Newspaper Page Text
DIETZ RAID CASE
Interest Centers in Effect Wire-Tapping Ruling Will Have on Trial. By WILLIAM S. TARVER. Proceedings were begun before Jus tice Joseph W. Cox of District Court this afternoon in the Jewboy Dietz gambling conspiracy case, which may result in an early judicial determina tion of the important question as to whether the Supreme Court's recent decision banning interception of interstate telephone calls bars wire tapping within the District. In the so-called Nardone care the Supreme Court held that information obtained by tapping interstate wires might not be introduced as evidence in Federal courts. The problem of great importance in local law en forcement then arose as to whether Investigators might intercept calls originating in and ending in the Dis trict. which is Federal territory. At torney General Cummings has said he thought they could. Raid Made March 2!). Shortly after the Nardone decision, attorneys for Dietz filed motions to quash the search warrant used in the raid last March 29 on the Albee Build ing headquarters of National Telecast, Inc., which Dietz allegedly headed and which is said to have supplied most Washington bookmakers with illicit racing information. Dietz's counsel contended the warrant was based on an affidavit which recited wire-tapping evidence. Argument of these motions began shortly after noon before Justice Cox. Should Justice Cox rule that the wire-tapping information is not ad missible, the Government will have an opportunity to appeal prior to the trial of Dietz and his more than 20 co-defendants, who include five police men. Listened to Calls. Had the question not been raised before the trial, the Government would not have been able to take it to the Court of Appeals in event the wire-tapping evidence was not ad mitted. The Albee Building headquarters was first raided March 6 by Internal Revenue agents who had been listen ing over tapped wires to calls going in and out of the place for several months. Learning that the ' tap'' had been discovered, the Federal men made the raid hastily without obtaining a search warrant. Later a warrant was ob tained, based on an affidavit citing the wire tapping and other evidence, and a second raid was made March 29. Six on Legal Staff. Dietz and his associates were repre sented in court this morning by Attor neys William A. Gallagher. Harry T. Whelan, Irvin Goldstein. William B O'Connell. James A. O'Shea and Wil liam McGrath. Assistant United States Attorneys John W. Fihellv and Roger Robb appeared for the Govern ment. Messrs. Whelan and O'Connell at tempted to introduce testimony by raiding officers, but Justice Cox re fused to hear it. Mr. Gallagher told the court the warrant was invalid be cause there was no “probable cause,” because it recited conversations heard over tapped wires, because it did not properly describe the premises and because the supporting affidavit did not allege sufficient facts. He also asked the court to suppress the evidence sei7ed in the raids and to return it to the defendants. Treatment of Jews Protested. LONDON. Jan. 7 (TPi.—Comdr. Oliver 8. Locker-Lampson, who aided the Ru manian royal family when they were driven from Bucharest during the , World War. cabled King Carol today ; protesting treatment of Jews under the new government of Octavian Goga. Numbers (Continued From First Page t beer-running business. But when he saw the numbers running in Harlem he Jumped into a racket far easier and simpler and vastly more profitable. ! Lucky Luciano, who is in the peni tentiary at last, thanks to Mr. Dewey, j had four or five thriving rackets, the most lucrative being narcotics and i prostitution. A1 Capone started as a gambler. Not all gamblers set out to be crooks and thugs and strong-arm men. Per haps most of them don’t. A good j many don't feel that they are criminals : at all, but merely breaking a foolish 1 law. Doesn't everybody gamble on1 something—bridge or penny-ante or j the stocks? They plan to run “an : honest little game” and give every- j body a fair break. Cards of Fate Stacked. But the cards of fate are stacked against them. They might want to run a nice clean little game—but try to do it! Their business is outside the law. They can't appeal to the law to police their business, to keep unde sirable elements away. They soon learn that men engaged in an illegal game must look after themselves, make their own rules, compromise as best they can with the guntoters, housebreakers and yeggs who pervade their milieu. The first thing these honest gam blers know they are arrested for one thing or another. Perhaps a raid, which may be merely a police gesture. Perhaps some obstreperous thug has been beaten up. Before long the gam blers have what is known as police records. Their offenses may have been trivial at first, but gradually they take a definite place in the scheme of things. The underworld looks on them as “right guys” and the law turns toward them suspiciously when ever there Is a