Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-11-24

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feast.
Gambling
Continued From First Page.)
"as emphatically as I can" not
to read the newspapers today.
On Trial for . Month.
The IA defendants have been
on trial for a month on charges
of promoting and operating a lot
terry In violation Of District gam
bling laws and Of conspiring to
violate these laws.
The jury received the case at
4:40 pm. after Judge MCGUIRE
told the jurors they should dis
miss the conspiracy count, if they
found the partnership in crime"
had its inception in Maryland,
or if they were not convinced be-
yond a reasonable doubt 1t orig
mated in Washington
Earlier, Assistant United States
Attorney Edward Carey remind
ed the jury that one Of the de-
PENDANTS, John Ralph MITCHELL
had been quoted as admitting the
syndicate was formed in the Dis
trict and moved out to Maryland
to get away from the law"
Mr.. Carey said that Assistant
United States Attorney John w.
FINELY had quoted Mitchell to
this effect after the latter's ar
rest in the raid of March Is.
There had been little other testi-
mony, however, to indicate that
the group was formed in Wash
| ington.
10 Years Maximum Penalty.
The judge instructed the jury
that conspiracy. which carries a
maximum penalty Of 10 years in
prison, must include at least one
overt act to show the plan &C
tually had been put into oper-
alton. Such an act, he added.
must be performed by one Of the
accused to further the purpose
Inf the conspiracy" He pointed
out that the Government alleged
"a overt acts.
& Judge MCGUIRE said the indict-
ment charged the defendants en-
tered into a conspiracy In the
District. He added the court
here would have Jurisdiction,
even II the jury should find that
the alleged conspirators had head
quarters in Maryland and COM
mited some overt acts there.
On the second count Of the
indictment, however. the judge
said the defendants could be
found guilty Of promoting and
operating a lottery, if any essen
tial part of the lottery was found
to have taken place in the Dis
trict. Such finding. he said,
would give this court jurisdic-
tion," even though some Of the
operations were carried out in
Maryland. The latter count bears
a maximum three-year penalty.
| Lewis and Is others were seized
on March rs by four District
deputy marshals who crossed the
State line under orders of United
States Attorney George Morris Fay
to conduct a raid at 1910 Forty
sixth street, Bladensburg, Md.
Three Slips Linked to ID. C.
Thousands of numbers slips
were seized in evidence, along
with $26, 900 in cash and checks.
The Government contended the
syndicate CROSSED some $4,000, 900
annually, virtually all Of it from
the District.
Defense Counsel Charles E.
Ford demanded to know why only
three of several thousand num-
bers slips had been linked by
evidence to their original source.
He heatedly attacked Mr.. Fihel-
ly's testimony to the effect that
one of the IA, Dean Kennedy, had
admitted to him that he had been
in the numbers business for 8 or
10 months at the place raided.
Deputy Marshal Donald H. Fos-
ter previously had testified that
Kennedy was. handcuffed to him
during the interview with Mr.,
FINELY and had denied having
anything to do with the numbers"
Mr.. Foster said the witness ad-
mitted he took a few bets on
horses for friends In Maryland.
In his closing argument, Mr..
Ford intimated that Mr.. FINELY
was trying to convict the defend
ants by claiming Kennedy had
told him he took bets from the
District.
Shame to Finely" Mr.. Ford
shouted, shame forever"
/ Assistant United States Attor-
tney william Hitz, summarizing the
case against each defendant, char
acterized Lewis as the originator
OF the conspiracy and the banker
for the syndicate.
The chief prosecutor said John
r. Mitchell exchanged the huge
take Of coins at a District bank
for paper currency, and that Ellis
(Sugar Pot) Solet was an import
ant operator. because he took
i n,,rohors hets over, the telephoneI