Mr. BAUMAN. May I suggest to the subcommittee that the illness of Mr. Beard be verified; that an investigator of the subcommittee be permitted to make a check as to the facts pertaining to the alleged illness of Mr. Beard, and that if necessary, whatever other action be taken in order to check on the actual existence of his physical disability. I am sure that counsel is aware and Mr. Beard is aware that the expiration date of this committee is January 31, and I think that Mr. Beard is a witness of such importance that every effort should be made to insure his appearance before this subcommittee. Mr. HUGHES. I might say Mr. Beard is perfectly willing to appear. I have talked to Mr. Beard. He took sick last Saturday. He has been bedridden since that time, and he is not trying to avoid his appearance before this committee. The CHAIRMAN. Mr. Hughes, would your client be willing to submit to an examination by a reputable physician chosen by the committee or its staff? Mr. HUGHES. That was even suggested yesterday to Mr. Bauman by me, sir. We have no objection at all and I will say as a member of the bar that I know, after having visited and talked with Mr. Beard over this period of time since last Saturday, that he is a sick man. The CHAIRMAN. Without objection, the staff will make or have made such investigation as it considers proper to determine whether Mr. Beard is too ill to appear and testify. Mr. HUGHES. Thank you, sir. The CHAIRMAN. Call the next witness. STATEMENT OF CHARLES E. FORD, ATTORNEY, REPRESENTING ABE PLISCO Mr. FORD. Mr. Chairman and Senators, my name is Charles E. Ford. I appear here as the attorney for the witness who is just called. He was served with a summons which requires attendance here today. At the time of the service of the summons, he was a patient and is today in the Episcopal Eye, Ear, and Throat Hospital in this city. I have in my possession, and I this morning tendered it to Mr. Bauman, the following letter addressed to this committee from Dr. Benjamin Rones and Charles W. Sprunt of 1200 Eighteenth Street NW., which reads as follows: JANUARY 14, 1952. THE COMMITTEE OF THE DISTRICT OF COLUMBIA Washington, D. C. GENTLEMEN: Mr. Abe Plisco had a cataract operation performed by me on his right eye on Tuesday, January 8, 1952, and is at present a patient in the Episcopal Eye, Ear, and Throat Hospital. It is my request that he be excused from appearing before you on January 17, 1952, at 9 a. m., in answer to your summons. It would definitely jeopardize the success of his operation. Very truly yours, BENJAMIN RONES. At the same time I would like to advise the committee that I will I will advise them when any bandages are taken from his eyes. I will also advise you when he leaves the hospital. We are also ready to cooperate with any suggestions the committee has of their own determination to investigate the validity and the legitimacy of these representations I have just made to you. Mr. BAUMAN. I asked Mr. Ford when he spoke to me about this matter this morning whether he could make any estimate of the time that Mr. Plisco would be a patient in the hospital. He said he could not at this time. I shall avail myself of Mr. Ford's suggestion to have the committee staff investigate to see when he will be able to appear before the committee. Mr. FORD. May I file that letter of the doctor here? The CHAIRMAN. It will be filed and made a part of the record. (The document above referred to was marked "Exhibit No. 13" for identification and will be found in the files of the subcommittee.) Mr. BAUMAN. Mr. Chairman, at this time may all witnesses other than Emmitt Warring be excused until tomorrow morning at 10 o'clock? The CHAIRMAN. Without objection all witnesses except Mr. War-ring will be excused until tomorrow morning at 10 o'clock. There will be no session of this committee this afternoon. Please call your next witness. Mr. BAUMAN. Emmitt Warring. The CHAIRMAN. Mr. Warring, do you solemnly swear that the testimony you are about to give shall be the truth, the whole truth and nothing but the truth, so help you God? Mr. WARRING. Yes, sir. Mr. FORD. Mr. Chairman, may I put into the record that I represent this witness? The CHAIRMAN. Certainly. TESTIMONY OF EMMITT WARRING, WASHINGTON, D. C., ACCOMPANIED BY CHARLES E. FORD, COUNSEL Mr. BAUMAN. Where do you live, Mr. Warring? Mr. WARRING. 3900 Macomb Street NW. Mr. BAUMAN. Washington, D. C.? Mr. WARRING. Yes, sir. Mr. BAUMAN. How long have you lived there, Mr. Warring? Mr. WARRING. I have lived there since about 1935. Mr. BAUMAN. Do you own that property? Mr. WARRING. Yes, sir. Mr. BAUMAN. And do you remember what you paid for it in 1935? Mr. WARRING. No, sir, I do not. Mr. BAUMAN. Would it refresh your recollection if I said that you paid $18,681 in 1935? Mr. WARRING. Sir, I would like to decline to answer that question on the grounds I may tend to incriminate myself because I do have an income-tax case in court, in the Tax Court. Mr. BAUMAN. Do I understand that you feel that the purchase of a house in 1935 would bear in any way on any criminal matter? Mr. WARRING. Yes, sir; with my tax it would in this way. I think Mr. BAUMAN. Is that matter now pending? Mr. WARRING. Yes, sir, in the United States Tax Court. Senator WELKER. Counsel, may I ask a preliminary question? Mr. Warring, in any operation that you might be engaged in, do you operate as an individual, as a corporation, or as a partnership? Mr. WARRING. Sir, I decline to answer that question on the grounds I am in fear I may tend to incriminate myself. Senator WELKER. Well, if you operated as a corporation there would be a record of that corporation, Mr. Witness. I don't want to, by that question, try to incriminate you. I think counsel might help me out on that. I want to know, are you an individual or do you have a corporation! Mr. FORD. I think the two elements in the question he has in mindthe third one, to wit a corporation, he would not object to. He has never operated as a corporation. It was just the other parts of it. Senator WELKER. Thank you very much. Mr. BAUMAN. Do I understand that the nature of the matter pending against you is in any way a criminal proceeding? Mr. WARRING. Sir, I don't know. I know that the case is in the Tax Court, the