Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-03-15
Land
Deal Case Goes
To Jury Today
Careful Analysis
Of Evidence Needed.
Judge Emphasizes


case is necessary.
The land speculation charges
against the two defendants
IConstas (Gus) Basiliko and Max
Gutenberg, are to be deliberated
by the jury of nine men and
three women this afternoon fol-
lowing final arguments by the
State and the defense. Judge
Anderson completed his instruc-
Itions to the jury after an an
nouncement by States Attorney
Alger Y. Barbee that the prose
cution has abandoned one of the
two remaining counts against
the defendants.
! After three days of testimony
the defense rested its case
yesterday.
Trial in Ninth Day
The trial, marked by moments
of high drama, frequent confer
ences at the bench and numer-
GUS objections, is in its ninth
day.
1t is the longest trial in the
memory of Circuit Court Clerk
Clayton K. Watkins, who has
been in the clerks Office for 4l
years.
The two defendants appeared
weary and exhausted yesterday
as they sat with their heads
lowered through most of the
final testimony. Gutenberg, who
is 81, was suffering from a stom-
ach ailment.
Basiliko and Gutenberg were
among five men indicted by 6
grand jury last November or
four counts of conspiracy to de.
fraud the State Roads Commits
sion through land value ma
nipulations in the paths of new
highways.
Two of the counts were
knocked out before the tria
began.
Two AbsOlyed
Two of those indicted, Jerry
Goldberg and Joffre r. Rosen-
field, were acquitted ON tht
opening day Of the trial March
5 when States Attorney Bar
bee said. investigation had
convinced him. ofAatheir limo.
cence.
The two men, straw parties
for Gutenberg in a land dea
for the new National pike or
the outskirts of Rockville
turned States witnesses.
The fifth man named in the
original indictment was Ben d.
Pre-, former roads commission
lright-of way engineer, charged
with leaking inside information
ion new roads to Basiliko, with
whom he Jointly owned land ir
Prince Georges County on which
Gutenberg held mortgage.
| The dramatic high point Of
the trial came last Thursday
when Deputy States Attorney
Leonard T. Hardy announced
the next States witness would
be Du Pre-.
Du Pre- walked in to testify he
had lied under oath at hearings
on his custer last summer anc
that he had had an agreement
with Basiliko whereby he was
cut in on commissions the lat
ter made on property sold tc
the roads commission on tips
received from Du Pre-.
/ Du Pre-, who fed to his native
Mexico last October, said he
returned to this country on De-
cember %. Since then, he re-
portedly had been in hiding in
Michigan, returning to Wash
Iington only for conference with
State prosecutors.
Du Pre- testified. under the
cloak of State wide immunity
that he received about $4,000
in cash and property interests
for his part in the alleged con-
spiracy.
10-Year Term Possible
| Conviction of the conspiracy
charge carries a maximum pen
atty of 10 years Imprisonment
and a $4,000 fine.
The defense was carried by
attorneys Vivian v. Simpson
Joseph B. Simpson. jr., and Wal
ter w. Dawson.
I The defense sent a string OF
State and county roads and
planning officials to the stand
Ito show that the pair did not
need inside information" to in
vest wisely in land along the new
route.
The route of the proposed Ma
tional pike was a matter OF
public knowledge in 1852, and
centerline survey stakes were
lin the field by January. 1858
the defense commended.
! Under scrutiny during the trial
were seven transactions involv-
ing sales of land to the roads
commission by Gutenberg OF
Basiliko or through straw parties
for them. The land lay between
Hyattstown on the north and
Rockville on the south.
The State brought out testi-
mony from Goldberg during the
trial that his records kept fol
Gutenberg showed Gutenberg ano
Basiliko had proflted to the tune
of $4,000 each on the land
transactions.
Dinner to Aid Bond
|