Evening star., 1950-02-05
FayFights Lewis Bond
Sees Resumption Of
Gambling Activity
U. S. Formally Defends
HoItzoff in Conviction
Of Three Defendants

The Government yesterday as
serted that William (Snags) Lewis
should remain jailed pending his
appeal from a gambling convic-
ton.
The United States Attorneys
Office asked that Lewis and CO.
defendant, Frank Billeci, be de-
MED bond because of a strong
likelihood" that they will resume
their illegal activities" if freed
pending their appeal.
This stand was taken in a for
NAL reply to defense petition
for bond in the United States
Court of Appeals.
Government attorneys recalled
that Judge Alexander Holtzof re-
fused Lewis and Billeci bonds at
the close of trial. The judge took
this action on the prosecution s
assurance that the men had en-
gagged in gambling activities even
after their arrest last March and
up to the time of their trial, it
was pointed out in the answer.
Prosecutor Defends Holtzoff.
Elsewhere in its reply yesterday,
the Government defended Judge
Holtzoff's other actions which
were bitterly criticized by the de.
fense in its bond petition.
High commendation is due
Judge Holtzoff for the courageous
and fortnight manner in which
he met one of the most menac-
ingly corrupt situations ever to
arise in the courts of this Dis
trict," the Government declared.
Lewis, Billeci and Attilio Aca-
lotti were convicted January 26
of jointly operating a lottery here.
They did not testify, nor did they
produce witnesses to contradict
the prosecution.
The jury returned its verdict
after 35 hours of deadlock. The
trial was punctuated by charges
of jury tampering, and heated de-
fense objections to the judges
numerous, and sometimes pointed.
instructions to the jurors.
Lawyers Have Noted Appeals.
The prosecutions styled head of
a $14,000,000 = a year gambling
syndicate, Lewis was sentenced to
serve from 10 to 80 months. Bill
leci received an 8-to-27 month
term, while Acalotti, already in
Jail for intimidating a Govern
ment witness, got a concurrent
eight = month to two year sem,
tence.
Their lawyers noted an appeal
from the guilty verdicts. When
Judge Holtzof refused to set bond
pending appeal, they asked the
appeals court to do so.
They accused Judge Holtzof of
"glaring errors" in his jury in
structions. Principal among these
was his reference to a Supreme
Court case, Horning VS.. the Dis
trict. In it the high court ap-
proved the language of the trial
judge who had all but told a
jury to bring in a guilty verdict.
The Government yesterday
backed Judge Holtzoff's quotation
of parts of the Horning instruc-
tions as part of his charges to
the jury.
Circumstances Emphasized.
'Most Importantly this charge
must be viewed in the light of the
circumstances under which it was
given" Government counsel de-
clared.
They pointed out that certain
jurors in the case had been threat
ened. offered bribes and asked to
be lenient with the defendants.
These acts of tampering were
even directed at the Jurors in the
courtroom itself and in the
judges presence" the Govern
ment said.
The situation was such that it
required the court to take strong
action to attempt to dispel from
the minds of the jurors the effects
Of these corrupting influences" It'll
was added.
The Government summarized
that Judge Holtzoff's entire
charge to the jury not only
(see GAMBLING. Page A-7.)