Evening star., 1948-06-18
Jury in Recess, Giving
Fay Time 10 Review
Gambling Testimony

United States Attorney george
Morris Fay and his chief assistants
appeared to be engaged today in
reviewing testimony heard by the
special grand jury investigating
gambling here and in plotting the
future course of the inquiry.
Mr.. Fay attended the annual Ju-
dicial Circuit Conference yesterday
in the United States Court of APP
peals Building, and the special
grand jury was in recess.
1t was not known whether the
grand jurors would resume their
sessions today. There was posi-
bility they would remain excused
until next week.
The most recent testimony heard
by the special grand jury has con-
cerned the Brass Rail Casa
double shooting in cafe last jan
uary.
1t is expected the investigation
will include further attention to re-
ports Of a gambling angle in the
case.
Former operator Jalled.
In Baltimore yesterday, an ad-
mitted former Washington numbers
game operator was sentenced to four
months in Jail and fined $4,000, by
Federal District Court Justice W.
Calvin Chesnut on a charge of in
come tax evasion.
The defendant, Elbe C. Belts, 81,
colored, of the 1900 block of HagNin
street NV, was convicted On a
count involving the year 1912. JUS
tice Chestnut acquitted him on
counts concerning 1941 and 1943
taxes.
He agreed with the Governments
contention that Belts made about
$24, 1000 in 1942, but reported only
$2,036, thereby attempting to evade
8.400 in taxes.
With respect to the other years,
he said i the Government had not
proved that the discrepancies be-
tween actual and reported income
were willful. -.
Belts had admitted a gross bust
ness OF $1,000, 900 during the three
years.
Two Gambling Cases Dismissed.
Two gambling cases were dis
missed yesterday by Judge Walter
J. Casey of Municipal Court. He
ruled the defendants had been ar
rested and searched Illegally.
His decisions freed Peter T. Page,
Al, of the 1700 block of Twenty
eighth place Sc, who had been
charged with accepting bet, and
Richard E. Miller, 38, colored, of the
1900 block of Forty-ninth place NE,
who had been charged with posses
sion of lottery slips.
Arresting officers testified they
had observed persons give the men
money and had seen the latter make
notations on pieces of paper. Records
of bets were found on the men after
their arrests, the policemen stated.
Judge Casey ruled, however, police
could not have been sure they were
observing the actual commission of
a misdemeanor and, therefore. had
no right to make the arrests without
warrants.
Assistant United States Attorney
Warren Wilson argued the police
were justified, because they were
convinced the men had contra
band" on their persons.
Bouse Act Repeal Sought.
Legal limitations on arrests in
such cases have prompted Maryland
county and city police officials to
seek repeal of that States Bouse
Act.
A committee, whose members in
clude Inspector James S. McAuliffe
and 1t. Charles N. Thomson, detec-
tive chiefs in Montgomery and
Prince Georges Counties. respec-
lively. has been appointed to lead
the move.
The Bouse Act, passed in 1929,
prohibits the admissibility in court
of evidence obtained in an illegal
search, Inspector McAuliffe ex-
planned.
AS result, he said, policemen are
unable to stop and search persons
whom they suspect of playing num-
bers unless they have positive proof
before they make the arrest.
Il believe policemen would use a
lot of discretion in making such
searches" Inspector McAuliffe said,
since they would be liable to false
arrest suits unless they were pretty
sure what they would find before
making the search. If the people
really want to stop gambling this
would be along step in the proper
direction"