Evening star., 1954-12-16
U. 5. Nearing Close
OF Prosecution in
Warning Tax Trial
By Jock Jonas
Star StoH Correspondent

BALTIMORE, Dec. l6.-The
prosecution was expected to close
its case today in the hope the
Government had proved that
81 Emmitt r. Warning evaded $92,-
3 900 in income taxes in 1947.
United States Attorney George
Cochran Doub said yesterday he
was nearly through with his
case, after a hectic afternoon in
8 the income tax evasion trial Of
the Washington gambler In u. s.
District Court for the District Of
Maryland.
DonOhue Assailed.
a9s During the afternoon:
az /. Mr.. Doub accused F. Joseph
sD Donohue, former District of Co
. lumbia Commissioner. one of the
1 Governments witnesses Tues
M day. with making an untrue"
& statement. Later, Mr.. Doub said
b he had intended to say an ''in-
M correct" statement.
2. Charles E. Ford, Washing
ton trial lawyer and one of War;
rings defense attorneys, OBJ
jected to a statement by Mr..
Doub that one of the Govern
ment witnesses had been vague"
In his testimony.
d 3. Judge w. Calvin Chestnut
admonished the prosecutor if he
felt one of his witnesses had
been vague about procedures in
admitting people to safety de-
post boxes, he should call bank
officials to clear things up.
Tells of 1899 Case
Mr.. Donohue had testified on
Tuesday that criminal case
against Warning in 1889 had
been interrupted to allow him
to get $4,000 in cash. which he
said had been agreed upon as
a settlement of the civil claim
against Warning and his BROTH
ers, Charles (Rags) and Leo
Warning. Mr.. Donohue repre-
sented Emmitt Warning at the
time.
During questioning yesterday
of E. Russell Kennedy, jr, a
special agent for the Internal
Revenue Services intelligence
division, Mr.. Doub asked:
WAS that payment (the $1O,-
000) made in settlement of any
criminal case pending against
any one?"
Mr.. Ford, whose demeanor
during the current trial has
been, for him, comparatively
quiet, leaped to his feet and OBJ
jected. Judge Chestnut asked Mr..
Doub the purpose of the state
ment.
Mr.. Doub then recalled Mr..
Donohue's testimony about the
trials interruption and said:
That statement was abso-
lutely untrue"
He said it had created an i'm
preston that the money was in
settlement of a criminal case.
Revises Statement.
Mr.. Doub pointed out that the
1889 tax trial against Warning
had ended on May 2 and that
the settlement did not come until
June. He told reporters iater
he meant to say that Mr.. Dono-
hue's statement was incorrect. /"
You can't impeach your own
witness by calling another wit
ness" Mr.. Ford said. Il think
If there has been a misimpres-
sion, it would be we'll to have it
corrected. The only point ! want
to make is that We have nothing
to do with it."
(Mr. Donohue told The Star
today that Mr.. Doub must be
the sole person who was mis-
led by the testimony.
8, C"Any child knows you can't
settle a criminal case by pay
hment of money" the former
SDistrict Commissioner said.
(He said that a letter in
stroduced in testimony made
Sit clear the $4,000 settled
only civil case. A defend
ant's payment in a civil case
may affect the judges decision
Ain a criminal suit, he said,
but "any f1rst-year law stu
dent knows you can't settle a
criminal case by payment.")
@ At another point. Mr.. Doub