Evening star., 1950-08-02
lewisConviction
Reversed , Court
AssaiIs HoItzoff
BeIIeci Also Granted
New Trial; Only Two
Fay Convictions Stund
By John w. Stepp

The United States Court Of APP
peals today unanimously reversed
the gambling convictions Of VIII
liam (Snags) Lewis and Frank
Billeci
In an 11-page decision the
three-judge appellate court de-
voted about a third of the decision
to criticism Of the trial conduct Of
District Court Judge Alexander
Holtzoff.
Under the ruling. Lewis and
Billeci will receive new trials.
The three appellate judges
agreed that Judge Holtzoff had
committed four reversible errors
in conducting the trial. They
upheld the validity of the search
warrants used in the arrest Of
Lewis and the admissibility OF
evidence gained by deputy mar
shals when they answered tele-
phones at Lewis Bladensburg,
Md, headquarters.
Faces Other RetrialS.
In addition to the new trial
ordered today, Lewis faces retrial
of a gambling conspiracy case
which ended in hung jury last
year and trial with 10 co-defend-
ants on gambling charges in
Prince Georges County.
Assistant United States Attorney
William Hitz said the Government
will study the appellate court de-
cision before deciding it's next
move.
Lewis was under a 10 to 30
month sentence and Billeci faced
an 8 to 27-month term imposed
by Judge Holtzoff following their
conviction on charges of violating
the lottery laws. They were ar
rested in March, 1949.
The third co-defendant, At
tilio Acalotti. recently asked dis
of his appeal so he would
be eligible for parole. He has
been in jail since last December
serving two concurrent sentences
of to "a months. for intimidat-
ing a Government witness, Bernice
Franklin, in the gambling cases
and for his conviction with Lewis
and BilIeci.
Climax in Fay Raids.
Todays ruling was new climax
to the hectic trial proceedings
which started with the sweeping
anti : gambling raids here by
United States Attorney George
Morris Fay. The opinion was
written by Judge E. Barrett Pretty
man, Judges Henry w. Edgerton
and James M. Proctor concurred.
"Snags" Lewis was the biggest
fish caught in.Mr. Fay's raids. Out
of the So indicted after those raids,
he was one of only four convicted.
The only convictions that now
stand are those of Acalotti and a
Hammel's restaurant waiter,
Danny Plummer.
The appellate judges leveled
their main blast at Judge Holtzof
on his instruction to the long
deadlocked jury which defense
counsel interpreted as a virtual
demand for a guilty" verdict.
Called 1t Observation"
The instruction-Judge Holtzoff
called it an Observation-Disclosures
a citation of a Supreme Court
decision in the 3o-year-oId Horn
ing case involving a pawn broker
age violation.
The passage cited by Judge
Holtzoft went this way:
In a criminal case the court
cannot peremptorily instruct tbs
jury to find the defendant guilty.
If the law permitted it, I would
90 SO in this case.
In conclusion I will say to
you that a failure by you to bring
in verdict in this case can arise
only from willful and fragrant
disregard of the evidence and the
law as I have given it to you, and
a violation of your obligation as
jurors.
After repeating these words Of
a District Police Court trial judge
(See GAMBLING, Page A-6O