Evening star., 1954-12-17
Brief Defense Sends
Warring Tax Case
To Jury Monday


Washington gambler Emmit r.
Warning is expected to 60 to
q Federal Court jury Monday,
with the defense apparently in
tending to place its chief empha-
sis on its argument to the jurors.
Defense attorneys took less
than 80 minutes In presenting
testimony yesterday afternoon,
then announced they were I'm
ished.
The trial was recessed until
10 am. Monday, when final
arguments will be given, after
which the case will 60 to the
jury. The Government con-
tends Warning evaded $91 900 in
income taxes in 1947.
Five Defense Witnesses.
After the Government closed
its case in the trial yesterday
in U. S. District Court for the
District of Maryland, the defense
called only five witnesses. two
of whom already had appeared
as Government witnesses.
Two gave testimony designed
to support the defense conten-
tion that the Government failed
to take into account all of
Warnings assets and cash in
making its calculations of his
1947 income.
Edward d. Francis, assistant
vice president of the Arlington
Trust Co., testified that Warning
had a saving account of about
$285 in the Rosslyn branch of
that bank during 1947.
Roy L. Jones, mortgage loan
clerk at Perpetual Building Asso-
clation, Washington, told the
jury Warning obtained a $10,5OO
cash loan on his home at 5000
Macomb street NV. on May 6,
1949, and that he also had a
share account at the firm.
Charles E. Ford, one of War
rings attorneys, said the Gov
ernment had failed to take any
of these things into account in
figuring the gamblers cash
transactions or his assets to fig
ure what he owed the Govern
ment in 1947.
$1.24 Figure Revealed.
Judge w. Calvin Chestnut asked
Mr.. Ford the amount of the share
account. Mr.. Ford replied that
the amount was not important
but that it was important to
show that the Government had
overlooked various items in its
calculations.
Pressed by Judge Chestnut. to
give the amount in the share
account, Mr.. Ford said that it
amounted TO- $1.24 at the end
of 1946 and $126 at the end
of 1947.
Myron G. Ehrlich, Washington
trial lawyer, another defense wit
ness, supported disputed state
ment made Tuesday by F. Joseph
DonohIe, former District of
Columbia commissioner.
In 1889, MI. Ehrlich and Mr..
Donohue were among defense
attorneys III another tax case
against Warning. Mr.. Donohue
had testified the trial was inter-
rupted long enough to allow him
to go to 1885 Massachusetts, ave-
nue. NV. to &c, $4,000 to settle
civil claims against him.
Challenged by Doub.
The next day, United States
Attorney George Cochran Doub
characterized Mr.. Donohue's
statement as untrue and said the
settlement had been made at
least q month after the trial
ended.
Mr.. Ehrlich said he did not
recall the exact date of the
settlement. but he emphasized
that the settlement had been
agreed upon while the criminal
trial was in progress.
He said ne accompanied Mr..
Donohue to get the money.
The money. he said, was taken
from safe and handed to Mr..
Donohue-by whom he did not
recall.
did you see any money left
In the safe after the $4,000
was taken out" Mr.. Ford asked.
d Il saw great deal of money
there, Mr.. Ford" Mr.. Ehrlich
replied, On Tuesday, Mr.. Dono-
due had testified there was more
money there than I have ever
seen"
Mr.. Doub asked Mr.. Ehrlich
If he were sure the settlement
had been made while the trial
was in progress.
That's my recollection-a
very good one" Mr.. Ehrlich said.
Special Agent Testifies.
E. Russell Kennedy, jr.. a
special agent for the Internal
Revenue Service. called as a re-
buttal witness by the Govern
ment, said the bank accounts
and loans mentioned by defense
witnesses would have the effect
of increasing Warnings 1947
income by more than $1,000.
For example. he said. the
share account at Perpetual
would have increased the income
by 2 cents.
did you say cents?" Judge
Chestnut asked.
yes, sir, 2 cents" Mr.. Ken
nedy replied. The agent said
that the repayments on the loan
in l947 would increase War
rings net worth by $l,043.97.
Account Books Offered.
Over strenuous objections by
Mr.. Doub, defense attorneys
gave the jury for its considera-