread of this line of reasoning
to Judge Nelson's colleagues of the
Municipal Court bench would
prompt many numbers game under
lings to tell the boss he'd better get
another boy.
New Hazard Added.
The hours and pay are good in
the numbers game. The work is not
strenuous. But in calculating the
risks of such employment, the pos
sibility of going to Jail for a period
of months would give many pros
poets pause.
That was the idea in 1888, when
Congress enacted the possession of
lottery slips charge to provide stiff
penalty for numbers game figures
who could not be convicted of
operating lottery, felony.
The code amendment established
a maximum sentence of six months
in jail, or $500 fine, or both.
In general. however, the judges
have imposed fines, often in con-
junction with suspended Jail SEN
tence, and few gambling mis-
demeanor cases have resulted in the
actual serving Of time behind bars.
Judge Nelson's position on small
time operators" comedies with the
known view of United States At
torney George Morris Fay.
Mr.. Fay would not comment on
the sentence, but there were indica-
tions that his assistants concerned
with gambling cases were pleased.
The hope apparently held is that
other judges will decide to join in
jolting the numbers game combines
through, stern treatment OF their
rank and file workers.
20 Arraigned on Gaming Charges.
In District Court today, more than
20 persons indicted on gambling
charges by the April term regular
grand jury were arraigned before
Justice David A. Pine.
All pleaded not guilty, as had
been expected, and. in most cases,
attorneys requested 10 days in which
to file motions. Justice Pine granted
these requests.
Some of the cases were set for
trial late this month, but it was
considered probable most Of them
would not be heard before September.
Meanwhile. the special grand jury
which has been investigating gam
bling here apparently was to go
through a full week without a
session. 1t is not known to have
met since June 30, and, unless it
assembled this afternoon, would not
resume its inquiry until next week.
The meeting scheduled is secret,
but it is known no sessions are
scheduled for SATURDAYS. or SUNDAYS,