United States Tax Court. Mr. BAUMAN. Have you been indicted for any income-tax evasion? Mr. WARRING. I decline to answer that question, sir, on the grounds I am in fear I may tend to incriminate myself. Mr. FORD. May I make a statement to the committee. Of my knowledge this matter is also under investigation by the United States Attorney Flynn, in Baltimore. It has been published in the paper and it is still pending there for whatever disposition the governmental authorities decide to take on the matter. Mr. BAUMAN. Mr. Warring, have you to this date been indicted for income-tax evasion? Mr. WARRING. You say until this date? Mr. BAUMAN. Yes, sir. Mr. WARRING. Back until when, sir? Mr. BAUMAN. I say as of today have you been indicted for incometax evasion? Mr. WARRING. I decline to answer that question, sir, on the grounds I am in fear I may tend to incriminate myself. Mr. BAUMAN. Now do you own any property at 3935 Massachusetts Avenue NW.? Mr. WARRING. I decline to answer that question, sir, on the grounds I am in fear I may tend to incriminate myself. Mr. FORD. By the way, may I make this suggestion. Rather than take up this committee's valuable time, may it be understood when he makes the refusal, the reasons, and then he won't have to take the time up explaining the reasons all the time, or whichever way the committee thinks desirable for the committee to do. Senator WELKER. May it further be stipulated, counsel, that when he does refuse to testify, it may be deemed that the Chair orders him to testify and that he refuses the order of the chairman of the subcommittee? Mr. FORD. Yes, sir; we do that with that definite understanding. Mr. BAUMAN. Is the property at 3935 Massachusetts Avenue NW. in the name of Esther Cady? Mr. BAUMAN. Who is Esther Cady? Mr. WARRING. That is my sister, sir. Mr. BAUMAN. Did you pay $23,500 for that property? Mr. BAUMAN. Did you pay it in cash? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. I believe you have stated many times that you own property at Colonial Beach in Virginia; is that correct? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Do you own four lots on Glascott Shore between Lee Street and the water front? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you buy that property in 1936 for $1,600? Mr. BAUMAN. Did you pay cash for it? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. There is a frame house on that property at Colonial Beach, is there not? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you build the house in 1936 for $3,450, and did you pay for it in cash? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Do you own any property at 2319 L Street NW? Mr. BAUMAN. Do you know the assessed valuation of the property at 2319 L Street NW., Washington, D. C.? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Have you ever bought for yourself or for anyone else any property near Gunsten Manor at Pohick Church, Fairfax County, Va.? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you buy 85.85 acres in 1939 for $34,500? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. In 1937 did you buy some acreage in Fairfax County near Pimmitt Run? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you pay $15,000 for it, and did it consist of 10 acres? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. In 1947 did you buy 29 acres on Columbia Pike and Sleepy Hollow Road? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. At the present time do you own any property on Columbia Pike and Sleepy Hollow Road, Fairfax County, Va.? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Have you ever been in premises 2510 K Street NW.? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. You understand, Mr. Warring, I merely asked if you have ever been in those premises. Mr. WARRING. Yes, sir. Mr. BAUMAN. Have you ever been in those premises? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Is that your sister's house? Mr. BAUMAN. Did you contribute any money toward the purchase of that house? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you have any financial interest in the property which Esther Cady sold in the Lee district of Fairfax to William C. and Janet R. Strange consisting of 6.7 acres for $17,000? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Does your brother-in-law, William Cady, own any property, to your knowledge? Mr. WARRING. I don't know of any, sir. Mr. BAUMAN. Does Mr. Cady own 15 acres in the Lee district west of Shirley Highway in Virginia? Mr. WARRING. I don't know, sir. Mr. BAUMAN. Did you give your brother-in-law any money or contribute in any way toward his purchase of that property? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Have you ever been in 4518 Brewer Place NW.? Mr. BAUMAN. Have you ever been is premises 4518 Brewer Place NW.? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Is that property owned by your brother who is known as Rags Warring? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. Did you contribute in cash toward the purchase of that house? Mr. WARRING. I decline to answer that question, sir. Senator WELKER. May I interrupt you, Counsel. Your declination to answer that question, are you claiming the personal privilege of self-incrimination as against you or as against your sister? Mr. WARRING. Against myself, sir. Senator WELKER. It in no way involves the record owner of any property that might be in your sister's name. It in no way involves the protection that might go to reported property in your sister's name? Mr. WARRING. I decline to answer that question, sir, on the grounds I am in fear I may tend to incriminate myself. Just because the property is in her name, I still Senator WELKER. You are not afraid it may tend to incriminate your sister? Mr. WARRING. No, sir. Me, sir, because of my income-tax case. Mr. WARRING. That's all, just my income-tax case, sir. Mr. BAUMAN. Mr. Warring, your mother, Mrs. Julia Warring, lived at 2528 L Street NW., is that correct? Mr. WARRING. Yes, sir. Mr. BAUMAN. Does she own that house? Mr. WARRING. I decline to answer that question, sir. Mr. BAUMAN. May the record indicate that at that time counsel and his client consulted. Mr. FORD. Sure. Mr. BAUMAN. The value of those premises is $21,223? |