TRIAL SENSATION

New Zealand Herald, Volume LXXVI, Issue 23259, 31 January 1939, Page 9

TRIAL SENSATION

SUICIDE OF WITNESS f I .M . nr " USED DETECTIVE'S GUN|. LOTTERY RACKET CASE ALLEGED INTIMIDATION By Telegraph—Press Association —Copyright - (Received January 80, 5.5 p.m.) NEW YORK, Jan. 2©' There was a sensational development to-day in connection with the second trial, now proceeding, of James Hines, formerly a district leader of Tammany Hall,. who was arrested last May on charges of being implicated in the lottery

racket and attempting to influence and intimidate judicial officers and; others charged with the . duty uf enforcing and administering the laws of New York.

George Weinberg, who was expected to be the star witness at this second trial, shot himself dead in the bathroom at his home, using a pistol belonging to a detective who had been assigned by Mr. T. E. Dewey, New York County District Attorney, to watch Weinberg to prevent just such an occurrence.

Weinberg found the gun in a pocket of the detective's overcoat, which was hanging in the bedroom closet. Mr. Dewey has suspended the detective for negligence. He said he would use a transcript of Weinberg's testimony at the previous trial, but he thought it would not be nearly effective.

The first trial of Hines, heard before Mr. Justice Pecora, broke down last September after the closing of the State's case. Evidence for the defence was being heard, and a lawyer, Mr. Lyon Boston, former assistant to the

ex-District Attorney, Mr. William C. Dodge, testified that Mr. Dodge had deputed him to investigate Hiiies' longrtimoured connection with the number* racket, but that he had found no evidence against Hines. Mr. Dewey started cross-examining. Suddenly he asked: "Don't you remember any testimony about Hines and the poultry racket?" At this counsel for the defence, Mr. Lloyd Stryker, jumped up. "Waitl" he said. "I ask for a mistrial." - Mr. Stryker argued that the prosecutor's remark had nothing to do with the trial at hand, and was deliberately prejudicial to his client. Mr. Dewey insisted. that the question was proper and justified. Mr. Justice Pecora adjourned the Court for the week-end to decide. Giving his decision two days later, Mr. Justice Pecora said that because Hines was charged only with conspiracy to "contrive a lottery," the question about the poultry racket was improper and prejudicial, and the request for a mistrial would be granted. Weinberg had given evidence at this trial that Hines received regular 1000i dollar stipends, and that occasionally Arthur ("Dutch • Sehulte") Flegenhoimer, a notorious beer-runner who was later killed by gunmen, gave him an extra 1000 dollars a week in order to reduce the number of arrests. The lottery racket netted the leaders 45,000 dollars a dav. . Weinberg also alleged that another notorious gangster, Dixie Davis, gladly supplied additional thousands with which to "keep Hines sweet." Weinberg declared he overheard a conversation between Hines and Judge Capshaw, in which the latter assured Hines that he had never failed to "take care" of arrested policy racketeers. and when an important case arose, Judge Capshaw dismissed the defendants. Judge Capshaw subsequently denied ever being influenced.