Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-01-08

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7 Freed in Gambling
Case on Plea Of Entry
Without Warrant
Pleas that police had entered
their residence without a warran,
or sufficient cause brought dis.
mlssal of gaming charges against
two men Yesterday in District Court
Judge Henry Schweinhaut, in dis.
missing the case. commented that
it came clearly" under the Su.
preme Court decision of December
IL, which reversed numbers con.
! yiction and condemned Washing.
! ton police for failure to obtain q
J search warrant in the case.
In another case, Judge Schwein.
haut held police had reasonable
cause to enter a dwelling after
hearing conversation concerning
gambling while waiting in an area
way. He refused to dismiss the in
dictment in that case.
! Seen Carrying Paper Bags.
I Charges of promoting the numbers
racket and keeping gaming table
were dismissed against SCHUYLER
Wilson. 20, and Walter S. Lephfew
43, both of the $500 block of Forty
first street NV.
Detective Sergt. James Roche
testified Lephfew had been seen
leaving various places with brown
paper bags, which frequently are
used by pickup men in the numbers
racket. He said Lephfew was fol-
lowed to the Forty-first street
address.
Sergt. Roche said he was listen
ing" at the keyhole of the apartment
when the door opened. He said he
identified himself, but the door was
slammed. Lephfew had come out,
however, and he was arrested, but
Wilson was picked up only after the
door had been kicked in, the detec-
tive said.
In the case involved in the Su-
preme Court decision, the court held
that the police operated illegally
when they forced their way into a
Washington rooming house, and by
peeping over transom, gathered
evidence to convict two men of OPP
Grating a gambling book. ..... -....-..
+ judge Schweinhaut refused to dts.
miss an indictment charging Max
r. SchwarZ. 81, and Louis w. Dove,
40, with keeping a gaming table for
betting on race horses. The case
remains open for trial. They were
arrested at an apartment in the
2100 block of California street NV.
The defense had contended the
police had no search warrant.
In that case, Sergt. Roche said
an undercover agent was stationed
in a cove under Schwarz's apart
ment in an areaway and heard
morse race bets being taken. OBJ
servations were made for five days,
he said. .
said, the undercover man heard
some one in the apartment say,
Louie, there are two strange men
lurking around downstairs" The
detective said the apartment door
then was kicked in and the raid
followed.
Judge Schweinhaut said this case
had been we'll made.
! 1T strikes me-" he commented
that in one case the officer moved
too soon. In the other, he almost
waited too long"
In another case yesterday. Judge
Edward M. Curran granted a motion
to suppress evidence in connection
with a gambling charge against Ben
Curry jackson, 81, colored, of the
6O0 block OF Kenilworth avenue NE.
Ten Persons Sentenced.
Ten persons were sentenced YES
terday on gambling charges, four
receiving Jail terms; four, heavy
fines, and two, suspended sentences,
George Beal 48, of the 900 block
OF Ninth street NV, was sentenced
! by Judge Schweinhaut to serve
from 6 to 18 months for keeping a
gaming table for the purpose of
betting on race horses.
| The other gambling sentences all
were imposed in connection with the
numbers racket. Judge Schwein-
haut sentenced three men as fol-
lows:
Charles Davis, Sc, colored. 300
block OF G street S.W., 80 days and
$50 fine; Percy M. Jones, 43, colored,
first block Of T street NV, 90 DAYS
Or $3.50 fine, and Peter c. Gabardini,
80, of Capitol Heights, Nd, three
months and $3.50 fine.
Two Fined $500 Each.
Judge Edward M. Curran imposed
a $500 fine each on Henry E. Fish,
ST, Of the 1000 block of K street
NV, and Stephen Ealey, 80. COL
ored, of the 100 block of Canal
street S.W.
Judge Curran suspended sentence
on Helen Hamilton, 36, colored, of
the 600 block of N street NV, and
placed her on probation for three
years. He gave Frank j. Battista
80, of Silver Spring, Md, suspend
ed sentence and placed him on
probation also.
Judge Richard B. Keech fined
:, Rita F. Palmer, 80, colored, Chapel
Oaks, Md, and Jerome G. Donald
son, SO, of the 1900 block of Mary
land avenue NE, 500 each, and
placed them on probation for
three years.
Purse With $101 Stolen
From Hoeni+nI So~rator,