Evening star., 1949-05-20
JudgeCritiei1es
Six.Month Lag
|nGamingCase
Motive tor Return
OF Seized Property
Under Amusement


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too sass gcs scsa nrs ~~Tn Ire
Isnae at ar A3rkrSs sAn asasx ~
frESr Ar1 sf2e .Ss4AnC~ Is = searca
warrant
I3&e e4ess4>er VAs rat~e5 ~ ns-
srns< Co4IAx3 Charles L Fcra -
lhr eA>r a. FseS$tfls1 AnJseSNaK.
NJ Fcrd AA}d Ire ~caESh NsF-
YAnl Nas ~gNrT MarxA - ~ ghs
has1N q! ar aFAsast' al5essHg q
gambling o1enNr last September,
hr tnos tnT k2e~ 'AAt aas issa
lang = lapae ot Time 80 g4Htfs .
SrAExn on ire bass ~ rfuhaa3s
eat4sr
I TANK - toa Agt~et tAs
tudse
Assistant uulted States AtIes.
nes NAsAn H!ts eouBtrEeo that
the Government Nas wnsng en-
the arrest warrant ana t1s Scatvh
INC &deni Ia whHraaG arrest The
arrest warrant Mas hased on The
same Afnda,T, eut II ssA uel-
Gated II would NAV IN efec9 ieng-
eg than the seateh Warrant
Taken Under Amusement
The argument occurred during
= hearing oa motions to5 the re-
turn of srlEed property and The
suppression of evidence IN tire
WhlteoaG CESr
Argulng the motion fof the re-
turn os Whlteoaks property Nj,
Ford contended That The deputy
marshal Jolteo DEAN the 3trms
Selged in the Search on the back
Of the search warrant, and u The
search warrant we're no Eood uhs
items should hs returned Nj
HHE argued that any piece 81
paper could be used 20 make
notes
Judge SchWelnhau, tooG The
motions under Amusement Both
defense and Government counsel
said later that Il the srsreh uafs
rant is thrown out II elll he only
a minor technical victory foy the
defense as Ions as the arrest war
rant Is good
Judge Schwclnhaut Also took
under adNiSrmeut similar motions
IN the case Of Attlllo Aealotli an
other al the 80 men indicted last
month on gAmbIins charges.
Acaiotti search Challenged.
+ Nj Ford also representing
keaiotti challenged the search of
Aoalottis apartment because no
said the AFFIDAVIT flled by Aca-
lotus erslshue girl friend Rst-
+ nlre Franklin. quoted Aeaioiu ~
saying he had moved his gambling
operations To the apartment ~
Nola Andrews In the 1900 block n
Twelfth street NV
MIR. Hitz argued that AeAiolus
statement oi having moved sas .
self serving declaration and
that a man might simiIarly tSy
/ 10 tie the Government $ hands By
saving he had moved out Of Wash
ington
I In the discussion Of shy Aea-
/ lottk Cadillac vAs seen after.
moons outside the Andrews apart
ment it was brought out that
/ Acaluttis current girl friend lived
with Mrs Andrews
( Judge schweinhaut diss Q
ripple OF laughter from the spec
,ators including Acalotu Shen
he observed
i suppose he would go to sss
the eiri nights
/ Mr.. Hilz told the nudge that
Acainiti operated a nswksiand AZ
night and needed to b~ within
reach OF = telephone tn the day
time TO get the results Of the fiTst
three races. which determine the
DAYS number Acslntu vas ar
/ rested at The Andrews apartment.
I Meanwhile counsel foT Elsie NJ.
Corridor have two days 10 answer
affidaviis filed yesterday BY tho
Government and The t<iepl1ons
company 10 support removal OF tho
telephone from the Old Min Cafe.
10 II street NE The telephone.
listed IN her nAms. wak on the list
Of 324 phones United States Attor~
ncy 0eurgs Morris Pay requested
the telephone company 10 remove,
One of the Government afTsdaTiis.
flied in opposition Ia . motion TO
bar removal Of the tsIsphons. is
! the statement ~ United States
deputy marshal that he watched q
man use the cafe tsisphons 70 give
and receive gambling information.
Tells Of ! Vista
The deputy pAsqusis p san
ducci Of New YORK. told of three
visits TO the cafe on January q.
January TO snd March 10 On
all three occasions. he stated, he
watched q man known ~ Dens.'
receive beta from customers sSd
write the beis on alps of paper.
The telephone ranE almost
continuously and Gene answered
II almost eyefy time TIRE an
daYit aent on Il could hear tire
conversation and IT was about
beLa which Oens seas ysesiFtng
OF calling In,
After ttss answering afndassts
are IN Judge Alexanaer HaitxUr
vill decide whether 70 save uT
order removal Of the phone 90 the
5as4a Of the atfadhy3ts
akH "a a -