New Style Trial

The classic criminal trial in the U. S. is one like that of the late Bruno Richard Hauptmann, a bitter battle of wits in which a prosecutor, inch by inch, weaves a damning web of evidence around a stubborn, close-mouthed defendant. Another kind of criminal trial, hitherto associated with Moscow, was last week proceeding in Manhattan. In it members of a conspiracy stumbled over themselves in their eagerness to confess dastardly deeds, while the only alleged conspirator who did not admit guilt looked as though he could hardly believe his ears.

By last week bluff, hearty old Tammany Leader Jimmy Hines. on trial as political fixer for New York City's numbers racket (TIME. Sept. 5), had heard a long string of criminals readily admitting bribery, thuggery and perjury in building their $20,000,000-a-year gambling racket. Last week Prosecutor Thomas Edmund Dewey called two more witnesses embarrassing to the defense.

John F. Curry, 64, was big boss of Tammany Hall from 1929 to 1934. White haired and benign, the old Tammanyite walked to the stand without a glance at powerful old Tammanyite Hines. who helped to make him boss and later led the movement to oust him. Prosecutor Dewey had been trying to show that one of Hines's great services to the numbers racketeers was his ability to get troublesome detectives transferred to other duties. He asked Mr. Curry:

"Did you convey requests to the Police Commissioner for changes of assignment of policemen?"

''Yes. sir," replied Boss Curry.

"Did Hines make requests for changes of assignments?"

"Yes, sir."

"And after you transmitted such requests, were they granted?"

Leader Curry, seemingly surprised, stammered: "Why. invariably so. Yes. sir."

Another witness was Julius Richard ("Dixie") Davis, the racket's smooth young mouthpiece, whose career at the bar, a polar opposite to that of 36-year-old Thomas Edmund Dewey, was fully as precocious. Having turned State's evidence in hope of saving his hide, Davis answered most Dewey questions with a bright "That's right." He described his association with the racket's murdered boss, Arthur ("Dutch Schultz") Flegenheimer, and with Jimmy Hines. At 27. said Dixie, he had five lawyers working for him and paid $7,500 a year in office rent. He described paying off Hines, in $500 and $1,000 chunks, himself and through intermediaries, told how Hines asked Tammany Magistrates Francis Erwin and Hulon Capshaw to dismiss policy cases.

With Defense Attorney Stryker, Dixie was so pert and adroit that Justice Ferdinand Pecora warned him repeatedly.

"Have you any regard for an oath?" barked Attorney Stryker.

"I haven't up to now." said Dixie Davis. "I was in fear all the time until this trial."

"Did your conscience trouble you when you put your hand on the Bible in the Grand Jury room," sneered Attorney Stryker.

"No."

"You didn't?"

"They don't give you a Bible in the Grand Jury room," twinkled Witness Davis. "You raise your hand in the air."

As court recessed for Labor Day week end. Prosecutor Dewey announced that "the people's case is rapidly drawing to a conclusion."

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