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UNITED STATES v. BAKER

April 30, 1965

UNITED STATES of America
v.
Murray B. BAKER and Victor O. Gates, Sr



The opinion of the court was delivered by: FOLLMER

Defendants, Murray B. Baker and Victor O. Gates, Sr., pleaded not guilty to an Indictment of three counts, waived jury trial and in lieu of taking testimony before the Court, submitted the case on a Stipulation of Facts.

The first two counts of the Indictment charged that defendants did knowingly, willfully and intentionally carry, transport and caused others to carry and transport in interstate commerce from Harrisburg, Pennsylvania, to New York City, New York, and thereafter in foreign commerce to the Republic of Haiti, books of lottery tickets, slips, papers and writings, knowing that said books of lottery tickets, slips, papers and writings were used, to be used, and adapted, designed and devised for use in a numbers, policy, bolita or similar game based upon the outcome of a sporting event, as they then and there well knew, all in violation of 18 U.S.C. § 1953(a) and § 2. The third count is a conspiracy count.

 It has been stipulated that,

 (a) During 1962, Murray B. Baker and Victor O. Gates, Sr., were engaged in the industrial printing business in the Telegraph Building, 216 Locust Street, Harrisburg, as officers and active operators of Industrial Press Company, Inc., hereinafter called 'Industrial'.

 (b) Industrial was incorported January 11, 1962 in Pennsylvania, and the incorporators were Murray B. Baker, defendant herein, Frank Swigert, Jr., and Regina M. Francis.

 (c) During the calendar year 1962, said defendants, Baker and Gates, were Vice President and President respectively, of said Industrial.

 (d) During the calendar year 1962, said defendants, Baker and Gates, were actively engaged in the management and operation of said Industrial.

 (e) On July 23, 1962 said defendants, Baker and Gates, caused to be transported from Harrisburg, Pennsylvania, in this district, to Republic of Haiti via New York City, New York, 25,000 books of lottery tickets, slips, papers and writings, which had previously been printed by them at Industrial aforesaid, immediately prior to the shipment thereof, all of which said material was to be used and was designed for use in a lottery based upon the outcome of a sporting event, to wit, the running of the International Horse Race at Laurel, Maryland, on November 12, 1962; the said shipment of books of lottery tickets, etc., was consigned from Harrisburg, Pennsylvania, to Comataire, S.A., Republic of Haiti, via New York City, New York. The shipment was made in the following manner, from Harrisburg, Pennsylvania, to New York City by Hall's Motor Transit Company, a Pennsylvania common carrier, via Rapid Distributing Corporation, which company had been contacted and hired by defendants, Baker and Gates, to transport said books of lottery tickets, etc. Said shipment consisted of 20 cardboard cartons, total weight 865 pounds. That a true and correct copy of appropriate freight bill of Hall's Motor Transit Company was attached, evidencing said shipment from Industrial to S/S Santa Margarita, Amer. 58 North River, N.Y., N.Y., Port-au-Prince, Haiti, via Harold S. Unger, Inc., and delivery of said shipment was made by Hall's aforesaid via Rapid aforesaid, at New York City on July 24, 1962; then to Republic of Haiti via ocean freight on S/S Santa Margarita.

 (f) On July 30, 1962 said defendants, Baker and Gates, caused to be transported from Harrisburg, Pennsylvania, to Republic of Haiti via Brooklyn, New York, 5,000 books of lottery tickets, etc., which had been printed at Industrial aforesaid, which said lottery tickets, etc., were to be used and were designed for use in a lottery based upon the outcome of a sporting event, to wit, the running of the International Horse Race at Laurel, Maryland, on November 12, 1962. The said shipment was consigned from Harrisburg, Pennsylvania, to Comataire, S.A., Republic of Haiti, via Brooklyn, New York, and was made as follows, the shipment from Harrisburg to Brooklyn was by Hall's Motor Transit Company, a Pennsylvania common carrier, via Rapid Distributing Corporation, which company had been contacted and hired by defendants, Baker and Gates, to transport said shipment consisting of 4 cardboard cartons, total weight 225 pounds. Freight bill attached to Stipulation evidenced shipment from Industrial to S/S Poseidon Port-au-Prince, Foot of 31st, Brooklyn, New York, and delivery of said shipment was made by Hall's Motor Transit Company via Rapid Distributing Corporation at Brooklyn, New York, on July 31, 1962, and thence to Republic of Haiti via ocean freight on S/S Poseidon.

 (g) Attached to the Stipulation is a sample book of the lottery tickets and allied papers printed at Industrial by defendants immediately prior to the shipments made on July 23, 1962 and July 30, 1962, which book it was agreed is representative of the books of lottery tickets shipped by defendants, Baker and Gates as aforesaid.

 (h) The said books of lottery tickets, etc., were printed by defendants, Baker and Gates, for the 'Republic of Haiti Welfare Fund Sweepstakes', which was operated by a Port-au-Prince, Haiti, firm known as Comataire S.A., incorporated in Haiti on January 18, 1962, and approved by Presidential Decree of the President of the Republic of Haiti on April 26, 1962.

 (i) The Republic of Haiti Welfare Fund Sweepstakes is a legally constituted sweepstakes lottery under the laws of Haiti, and is under the control of an agency of the Haitian Government known as 'Le Lotterie de 1-Etat Haitian' (the lottery of the Republic of Haiti).

 (j) Defendants, Baker and Gates, and Industrial were paid approximately $ 14,000.00 for printing said tickets.

 (k) On January 8, 1963, at approximately 5 P.M., Pennsylvania State Police and Federal Officers possessing, and under authority of, a search warrant duly issued to Detective Sergeant Robert L. McCartney, Pennsylvania State Police, by Alderman Elizabeth Armstrong Wagner, Harrisburg, Pennsylvania, entered Industrial, Room 115, Telegraph Building, Harrisburg, Pennsylvania, and seized, inter alia, the following:

 (1) Printed books of lottery tickets, etc., which had been printed by Industrial, and were to be used and designed for use in a lottery based on the outcome of a sporting event, to wit, running of International Horse Race at Laurel, Maryland, on November 12, 1962;

 (2) Freight bill from Hall's to Industrial dated July 23, 1962, and referred to hereinabove.

 (3) Freight bill from Hall's to Industrial dated July 30, 1962, and referred to hereinabove.

 (4) Numerous plates used for printing books of lottery tickets, etc.

 (l) As a result of the entry made and evidence seized at Industrial on January 8, 1963, by Pennsylvania State Police and Federal Officers aforesaid, further investigation was conducted by Agents of the Federal Bureau of Investigation and the stipulated facts were developed.

 On January 17, 1964, the defendants upon being arraigned in open Court entered pleas of not guilty.

 On May 4, 1964, a hearing was held on defendants' motion to suppress certain evidence. After hearing, the ...


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