Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-11-18

(VlultiUld, uc OlStrlcL BAL
Association opposed the NOM
ination-the members voted
$50 to 304 against confrma-
ton but the Senate concurrec
and Mr.. Fay took Office on No
vember 4. 1916.
In the five years that fol.
lowed, Mr.. Fay declared wal
on the Districts gambling fra.
ternity and. using his own stat
of investigators, obtaine 4
wholesale indictments against
them. His campaign was eli
NAKED BY the conviction of the
FIRST local gambling kingpir
ever to 60 to jail, william
"Snags" Lewis.
His methods brought him
into conflict with former Pc.
lice Chief Robert j. Barrett
and on occasion. with the press
and within two years the
United States attorneys Office
was operating in competition
with the police.
Worked Independently
Mr.. Fay's investigators
headed by then Lieut.. Joseph
w. Shimon, worked independ-
emily of Mai. Barrett's men
There was much secrecy anc
fear of leaks about impending
moves against the underworld
On one case, Mr.. Fay's mer
obtained an Indictment against
four dice players for fleeing
a Hawaiian businessman Of
$500; he used the evidenc,
given by the victim. The polio,
tried to make a separate cast
based on observations through
a window, but lost in the courts
The feud widened the breach
later when Mr.. Fay lost 9
gambling case because police
had not obtained warrants
before making the arrests. The
District Attorney said he woulc
no longer prosecute such cases
and Maj. Barrett stuck to the
position that his men would
keep on making warrantless
arrests to harass the gamblers.
Mr.. Fay was little known and
inexperienced in criminal law
when he took Office. But by
the time his first term -four
years. had expired he was able
to point to a productive record
of law enforcement. Among
those he successfully prose-
cuted were Gen. Bennett E
Meyers. former Representative
j. Parnell Thomas, Republican
of New Jersey, and Oscar Col
lazo, the Puerto Rican who
tried to assassinate President
Truman.
Resigned Because of Salary
In 1851. the President nomi-
mated Mr.. Fay for another
term. However, in october OF
that year he resigned because
of the meager $4,000 salary
prescribed for the Office and
formed his own law firm in
partnership with H. 10y An
derson. president of the Metro
politan Mortgage Co.
Mr.. Fay was born in West
Pittston, Pa, and was gradu-
ated from high school there in
1927. He obtained an ABB. de-
gree from Georgetown Univers-
ity in 1881 and his law degree
in 1885. He had worked sum.
mers laying railroad tracks anc
on the switchboard at George
town University.
He became an attorney in
the Bureau of War Risk Liti-
cation in 1885 and a special
assistant to the Attorney Gen.
eral in the Criminal Division
in l94l. In 1912, he was APP
pointed executive assistant to
the Attorney General, Tom
Clark. AS a Navy lieutenant in
World War II. Mr.. Fay was
special counsel to the House
Naval Affairs Committee and
the Nays Board of Contract
Appeals. Later, he was the
Nays liaison officer with the
congressional committee prob
ing the Pearl Harbor fiasco.
Worked With O'Dwyer
After the war. Mr.. Fay re-
turned to the Justice Depart
ment and worked with William
ODwyer. later the Mayor OF
New York. prosecuting war
fraud cases. 1t was from this
post that Mr.. Truman nomi-
mated him for the job of United
States Attorney here.
Mr.. Fay had lived with his
family at COOS Cromwell drive,
Wood Acres. Md His is sur
vived by his widow. the former
Dorothy Donovan, and five
children: Mrs. Richard, Varney
of Camp Lejeune. N. C.. and
Nary Lynn. John. william and
Gerald, all of the home adj
dress. Mrs. Fay is the daugh-
ter Of the late william H.
Donovan, who participated in
the defense of Edward L.
Doheny in the Elk Hills oil
scandal during President Hard
ing's administration.
The body may be seen at the
home from 4 pm. to 10 pm.
today and from 10 am. to 10
pm tomorrow. Requiem mass
will be celebrated at 10 am.
Wednesday at the Little Flower
Church on Massachusetts, ave-
nue. extended. Burial arrange
ments have not been completed.
The family requests that ex-
pressions Of sympathy be in
the form Of donations to the
Georgetown University Hospital
Cancer Fund.
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