homicide, and detec tives seek bandits and burglars in their hangouts. They usually wind up tangled inextricably with the under world—often In the penitentiary or dead with their clothes on. One of Washingtons largest num bers operators is serving 18 months to 2 years in the Atlanta penitentiary for assault with intent to kill. Before thit he had been in jail repeatedly on various charges, though never con victed. Served For Tax Fraud. Another numbers banker, who is known as the squarest gambler in this section, as a man who always pays off and never cheated any one, served a jail term for defrauding the Gov ernment on his income tax. And this same fellow was kidnaped and forced to, dig Up $25,000—reputedly by a Capone mob. He has found It Im possible, however good his Intentions, Held in Death GIRL ACCUSED OF STABBING FATHER TO DEATH. DOROTHY SCHAEFER. Charged with fatally stab bing her father as she pre pared to attend church choir practice. Miss Schaefer, 18, u'as questioned by Jersey City police. She told them she plunged a carving knife into the breast of Charles Schae fer, jr., because he menaced her and her mother in which she called an alcoholic fury. She said she meant only to scare, him. —Copyright, A. P. Wirephoto. I — Arrested in Raid. He Is Ar raigned on New Gaming Charge. Carroll Peyton (Nubbyl Nuckols. arrested in a gambling raid yesterday while at liberty on bond under an appeal from his conviction on a charge of setting up a gambling table, pleaded not guilty today when arraigned be fore United States Commissioner Nreham C. Turnage on a new charge of setting up a gambling table and was held under $3,000 bond. Patrick R. Geary, 58. of the Ohio Hotel, and Lawrence F. Pisana, 32. of the 1400 block of Rhode Island avenue N.W.. arrested in the same raid with Nuckols. in the 1400 block of I street, entered like pleas on similar charges and were held under $1,500 bond. Nuckols was allowed to make bond following his recent conviction when a substantial question of law was i raised. He was first arrested March 10. 1937, and convicted for operating a gaming table in the 1200 block of Fourteenth street N.W. Three other charges are pending against him, one for conspiracy to set up a gaming table and two for setting up a gaming table. Vice squad members said equipment for betting on the horse races and numbers slips were seized in the raid. Eleven other men found in the place were booked for investigation and re leased. In a second raid yesterday in the 1100 block of Fourteenth street N.W. four men were arrested, one on a charge of setting up a gaming table. He gave his name as Robert Nelson, 39. 1400 block of Park road N.W. The other three were later released, and Nelson held under $1,500 bond. Nelson's case was continued until January 21 by Commissioner Turnage today. --• The government of Switzerland is being urged to construct an electrical furnace, the country having no blast furnaces, to smelt iron found recently in a large field. to keep clear of hijackers and bandits. Gunmen find numbers headquarters, bookmaking establishments and gam bling houses excellent spots to hi jack. There's always a lot of good hard cash around. There was the case of Tex »which is not his nickname), a properous num bers backer. At the time he was clearing the day's business in a discreet apartment not far from La fayette Park. Late one afternoon, after all the pick-up men had been checked out and he and two office girls were about to close up for the day, the front door buzzer sounded. Three long buzzes, tw'o shot ones, then a single. That was the open sesame. Probably Dick or Eddie had forgotten something. But when Tex opened the door, a burly stranger shoved his way in. followed by a companion. The stranger had a gun and he scooped up the stack of money on the table, the day s net profit, some $5,000. When the two thugs had left, Tex smiled. "I know the guy with the gun,” he said. Who was he? the girls demanded. Should they phone the police? “Never mind who he is,” said Tex. “And forget the police. I’ll take the rap.” Brady Gang Were Here. So you can search the records at headquarters and you won’t find any report on the hijacking of Tex’s place. But things like that get around. De tectives heard of it. They also learned the identity of the bandits. They were the Brady gang, wiped out by G-men on a street in Bangor, Me., less than two months later—two of them killed and a third captured. The killer* had dropped into Washington to pick up some easy change. No doubt they’d heard what great strides the numbers business was making here. No, gamblers seldom report such occurrences. For one thing they don’t want any more contacts with the law than they can help. For another, they’re often afraid of the desperate gunmen who do these jobs. Tex didn’t want any trouble with the Bradys. They might have heard he tipped the police, and that probably would have been too bad for him. For one professional gambler who stays away from the more violent types