Evening star., 1949-12-06
.Lano Loses Plea
For Venue Shift,
Trial Due Today
Morbury Denies
Press Stories Will
Prejudice Case

The trial of Sam Lano, New
York slot machine operator
charged with threatening Brent
woodItavern keeper. was set for
today in Prince Georges County
Circuit Court after a denial of his
petition for a change of venue.
Lano, who has been called a
henchman of Frank Costello, New
York gambler, had asked that his
trial be moved to another juris-
diction because of "inflammatory"
newspaper stories. Lano has de-
MED any connection with Costello.
Judge Charles C. Marbury de-
MED the request yesterday. At
a conference in the judges cham
bers Friday, Defense Attorneys
Louis LeiboWitz and Robert w.
Mccullough submitted numerous
clippings from Washington news
papers which they said had made
it impossible for the 37-year- -old
defendant to obtain a fair trial in
L l4lSC oCol SCo SOullGy.
More Clippings Presented.
They handed up another sheaf
of clippings to the court yesterday
and asked that Lano's case be
continued until April or moved to
another county.
Judge Marbury said he had con-
sidered all the newspaper stories
the defense had presented and
had concluded that the publicity
might be expected to have a
favorable rather than an un-
favorable effect in q large and
populous county where publicity
has less effect than in smaller
counties. After considering the
evidence it cannot be said that
the news accounts have leopard
lied the defendant"
Referring to the request for q
continuance the court said:
1T is a well-known principle
that when trials are delayed they
become subject to difficulties. such
as obtaining witnesses and lapses
of memories on the part of wit
nesSes.
Further, I am unwilling to
concede that the jurors who would
be called would not act fairly
according to the evidence"
Rmoval Not Opposed by State.
Special States Attorney H. VIM
ship Wheatley, jr.. told the court
that he believed Lano would get
fair trial in Prince Georges
County, but that the State did
not oppose the request for re-
moval.
Immediately after the court an
nounced its decision. the defense
entered a demurrer which claims
the two-count indictment is mot
sufficient in substance" Judge
Marbury refused to rule on the
demurrer. He explained that the
case probably would be tried be-
fore Chief Judge John B. Gray,
jr... and that Judge Gray would
decide the issue today.
One count of the indictment.
which was returned October 81.
alleged that Lano ION August 10.
1949, with a view to gaining
money from the operation of cer-
tain coin-operated devices on the
premises of one John Duffy
feloniously did threaten to accuse
the said Duffy of a crime of an
indictable nature. to wit, the
crime of having obtained money
under false pretenses."
Lives Near Silver Spring.
Duffy operates a tavern at 1903
Rhode Island avenue, just outside
the District. Lano, who gave his
occupation as a coin machine op-
orator. formerly lived in New York
City. but for the last six months,
he said, he has lived in the 1900
block of Lebanon street, near
Silver Spring.
The case is said to have grown
out of resentment of county slot
machine distributors and mem
bers of the County Hotel and Res
taurant Association against pres
sure tactics" used by outsiders to
place their machines in favored
spots.
A total of about 800 machines
which pay off in free games are
said to be in operation throughout
the county. Slot machines with
cash payoffs were legalized in
Prince Georges County in ref
erendum June 2, but the law was
invalidated three weeks later when
Judge Marbury ruled that the
wording of the authorizing bill
was defective.