Evening star., 1951-11-27
Court Asked 10 Decide
Whether Wiretapping
Ban Applies 10 States
BY the Associated Press

BALTIMORE, Nov. 27.-Can
the Federal law prohibiting wire
tapping have any effect in a State
case where evidence was gained
by wire e-tapping?
An Injunction hearing before
Federal Judge w. Calvin Chestnut
on that big question continued
today.
A Silver Spring couple, a Ia
koma Park man and several Bal
timore persons charged with sam
bling violations have asked the
Federal Court to tell the State it
can't use evidence gained by wire
tapping against them in their
trials.
The State has contended the
Federal Government has no right
to interfere since the action is
within a single State and the
question does not involve equal
rights.
ACCuSCu VI OUUkUldhluS.
The Takoma Park man is Mar
tin MCGUIRE, who, with six Bal
timore men, is accused of book
making. Baltimore police claimed
last June they had uncovered a
missing link" in a multimillion-
dollar Washington Baltimore
gambling operation with the ar
rest of the 38-year-old Mcclure
at the Crestwood Apartments,
5000 Sixteenth street NV.
Mcclure blandly gave his oc-
cupation as gambler at the time
of his arrest. He lives in the 400
block Of Lincoln avenue, Takoma
Park.
At the time of his arrest. Maj.
Robert J. Barrett, superintendent
of Washington police. said detec-
tives had aided in the arrest of
McGuire, but added
1--WE know nothing about any
gambling violation. The suite at
the Crestwood is not set up as any
elaborate establishment-gambling
or otherwise"
Cases Heard simultaneously.
The Silver Spring couple, Mr..
and Mrs. Eddie Bratburd OF the
$500 block of Piney Branch road,
is accused of possessing gambling
equipment.
They. like Mcclure and his six
co-defendants from Baltimore,
have brought a similar Injunction
suit and Judge Chestnut agreed
to hear evidence and arguments
in both cases jointly because the
issues on overlapping are iden-
tical.
Yesterday, several Montgomery
County and Baltimore City police
officials were called to testify, but
refused to disclose the extent of
wire-tapping used to get evidence.
On the advice of the States rep
Iresentative, Assistant Attorney
Kenneth Proctor, they declined on
grounds of self determination.
Attorneys for the petitioners in
sisted they were asking the in
junction only to suppress evil
dence that was obtained by illegal
search and seizure" in violation
of civil rights.
Case Hinges on Equal Rights.
Judge Chestnut answered that
you don't have a case unless you
can show that the statute involves
equal rights"
Detective Corpl. Kenneth w
Watkins of Montgomery County
declined to testify in detail about
wire-tapping, although one of the
afidavits introduced in evidenc,
was made by him.
1 Corpl. Watkins would not say
who sent him on wire-tapping ex-
peditions or who had received the
original complaints about gam
bling in Silver Spring home.
Chief Charles M. Orme of the
Montgomery County force refused
to say whether he knew wire
tapping has been carried on in
his department. although he said
records reveal there have beer
about three" investigations in
volving overlapping in the coun-
ty within the last three years.
McGuire's co-defendants in the
bookmaking case are Harry Sody
Martin Hess. Max Silverman, Fred
Manger. Girard Morgan and Ed
mund Manager.