of crime and sticks to a suave racket, there probably are a dozen who go the whole way eventually, become all around crooks. And, despite the reputation of Wash ington numbers men for paying off on the dot, things happen which lead one to wonder whether they’re always ethical. Only the other day a young woman played a couple of dollars on a num ber. It hit. She was paid off. On her way home that night, with $1,200 in her handbag, she was slugged and robbed. It may have been only a coincidence that she was waylaid on this particu lar evening. It may have been. DR. FRANK TAKES G.O.P. POLICY POST P* Assistance of Every Group in Nation, 'Regardless of Party Lines/ Asked. By the Associated Press. Glenn Frank, taking over the chair manship of the Republican party's Program Committee, asked today for j the assistance of every group in the Nation, "regardless of party lines or of sectional Interest." The 50-year-old editor and lecturer, who formerly was president of the University of Wisconsin, accepted the assignment last night In a telegram to John Hamilton, chairman of the Re publican National Committee. “As I sense the spirit of the members who have already written to me," Dr. Prank said, "this commission will not be an agency of petty fault-finding or vindictive attack. "It will seek to play its full part In a sincere, open-minded responsible search for the principles and lines of national action that will keep America a going concern.” More than 150 men and women will serve on Dr. Frank's committee. The chairmanship was tendered him by the party’s Executive Committee at St. Louis last month. Dr. Frank told Chairman Hamilton he was free ‘‘to accept this post with out any prior obligation to any indi vidual or to any group in the party.” "It is not the business of this com mission to write platforms for the 1938 and 1940 campaigns,” he said in In terpreting his duties. "It is not the business of this commission to promote the candidacy of anybody for any office. "Since office-holders of the party are not in its membership, this commis sion is a body of laymen asked to de vote themselves behind the lines of formal party action to a study of the extraordinarily grave social and eco nomic difficulties that now confront the Nation. “The gravity of the situation cuts across the traditional boundaries of all parties, all sections and all groups.” Chairman Hamilton praised Dr. Prank for the “high purpose” with which he began duties. Dr. Prank headed the University of Wisconsin 11 years, until differences with Gov. Philip La Follette led to his removal a year ago. ----•-—-. Cattle Die in Drought. Drought has been so severe and so prolonged in the district between the Gulf of Carpentaria and Cape York in Autralia that some herds of cattle have been reduced 50 per cent. TRAFFIC FATALITIES IN RURAL AREAS JUMP A. A. A. Announces Deaths for 1937 at 39,243 and In jured 1,374,000. Rural traffic fatalities are mounting at a faster rate than those occurring In major cities, the American Auto mobile Association declared today in announcing the tentative number of traffic deaths for 1937 at 39.243, i and injuries at 1,374,00, an all-time high. This statement was based on tele graphic reports from motor vehicle and other departments in 38 States and the District and estimates com piled from figures available from the 10 other States. The injury figure is based on the accepted ratio of 35 injuries to each death. Even with some of the returns in complete, the figures are more than 5 per cent above those for 1936, it was said. Armory Work to Start. GETTYSBURG, Pa„ Jan. 7 UPV_ Gov. George H. Earle will turn the first shovelfull of earth for Gettys burg's new $50,000 State Armory at cerrmonies Saturday afternoon. Gefl. Edward C. Shannon, head ot ; the Pennsylvania National Quard, will speaK at the close of a street parade I of veterans, civic and patriotic bodies. y % *AII Park Lane Clothes reduced to *32.85 Its a DOUBLE-EDGED PRICE CUT,'this time. And you needn't be an Einstein to figure it out. While most clothiers boosted prices, we sat tight. OUR prices stayed down — OUR customers saved money all season. Now, on top of that, you’re going to save still more. Prices that were low to start with, are now sliced even lower — as much as 24%. And that, gentlemen, Is something to shout about. Ar As usual, this Sale covers every overcoat and every suit* in the store. And because Winter,has been sulking in the background, selections are larger and more complete than in many a year. Starting with style, you'll see an unbroken array of this year's favorites. Going to color and pattern, your choice will range from vigorous plaids to conservative oxfords. And when it comes to sizes, just bare your manly chest end we’ll fit It. Ar This Half-Yearly blowout always plays to a full house—so it will pay you to get here today or tomorrow! Your saviag—as large as $7.15 — will jinglewery pleasantly in the pocket of a new Bond suit or. overcoat. * Tw «nrf T«K* 1335 F St. N.W.