DEDHAM, July 12, 1928—The four members of Norwood Lodge of Elks charged with promoting a lottery in the town of Norwood on June 17, when It is alleged they raffled off a large automobile on chance books were found guilty in Dedham District Court this morning by Judge E. Dwight Fullerton and were fined $25 each.
The exalted ruler of Norwood Lodge of Elks, Arthur B. Rogers, and the secretary. J. Irving Reid, were specifically charged with being concerned in promoting a lottery. Michael J. Gallagher and John R. Bell, members of the lodge, were specifically charged with selling tickets for a lottery. All four went on trial yesterday and the 2 case was resumed and completed this morning with findings of guilty and the imposition of fines on the four men.
When the trial resumed this morning the District Courtroom was filled with members of the Elks, other fraternal organizations and charitable societies and members of the bar interested in the outcome of this lottery case, the first of its kind in this vicinity since former Atty Gen Arthur K. Reading barred all forms of chance books and lotteries whether for commercial profit or charitable purposes. The action of the Attorney General in calling for the strict enforcement of the lottery statutes has meant a considerable loss of revenue to many organizations and representatives of various societies attended the trial day.
Marcus T. Jacobson, agent of the Watch and Ward Society, which secured the evidence against the Norwood Elks, again took the witness stand this morning. He was the investigator who secured the evidence prior to the field day on June 17 at Norwood. Jacobson said that he talked to Reid and Rogers after Lieut Detective John F. Stokes of the State Department had warned the Elks to call off their scheduled drawing of lots for the automobile.
Jacobson testified that Reid gave him a list of the Elks committee which voted to purchase the automobile. Witness said he asked for a full list of lodge members, but Reid would not give him this, as he said it belonged to the lodge. Witness said that Rogers told him the drawing would probably take place on Monday. June 18.
Police Chief Testifies
Chief of Police William E. Sullivan was the next witness summoned for direct examination by the Watch and Ward Society. He said that he talked to officer Stokes of the State Police on June 14, and as a result of that conversation told Reid and Rogers to call off the drawing.
He also testified that Stokes showed him a local newspaper containing a large advertisement of the field day. The advertisement contained the statement, he said, that “Someone will drive home a beautiful car.”
He said Stokes told Reid and Rogers that this was a violation of the law and could not be condoned. Rogers said to Stokes, Sullivan testified. “They are getting away with it in other places.” Stokes said to Rogers. “Do you want to embarass your chief of police by having the Watch and Ward come out and raid the Elks?” Rogers said ”no,” according to Sullivan.
Sullivan said that he, with Rogers and Jenkinson, went to the Elks’ Club and saw Reid, and asked him for a check list of members of the lodge. This Reid refused to give, on the ground that it was the property of the lodge, Sullivan said.
Denies Winning Car
The next witness was Peter J. Feeney of Norwood, an automobile salesman, summoned by the Watch and Ward. After being questioned by attorney Rorke of the Watch and Ward, Feeney refused to testify on the ground that he might incriminate himself, being himself a member of the Norwood Lodge of Elks.
He did not, however, deny that he had been given an order for a sedan. He stated that it was a written order, but he refused to produce it. He said that he delivered the lease for the car to Rogers one day on the street, and that there were three copies, all signed by Rogers.
Feeney said that when Jenkinson spoke to him he flashed a policeman’s badge on him. and said he came from the office of Gen Alfred F. Foote, Commissioner of Public Safety. This Jenkinson denied.
Herbert E. Hertig of Boston, an automobile dealer, summoned by the Watch and Ward, also refused to testify, on the ground that he might incriminate himself.
Patsey Razzo of 23 Dean st. Norwood. said to have been the winner of the car, denied having won it, when called to the stand, and denied knowing Rogers or Jenkinson.
Senator James Appears
At the close of Rezzo’s testimony both sides rested. Senator George F. James, past exalted ruler of the Elks and chairman of the Reading investigating committee, defending the Elks in this case, asked the court to exclude exhibits offered, such as stubs of chances and the advertisements in the papers. He told the court that in his opinion no proof of a lottery had been brought against the defendants. They had not in any way been connected with a lottery, he said.
Judge Fullerton, however, said:
“There is no doubt in my mind that a lottery was being planned, and was in part carried out. Although no private Individual was receiving any gain and it was for charitable purposes. nevertheless they broke the statute.
He found all four defendants guilty and sentenced each to pay a 225 fine. All appealed and each was held in $200 for the September sitting of the Criminal Court.