Evening star., 1949-06-22

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lative agencies.
Lawyers 10 Continue
Fight 10 Suppress
Gambling Evidence
Attorneys for William (Snags)
Lewis and l3 co-defendants under
the same gambling indictment said
today that Judge Edward M. Cur
rams refusal to dismiss the indict-
ment left unanswered many OF
their questions which they raised
In court"
Bernard Margolius made the
statement on behalf of the four
law firms representing the IA de-
PENDANTS arrested last March Is
In a series of raids conducted by
United States Attorney George
Morris Fay.
Judge Curran in an eight-page
opinion yesterday held that the
search warrant used in the arrests
was valid, and on that basis de-
MED defense motions to dismiss
the indictment and uppress evil
dence seized in the raids.
Inadequate Description Charged.
Mr.. Margolus said he and his
colleagues, William H. Collins.
Charles Ford and Myron Ehrlich,
have studied the judges opinion
with a great deal of care"
Mr.. Margolius recalled that in
arguments on the motion to sup
press evidence the defense at
tackled the search warrant,
claiming that it failed to describe
adequately and properly the
property to be seized at an ad-
dress in the 1900 block of Forty
sixth avenue, Bladensburg. Md,
where Lewis and the 13 others
were arrested.
The lawyer said that the gen
eral" way in which the warrant
was worded regarding any items
to be seized. amounted to telling
the United States marshals who
conducted the raid Ito go in boys
and take what you find" MIR
Margolius added that as he under
stands the law an officer must be
instructed in a search warrant tc
look for specific property.
Plan to Renew Motion.
The attorney concluded that be-
cause Judge Curran did not touch
on the question of the property
seizure. the defendants plan to
renew their motion to suppress
and to object to the use Of any
of the seized evidence when the
trial gets under way.
The Judge held.
LINE Searcn warrant USED ID
their arrest was valid.
Q. The evidence seized In the
raid was proprely obtained be-
cause the search warrant was
issued on sufficient probable
cause"
Specific Information Required.
8. The Government, however,
must produce more specific infor-
nation in a bill of particulars re-
garding the nature Of alleged
gambling law violations In the
District.
4. And the United States At
torney's Office must prosecute
under only one of two conspiracy
charges placed against the de-
PENDANTS in the indictment.
Under the judges orders, the
defendants now face trial on one
charge each of promoting a lot
terry in the District and conspir-
ing to promote lottery opera
tions between the District and
an address in the 1900 block OF
Forty-sixth avenue, Bladensburg
Md. from January, 1948. to last
March.
In his memorandum opinion
Judge Curran dealt extensively
with the affidavit on which United
States Commissioner Archie Meat
yard Of Bethesda issued the search
warrant for the Forty-sixth ave-
nue. address.
Affidavit Supported.
This affidavit. hotly contested
in and out Of court by defense
lawyers, was sworn to by Mrs
Bernice Franklin, one of the
Governments key witnesses in its
cases against more than 80 per-
sons seized in the March Is raids
in the District and nearby Mary
land.
Answering the question whether
Mrs. Franklin's affidavit supplied
sufficient probable cause. the
judge said he found the witness
had personal knowledge of many
pertinent details" of alleged
gambling activities at the Forty
sixth avenue address.
The jurist rejected as without
merit" another defense conten-
ton that a United States marshal
for the District has no power to
serve a search warrant in Bla-
densburg. He also discounted the
claim that the raideds premises
were inaccurately. described in
the warrant.