Evening star., 1949-11-23

dicate's business was almost
wholly IN the District.
Seized Equipment Emphasized.
1--WE now have been able to
produce in court the runners,
writer's, clerks, chief assistants
and the banker, himself" Mr.. Hitz
told the jury. He pointed out they
were arrested on a premises
equipped with 13 adding ma
chimes. news ticker. several tele-
phones and barricaded doors fitted
with one-way peepholes.
Mr.. Hitz emphasized that
$26, 900 in cash or checks and
quantities of numbers slips also
were seized as evidence.
After the deputy marshalls
broke into the building. Mr.. Hitz
continued, they arrested nine men
inside and. later, picked up five
writer's and runners as they re-
turned from Washington with
numbers slips and paper bags Of
money.
Bernard Margolius, another Of
the defense attorneys, said:
Let us start with the premise
that this was a gambling estab-
lishment. You may 60 a step fur
ther and say that any man found
there is a gambler, but that does
not mean that he is guilty as
charged in this indictment of a
conspiracy in the District of Co.
lumbia."
Government counsel told the
jury that the four deputy mar
shals who raided the place found
four women in addition to the
men in the house. They also said
they discovered a .25-caliber auto
matte in a locked cabinet and a
vast amount of evidence. Mr.
Hitz said the raiders were SO ',usy
watching the excited" prisoners
and protecting the evidence they
had no time to identify the num-
bers slips and money taken from
the individual runners.
Margolius Sees Weakness.
Mr.. Margolius described this as
a vital weakness in the Govern
ment's case.
"You cannot guess at the facts
in this case and convict these men
on q presumption" he said.
| Mr.. Hitz went over the defend
ants one by one in his closing
statement. He said there ap-
peared no question that Lewis was
the banker and originator Of the
conspiracy. He suggested the jury
take action to put Lewis and his
lieutenants I'm the pickle bust
ness" like Sam Beard. He was
referring so a former Washington
gambler.
Mr.. Hitz said Solet apparently
was a trusted lieutenant, author
lied to receive bets over the tele-
phone, a task which might trap an
operator not acquainted with the
voices of customers and the code
numbers.
John r. Mitchell apparently had
$16,980 on him when the raiders
arrived, Mr.. Hitz said. He added
that Mitchell tried to pass the
package to Lewis who apparently
did not want to receive 1t. Mitchell
Mr.. Hitz said, changed the great
mass Of coins into paper currency
at a branch bank in the District
He kept the account. he said. under
the name of William A. Mitchell. v
.Welch. the prosecutor said,
..taksd too much tn the captNes
3he raid. HEA9 ax ID
Del-Negro were merely found on
the premises. but emphasized that
they were behind the barred doors.
IS It told Office be
tuste place to looksfOr work hat
had not been hired, Mr.. Hitz said.
Hinkle, it was said. had flve or
six .25-caliber shells on his per-
son which fitted the automatic
Kennedy, according to the tes-
timony Of Assistant United States
Attorney John w. Fihelly, told
him he had been in the numbers
business for eight or 10 months,
Mr.. Hitz said.
Fulton Mitchell, Sutton. Black.
Wycke and Spottswood were ar
rested as they entered with num-
bers slips and bets, Mr.. Hitz de-
clared.
The case was expected to reach
the jury later today.
Before beginning his charge,
Judge Matthew MCGUIRE rejected
defense plea for a directed ver-
dict of not guilty in behalf OF
Del-Negro and Seger. described
as "innocent bystanders" at the
time of the arrests.
The judge also overruled a mo-
ton to dismiss all evidence seized.
Spectators at the trial were sur