Evening star., 1950-01-06
Waitress Seeks
ToQuit Canine
Witness Role
Bernice Franklin Asks
Court to Quosh
New Subpoena

Bernice Franklin. key witness
before the special grand jury in
vestigating gambling last year,
today moved in District Court to
back out of her witness role.
The red-headed waitress, whose
affdavits formed the basis of sew
eral of the raids in United States
Attorney George Morris Fay's
gambling crusade, asked District
Court to quash a subpoena order.
ing her to testify in a trial next
Monday.
Acting through Attorneys John
R. Fitzpatrick and Edward j.
Lynch, Miss Franklin also asked
that a hearing on her motion be
held before the Monday trial be-
gins. William "Snags" Lewis, At
tilio Acalotti and Frank Billeci
face trial on lottery operation
charges in District Court Monday.
Says She Is Destitute.
Miss Franklin complained in an
affidavit accompanying her mo-
tion that she is now unemployed
and destitute as a result of being
repeatedly summoned to Mr.. Fay's
Office or to the courthouse and
Justice Department either for
conferences or to testify in trial
growing out of Mr.. Fay's wide
spread anti-gambling raid last
March IS.
She declared that from March
/ to March 20 she had to report
to the Justice Department every
weekday. On March 80 she ap-
peared before the grand jury to
give testimony in connection with
Mr.. Fay's gambling crusade.
During April, Miss Franklin
continued, she received numerous
requests from Mr.. Fay's office to
report to the Justice Department.
Then on May /, she was ordered
in a subpoena to report to the
United States attorneys Office on
each succeeding Monday until
September Is.
j Subpoenaed IL Times.
In every case, Miss Franklin
added, she complied with the
orders and requests even after
September is, when she received
another subpoena which led to her
reporting to Mr.. Fay's Office two
days every week.
In all she has been subpoenaed
IL times between March 1. 194s.
and yesterday. In addition to
obeying the subpoenas she also
has been required to appear be-
fore Government representatives
about 40 times, Miss Franklin as
serted.
She added that in addition to
being subpoenaed for the impend-
ing trial Monday, she has reason
to believe she will be called as a
witness in four other gambling
trials now on the calendar.
Due to these repeated orders
she has been unable to report
regularly for work s"at any job"
since March /, Miss Franklin de-
clared, adding that adverse pub
licity received by me" has also
barred her chances for steady
employment.
Testified in One Trial.
To date, Miss Franklin has ac-
tually testified in only one trial.
Her testimony against Acalotti in
a seven-day trial last month led
to his conviction on charge that
by intimidating her as witness
shortly after his arrest he OBJ
structed justice. m,
Acalotti had been indicted on
charges Of intimidating her as
well as on gambling charges. He
was tried first on the threats case.
Miss Franklin referred in her
afddavit to the seven-day inter-
ruption in her personal life caused
by the Acalotti trial. She also
recalled that during the October
gambling conspiracy trial Of
"Snags" Lewis and IS co-defend-
ants, she also was required to
stand by in court for the two-
week duration of the trial. That
case ended in hung jury and is