Evening star., 1949-10-14
Indicted Man
Wins Right 10
Retain Phones
Judge Says Evidence
Fails to Show OF
Violated Gaming Law:

Murray H. OF Of Colmar Manor,
who has been indicted here on
gambling charges. yesterday won
the right to keep telephone service
which United States Attorney
George Morris Fay sought to deny
him.
Circuit Judge Charles c. Mar
bury of Prince Georges County
announced he would permanently
restrain the Chesapeake g. Poto-
mac Telephone Co. from removing
Offs phones at the State Wide
Sports News Distributors, 3701
Bladensburg road.
In a 5.500-word opinion, Judge
Marbury declared that mot one
scintllla of evidence" had been
produced before him that in any
way connects OF with any aiding
or abetting of the violation of Dis
trict gambling laws.
March Raids Recalled.
Two telephones at Offs place OF
business were among 324 which
MIR. Fay sought to have removed,
on grounds that they were being
used for gambling purposes in the
Washington area. The District
attorney took his step after mass
gambling raids last March. AS
result of those raids in and near
Washington. "a men were indicted
on gaming charges.
Yesterdays ruling may affect
nine similar cases in the Prince
Georges Court. Judge Marbury
told reporters, however. that the
opinion was directly applicable
only in the OF case.
Judge Marbury reached his con-
clusions on the basis of testimony
taken at a hearing September Z.
At that time temporary restrain
ing order was in effect.
The court said yesterday that
after failing to prove that OF was
connected with transactions with
in the DiStrict-involving the use
of his telephones-the telephone
company attempted to prove that
OF was engaged in violating the
gambling laws of Maryland.
Testimony Cited.
He said the testimony proved
nothing more than that OF dis
seminated sports information to
clients or subscribers who might
use it in furtherance of gambling
enterprises.
Judge Marbury said the fact
that agents found a package of
dice and numerous cartons of
K-books at Offs place of business
is not sufficient to prove he was
engaged in any gambling transac-
ton. K-books usually are used
for lottery operations.
In fact" wrote Judge Marbury,
"it would be illogical to suppose
that the plaintiff would be using
his premises in competition with
IT, subscribers to his service, as
suming that that service was used
by the subscribers in furtherance
of gambling"
Ruling Is Quoted.
This case presents the question
of whether the telephone COM
pany is justified in canceling it's
contract with a subscriber on the
ground that its service is being
used to aid and abet the violation
of gambling laws in another juris-
diction: and. when put to proof
of its charge of the violation of
those laws. can completely ignore
the charge and justify its pro-
posed action by attempting to
show that the subscriber used the
facilities of another public utility
Tin this case the Western Union
Telegraph co.. in disseminating
news of sports events to sub
scribers. all of whom were located
in a different jurisdiction form
the one in which illegal use of
telephones was claimed, and who
might use such service for illegal
purposes"
Judge Marbury said the answer
to the question was clearly in the
negative.
He said the telephone company