Evening star. [volume] (Washington, D.C.) 1854-1972, 1950-01-27
Jury 1ampering Probe
Pushed After GUILTY
Verdict in GAMBLING
Continued From First PAGE ,

The sentencing of the thre,
gamblers, whose trial had been .
three-week legal battle, was dra,
matte. The lawyers requested tina
their clients be released on bail
In regard to Lewis and <Billeci
Judge Holtzoff asked if the Gov.
eminent had information that
they had continued in their illega
business since their arrest. In such
case, Assistant United States At.
torney William Hitz stood up anc
said the Government had EVER,
reliable" information that they
had. Defense counsel then asked
for immediate sentences to expe.
dite the appeal, and Judge Holt.
zoff named the prison terms fol
each defendant.
Judge Sees Defiance.
In denying Lewis bail, Judge
Holtzoff said:
Two circumstances appea,
very important to the court. II
appears that in complete defiance
OF the law. the defendant has con-
tinued his illicit acts in connec.
ton with gambling.
1T further appears that in this
trial, the defense was nothing but
house of cards, succession oil
legal technicalities. Accordingly
the defendant Lewis is committed
pending sentence"
Lewis was represented by Will
liam H. Collins and Bernard Mar
golius. Billeci by Myron G
Ehrlich. and Acalotti by Charles
z. Ford. Mr.. Hitz, the prosecu-
tor. was assisted by Edward r
Carey. another assistant United
States Attorney.
Notices of appeal for all the
convicted men were filed today
with the Court of Appeals by their
lawyers.
In discharging the jury of
seven men and five women who
had had the case under con-
sideration for IS hours-19 of
them spent in the jury room
Judge Holtzoff said:
THE court wishes to express
the opinion to you that your
verdict is a courageous step to-
ward law enforcement in this
community. It was the only
verdict that would be consistent
with the evidence and the law"
Warned Against Talking.
The judge warned them against
talking to any one except :FBI
agents. This was a reference to
the investigation he had ordered
the investigation into the jury
tampering.
One woman juror told the
court an unknown telephone
caller, a man, had offered her $500
for a not guilty verdict. A Sec
ond woman Juror said an I'M
known woman telephoned her
and asked her to be lenient with
Acalotti.
1t was learned that one woman
Juror who told the marshal about
calls was Mrs. Essie L. Kendrick,
81. of 1908 Fifth street NE, a
bookkeeper.
Lewis, short, plump man,
whose face is still a bit tan from
his last visit to Hot Springs, Ark,
was hustled with the two others
into the marshars van just be-
fore midnight and trundled to
Jail. Lewis and Billeci covered
their faces with their topcoats.
Acalotti used a newspaper.
Last nights verdict came after
Judge Holtzof had called the jury
in again and again, giving them
stronger and stronger charges. On
Wednesday night he gave them
the Allen charge, a favorite In
Federal Jurisdictions for getting
a deadlocked jury to agree. It
instructs the minority in a jury
to ask itself if the majority may
not be right.
Called Back Six Times.
He called them back six times
In all. Yesterday afternoon he
called them in and said:
II am going to make some ad.
ditional observations on some
thing told you before-that nc
inference is to be drawn on the
defendants failure to take the
stand. I have already called your
attention to the fact that the de-
Tense had right to call witnesses
and they called none. Therefore
the testimony of the Government
witnesses goes uncontradicted."
He then read them "a charge
approved by Justice Holmes, q
great judge"
The charge was one given in
1920 by a police court Judge here
in the case Of a pawnbroker ar
rested for operating in violation
OF the local law. It is called
Horning VS.. the District of Co.
lumbia. and Justice Oliver Wen
dell Holmes wrote the majority
opinion of the Supreme Court up
holding it. Judge Holtzof read il
with the same emphasis with
which he delivers charge of his
own. It went:
"In a criminal case, the court
cannot peremptorily instruct the
jury to find the defendant guilty
If the law permitted it, I would
do so in this case.
In conclusion 7 will say to you
q failure by you to bring in a yer.
dict in this case can arise only
from willful and fragrant dis.
regard of the evidence and the
law as I have given it to you anc
a violation Of your obligation a.
jurors"
Second Trial for Lewis.
The verdicts were the first con.