Evening star., 1954-10-15
Beard Jailed,
Plea for New
Trial Planned
Gambler Found
Guilty Of Evuding
$460, ,220 in Toxes
By Richard Rodgers
Ssar Ssasf Correspondent


BALTIMORE. Oct. 15.-wash.
ington gambler Sam Beard was
in jail today following his con-
viction last night on one Of
three counts for evading $780,
220.86 in 1914 Federal income
taxes.
After celebrating eight and
one-haH hours. the jury found
the 300-pound defendant not
guilty on two other charges COW
ering 1946 and 1947 involving
more than 81 million in taxes.
The eight men and two women
returned their verdict at 1855
pm.
Sentencing was postponed on
request Of his lawyers. who said
they will file for new trial.
II will postpone sentence"
said Chief Federal Judge Will
liam c. Coleman, "but I will
not permit the defendant to be
released on bail. He will be con-
fined. Marshal, take him into
custody"
s Years Possible.
He can be sentenced to as
much as S years in prison and
be fined up to $4,000.
Boards three lawyers indi-
Gated they will seek mistrial
ruling, basing their case on re-
marks by Judge Coleman and
the prosecutor, United States
District Attorney George Coch-
ran Doub.
Boards poker face changed
only by a rapid blinking Of the
eyes when Jury Foreman William
T. Blair read off the guilty ver-
dict. Beard was impassive az
the foreman went on to read the
innocent verdicts on the l946
and 1947 counts.
A fourth count, covering 1945.
was thrown out earlier because
the statute of limitations had
expired.
i Internal Revenue Agent
Samuel Ford remarked after the
trial that 1914 was the year
Beard reported no gambling in.
come at all. He did list gam
bling income the other years, Mr..
: Ford said.
u. S. Claimed $1.4 Million.
In all, Uncle Sam accused
, Beard Of owing $1.4 million in
: tax liabilities for the three years.
Beard still faces a civil suit
Eaiiiaed at recovering the money.
His three lawyers have Ave
days to file for a new trial. As
! soon as their motion is heard.
Beard probably will be sentenced.
Then they have 10 more days to
file an appeal with the Fourth
Circuit Court of Appeals, in
Richmond, and 40 more days in
which to complete details of the
appeal papers.
Thomas j. Kenney, who did
the major arguing for the de-
fense, said one reason for seeking
the new trial was "the unfortu-
nate remarks Mr.. Doub said
before the jury"
Mr.. Kenney also said the de-
fense wants to look over the.
instructions which Judge Cole-f
man gave the jury. h
In summing up yesterday, Mr.
Doub was dwelling on Boards
known gambling activities. Mi.
chael Gould, one Of Mr.. Ken
ney's associates. sobjected on
grounds the Government was
trying to convict Beard of gam
bling, whereas the case involved
only tax issues. He shouted that
the prosecutor was being preju-
dicial to Beard.
Withdraws Remark.
Mr.. Doub shouted back that
he intended to keep right on be-
ing "prejudicial" to Beard. But
several hours later, Mr.. Doub
withdrew the remark. explaining
he made 1T "in the heat Of
argument" and did not mean it.
Judge Coleman addressed the
jury one hour and Is minutes.
) He told them Boards gambling
was a matter eligible for their
consideration. Boards refusal to
take the witness stand, or reveal
his bookkeeping records, also
, could be weighed by the jury.
, the judge said.
The 70-year-old jurist said the
jury did not have to decide
. whether Beard actually hid all
the income listed in the indict-
ment. It would be sufficient II
the jury felt he evaded "a sub
! stantial portion" Of the sum. he
. said.
The jury returned to the court
during its elaboration, to ask
the Judge to repeat his instruc-
ton on the substantial portion"
issue.
Explains Meaning.
A one-cent error would be
trivial, the judge said. "But II
the error is in the hundreds or
. the thousands-even If not in
the hundreds Of thousands-that
could be a substantial portion"
Judge Coleman said.
: The defense had objected ear
! lier to Judge Coleman's refusal
!. to rule that substantial" meant
: the major portion Of the prosecu-
: tion figure.
The trial opened September
S q. It was one Of the longest
: tax trials even held in the East.
and invloved one Of the largest
sums.
? Beard was originally indicted
+ three years ago.
This is his second income tax
: conviction. He drew an 18-
J. month term in 1888. The money
involved then totaled $106, ,405.
; including penalties.
5 He also served So months In
! Atlanta, beginning In 1885. the