Evening star., 1954-10-15
Beard Jailed,
Plea for New
Trial Planned
Gambler Found
Guilty Of Evoding
$3.50, ,220 in Toxes
By Riehord Rodgers
Stor Stoff Correspondent

6AGI1MOIE, OCT. 15.-WaSE
ington gambler Sam Beard We
in Jail today following his cor
viction last night on one {
three counts for evading $460
220.86 in 1914 Federal incom
taxes.
After celebrating eight an
one-half hours, the jury foun
the 300-pound defendant nc
guilty on two other charges Gov
ering 1916 and 1947 involvin
more than 81 million in take
The eight men and two wome
returned their verdict at 11:3
pm.
Sentencing was postponed o,
request of his lawyers, who sal
they will file for a new trial.
"I will postpone sentence,
said Chief Federal Judge Viii
liam c. Coleman, "but I wi
not permit the defendant to b
released on bail. He will be con
fined. Marshal, take him int,
custody"
s Years Possible.
He can be sentenced to al
much as 5 years in prison ant
be fined up to $4,000.
Boards three lawyers indi.
Gated they will seek a mistria
ruling, basing their case on re.
marks by Judge Coleman anc
the prosecutor. United State.
District Attorney George Coch.
ran Doub.
Boards poker face changed
only by a rapid blinking of tht
eyes when Jury Foreman William
T. Blair read off the guilty yer.
dict. Beard was impassive a.
the foreman went on to read the
innocent verdicts on the 194t
and 1947 counts.
A fourth count, covering 1945
was thrown out earlier because
the statute of limitations hac
expired.
Internal Revenue Agent
Samuel Ford remarked after the
trial that 1914 was the veal
Beard reported no gambling in
come at all. He did list gam
bling income the other years. Mr..
Ford said.
U. S. Claimed STA 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
aimed at recovering the money.
His three lawyers have five
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 die
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.
man gave the jury.
In summing up yesterday, Mr.
Doub was dwelling on Boards
known gambling activities. Mi
chael Gould, one of Mr.. Ken.
ney's associates, objected or
grounds the Government wa.
trying to convict Beard of gam.
bling, whereas the case involved
only tax issues. He shouted thai
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.. DouE
withdrew the remark, explaining
he made it lin 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 matter eligible for then
consideration. Boards refusal te
take the witness stand, or revea
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 al
the income listed in the indict.
ment. It would be sufficient i.
the jury felt he evaded "a sub.
stantial portion" of the sum, HI
said.
The jury returned to the cour
during its deliberation, to asl
the judge to repeat his instruc'
ton on the substantial portion
issue.
Explains Meaning.
A one-cent error would b.
trivial, the judge said. But i
the error is in the hundreds o.
the thousands-even if not il
the hundreds of thousands-thar
could be a substantial portion,
Judge Coleman said.
The defense had objected ear.
lier to Judge Coleman's refusa
to rule that substantial" meant
the major portion of the prosecu.
tion figure.
The trial opened September
27. It was one of the longest
tax trials even held in the East
and invloved one of the largesr
sums.
Beard was originally indicted
three years ago.
This is his second income ta1
conviction. He drew an ID.
month term in 1888. The none!
involved then totaled $106, ,405
including penalties.
He also served SO months IL
Atlanta. beginning in 1895. thl