Evening star., 1950-04-26
ISamakow Acquitted
AS Court Bars Gaming
Evidence as Illegal

rlS, was Acquired OF gampllng
charges yesterday in Prince
Georges County Circuit Court
after the presiding judge threw
out every scrap of evidence the
State had in the case.
Judge Charles c. Marbury ruled
that the evidence the State
wanted to present had been OBJ
tanned by an illegal search.
Ignatius j. Keane. special prose-
cutor, then told the court:
The State has no further eyi-
dence. That is the States case"
In response to a motion by
Defense Attorney William H. Col
Inns. Judge Marbury advised the
jury it should bring in a verdict
of acquittal because there was no
evidence against Samakow.
First of 20 ON Trial.
Samakow was the first of 20
defendants arrested in Prince
Georges County gambling raids in
March. 1949, to go on trial in the
county court. He was charged
with bookmaking and operating a
lottery.
The defendant, once described
by United States Attorney George
Morris Fay as an "old-time
gambler" was arrested in house
in the 5000 block of Queen Chapel
road, near Mount Rainier. The
raid was made by a special agent
and two deputy United States
marshals, under Mr.. Fay's direc-
ton.
Trial dates for the other per-
sons arrested in the gambling
raids have not been set by States
Attorney A. Gwynn Bowie.
The jury. barred from the
courtroom during the lengthy
argument over whether the evi-
dence should be admitted, took
just three minutes to bring in
the verdict. This included the
time it took to walk to the jury
room and walk back to the court
room.
Deputy Tells of Raid.
Harold w. McCauley, United
States deputy marshal. was the
first witness. He said that when
the three raiding officers entered
the house. they found four adults
and child in the kitchen. After
asking whether Harris had room
in the house. Mr.. McCauley stated,
they walked to another room and
were followed by a man later
identified as Harris or Samakow.
1t was in this room that certain
papers were found. including rent
receipts made out to Samakow
and a horse e-racing scratch sheet.
1t was Pasqual Pat" Guesuero,
another deputy marshal. who gave
Mr.. Collins what he needed to win
his case.
Mr.. Collins got Mr.. Guesuero to
admit that he and James R.
Sharpe, the third raider, went into
the room and searched, while
Samakow was in another room
with Mr.. McCauley.
Samakow took the stand to
testify he was given the warrant
for his arrest while in the kitchen,
that he was placed in another
room with Mr.. McCauley while
Mr.. Sharpe and Mr.. Guesureo
searched the house.
Arrests Made in Kitchen.
Mr.. Collins moved for a di-
rected verdict of acquittal for his
client on the ground the arrest
had been made in the kitchen and
that was all the warrant allowed.
He pointed out the raiders did
not have a. search warrant and
that the subsequent search was
Exploratory and illegal.
Mr.. Keane told Judge Marbury
that if he found the arrest had
been consumated in the kitchen
then the State would concede the
search was illegal and the evi-
dence should be suppressed.
This Judge Marbury did. saying
the arrest obviously was made in
the kitchen. He then ordered all
evidenre found in the search be
barred from the trial.