Evening star., 1948-05-08
Maher 10 Advise
PoIiceChief on
Gambling Cases
Assigned to Assist
On Legal Problems
In Enforcing Law
By Chris Mothisen

lice SupL. .RODeTG u. bdrTeIt, VINO
wants to make certain a special
grand jury understands how
difficult it is to break up gam
bling.
Commissioner John Russell Young
announced yesterday Special Assist
ant Corporation Counsel Daniel B.
Maher had been assigned to assist
Maj. Barrett in preparing an ex-
position of the legal problems"
which confront police in enforcing
gambling laws.
Mr.. Young told reporters the as
signment had nothing to do with
the investigation of gambling in the
Washington area to be conducted
by the special grand jury. The jury
will be impaneled May II in Dis
trict Court.
In New York for a week end Of
rest, United States Attorney George
Morris Fay was not available for
comment on Mr.. Maher's assign
ment. In connection with a report
that Mr.. Fay had dropped in on
Mayor O'Dwyer for advice on how
to conduct the investigation. friends
of the prosecutor said he had ar
ranged the New York visit weeks
ago.
The two are friends. having met
during the war at Wright Field,
Ohio, when Mayor O'Dwyer. then
a colonel, was investigating bribery
case and Mr.. Fay was assigned by
the Justice Department to assist.
Also working on the case as an
aide to Mayor ODwyer was John
Murtagh, now New York commits
sioner of investigation.
Mr.. Murtagh told The Star he
did not know Mr. Fay was in New
York, nor had he an appointment
to see him about the gambling in
vestigation. The fact that Washing
ton was investigating gambling was
news to him, Mr.. Murtagh said.
Will Advise Barrett.
Mr.. Maher will advise Mai. Bar
rett on the technical aspects of
gambling cases, both before and
after arrests are made. Mr.. Young
explained. Further. he stated, Mr..
Maher will be available to give Maj.
Barrett advice in the event Mr. Fay
asks additional cooperation of the
Police Department in the gambling
inquiry.
Maj. Barrett has written Mr.. Fay
he wants to testify before the spe-
cial grand jury. Mr.. Fay has In
formed him this 'is in accord with
our plan to have those most familiar
with the facts outline to the grand
jury the whole situation and the
problems which it presents"
The big problem, Maj Barrett
and 1t. Roy Blick, head of the vice
squad, have stated repeatedly, is to
obtain evidence that will stand up
in court. They point out there's
little purpose in arresting gamblers
if they can't be convicted.
Mr.. Fay proposes to offer the spe-
cial grand jury information indicat-
ing the gambling industry here
crosses in excess of $l00,000,000 a
year.
Realizing this might give rise to
among the jurors. Maj.
Barrett is anxious to point out
cracking the gambling racket is
more than a matter Of arresting
known gamblers.
If Maj. Barrett appears before
the grand jury, Mr.. Maher's assist
ance presumably will be available in
of the material the
wishes to offer.
At the District Building, it was
pointed out, police methods in deal
ing with gambling operations are
restricted by court rulings on the
nature of acceptable evidence. Mr..
Maher will be ready to advise in the
planning Of raids and in the de-
cisions on charges to be placed
against those arrested, it was
The last formal contact between
Mr.. Fay and Maj. Barrett was a
letter sent the latter yesterday in
which Mr.. Fay stated his only i'm
mediate interest in police activity
toward preparing for the grand jury
study was in obtaining the addresses
of some 1873 bigger gamblers"
known to police.
Mr.. Fay had stated in previous
letter he appreciated Maj Barretts
offer of as many police investigators
as might be needed by the United
States attorney. He added, how
ever, he felt the pattern of the in
vestigation should be set by the
grand jury.
Maj. Barrett agreed this was
good idea but asked that Mr.. Fay
let the grand jury know he was
willing to supply investigators. The
added he'd like to
be told whether Mr.. Fay wanted 1t.
Blick to continue work with spe-
cial detail on getting some informa-
tion wanted by Assistant United
States Attorney John w. Fihelly.
To this, Mr.. Fay pointed out this
merely was the list of gamblers
addresses and said he didn't think 1t
was use of special investigators In
the manner suggested by Maj. Bar
rett in his offer.
Mr.. Maher has been in a sort OF
rowing assignment status since he
became special assistant corpora
ton counsel. An assistant United
States attorney in charge Of civil
he resigned that post to
assume his duties with the District,
which began last November 10.
1t was explained, when the ap-
pointment was announced october
81, that Mr.. Maher would carry
out such special Investigations as
might be decided on from time
to time. His work largely has been
distinct from the routine legal
duties of the Office headed by
Corporation Counsel Vernon E.
West.
Mr.. Maher was designated the
prosecutor in the civilian trial
board proceeding which resulted in
the acquittal of Fire Chief Clement
Murphy on charges he had de-
moralized the fire department.
Last month he was named chair
man of a seyen-man Commissioners