Evening star., 1953-04-04
dual Jeopardy
Ruling Clears 9
In Gaming Case
Indicted Juror
Brought About
Previous MistrioI

An indictment charging Roger
Avery Wilson, SO, and eight other
defendants with conspiracy and
promoting a numbers lottery was
thrown out yesterday on the
ground that retrial of the case
would constitute double jeopardy.
The indictment was dismissed
by Judge Walter M. Bastian of
the U, S. District Court for the
District of Columbia.
The nine defendants were on
trial last February when it was
discovered that one Of the jurors
hearing the case was himself
under indictment at the time on
a charge of promoting a numbers
lottery. When this discovery
was made Judge Burnita Shell
ton Matthews. who was presiding
at the trial. declared a mistrial
and set the case down for re-
trial.
It subsequently was found by
the court that the juror, Walter
Osin. 48. of the 1700 block of
Twenty-eighth street Sc, did
not know at the time he was
serving as a juror that he had
been named in a gambling in
dictment returned last August.
On March 30 the gambling in
dictment against Mr.. Osin was
dismissed by Chief Judge Bolitha
j. Laws for lack of evidence.
Judge Laws acted on a Govern
ment motion.
Not Barred by Law.
Defense Attorney Myron G..
Ehrlich, in arguing for dismissal
of the indictment against Mr..
Wilson and the other eight de-
fendants. declared there is MOTH
ing in the District Code to dis
qualify a juror just because he
has been indicted.
Mr.. Ehrlich argued further that
a person becomes disqualified to
serve on a jury only if he has
been convicted of felony or of
a misdemeanor involving moral
turpitude.
\ In dismisSing the indictment
against the nine gambling con-
spiracy defendants, Judge Bas-
tian. in a memorandum opinion,
declared:
IT have reached the conclusion
that a second trial in this case
is barred by reason Of former
jeopardy. and on that ground
the motion to dismiss is granted"
Judge Bastian added that his
conclusion in the case was
reached prior to the dismissal of
the gambling charges against the
juror. He pointed out that the
disposition of the jurors gam
bling case had no bearing on his
decision.
Other Defendants.
Mr.. Wilson and all the other
defendants named in the
gambling conspiracy indictment
are colored. Judge Bastian's
ruling clears them of the
gambling charges.
Besides Mr.. Wilson, whose
home was listed in the 2700 block
of Thirteenth street NV, the
other defendants cleared by the
decision are:
Alvin Barnes, Al, of the 1900
block of East Capitol street;
Edward George Jackson, 40, of
the 200 block of L street S.W.;
Francis Alexander Thomas. SO,
of the 1900 block of D street
Sc; Arthur Leroy Sweeting, %,
of the 1900 block of T street
NV: Jerry Rembert, AZ. of the
TOO block of Otis place NV;
Olivia Maggie Stevens, 46, of
the 1900 block of o street NV;
Helen Clara Gill, AZ. of the first
block of S street NV, and Par
thenia Runetta Adams, So, of
the 900 block of Fourteenth
street NV.
Two others, who originally were
named co-defendants with the
nine, were cleared through judg-
ments of acquittal during the
course of the trial before Judge
Matthews. They are William
Leroy Manus, 58. of the 400 block
of Sixth street Sc, and Howard
Wilson Morris, 35, of the 400
block Of Randolph street NV,
both colored.