Buffalo Police officials were to meet today in connection with a gambling investigation after Edward J. Pospichal, one-man crusader, charged "police collusion" in bookmaking operations in one of the city's precincts.

District Attorney Leo J. Hagerty said that he had referred, Mr. Pospichal's affidavit to Police Commissioner Charles E. Cannan.

Warrants Are Issued In Gambling Probe

Warrants were out today for the arrest of two Buffalo men who were indicted by the November Grand Jury along with Police Precinct Captain Thomas F. O'Neill in connection with gambling activities.

O'Neill, who surrendered to District Attorney Leo J. Hagerty yesterday, pleaded innocent upon arraignment to five counts of conspiracy and neglect of duty, and was released in $2,500. bail.

Joe DiCarlo and John F. Tronolone, co-defendants, did not surrender in the time limit Those named in other indictments were expected to appear within the next few days.

The Grand Jury, after a two months long investigation of gambling, handed up four secret Indictments and a report criticizing police methods and attitudes.

Arrests Made in Buffalo Gambling Probe

William C. Tracy, 56, described by police as a purveyor of horse racing information, has been arrested on a three count indictment-returned by an Erie County Grand Jury which investigated gambling activities in Buffalo.

Detective Sergeant James D. Robinson said Tracy Is charged with conspiracy, wire tapping and aiding and abetting persons who accept bets on horse races. Tracy, the third person to be arrested following the return of a series of secret indictments Saturday, was taken Into custody last night. No bail was set.

Also booked were James L. Cray, 50, and William L. O'Brien, 52, both charged with wire-tapping, conspiracy and accepting bets on horse races. Frank J. Maloney, 58, charged with conspiracy and accepting bets on horse races.

Police Captain Thomas F. O'Neill was arraigned Tuesday on charges of conspiring to obstruct justice and violate the gambling laws and of falling to perform his duty. He pleaded innocent and was released in $2,500 bail.

Tenth Arrest in Gambling Probe

The number of persons arrested In connection with an Erie County Grand Jury investigation of  gambling activities in Buffalo had risen to ten today with the arrest of William Molasky in St. Louts, Mo.

Molasky was arrested yesterday on a New York State Supreme Court bench warrant charging conspiracy to commit a crime and failure to register a business operating under an assumed name.

He was released on $5,000 bond, pending extradition proceedings, Assistant District Attorney Gordon Steele said.

Molasky was named in a secret Indictment returned by the Grand Jury, which investigated gambling.

Anti-Gambling Crusader Found Shot to Death

Buffalo Police today were questioning the city's known gamblers and racketeers in their search for the slayer of Edward J. Pospichal, 32, "Lone Wolf" crusader against vice and gambling.

Detective Chief Thomas V. Meegan ordered plainclothesmen to "pick up every gambler and racketeer and bring him to headquarters".

"If he can't give a good account of himself." Meegan said, "hold him for further interrogation."

About 10:30 o'clock this morning, in River Street near Buffalo Harbor, Edward Trautwein, 45, found The frozen body of Pospichal lying on a sidewalk shot five times through the head and neck by bullets from a .32 caliber pistol or revolver.

Medical Examiner Harold J. Welsh said an autopsy showed he had been beaten about the head with a blunt instrument before he was killed late Saturday night or early yesterday morning.

Pospichal precipitated the recent Erie County Grand Jury investigation of gambling activities in Buffalo when he filed a complaint with District Attorney Leo J. Hagerty. Eleven persons were indicted in connection with the investigation.

"There is no question in my Mind that Pospichal was killed because his crusading activities”  Chief Meegan declared. "He made many enemies for himself especially among the underworld. It is this element that must be ferreted out before the killers can be brought to Justice."

Hagerty termed the slaying as a "typical gangland killing." Meegan theorized that the antigambling crusader was shot in some isolated spot. Bloodstains indicated the body had been removed from an automobile and dragged over a high snowbank, he said.

A car Pospichal had borrowed from a friend Saturday night was found parked on a Buffalo street about four miles from where the body was found.

Pospichal was free on $250 ball on a disorderly conduct charge placed against him last Wednesday when he called police to raid an alleged gambling establishment and then quarreled with the patrolman who answered the call.

A gasoline station proprietor when he began his crusading career in 1941, Pospichal had quit a job at Otis Elevator Co. January 20 and had expected to be inducted into the armed forces about February 12, police were told.

Entertainer Loaned Car to Pospichal

Mrs. Lilyan Dolista, Cheektowaga, NY entertainer who loaned her automobile to Edward J. Pospichal, Buffalo crusader against gambling who was shot to death in Buffalo early yesterday morning, was appearing as a dancer entertainer at a recruiting drive in the state armory Saturday night when Pospichal went on the fatal crusading campaign which resulted in his death.

Mrs. Dolista, who is also an employee of Curtiss-Wright Corporation, told Buffalo Police after she loaned her car to Pospichal he drove her to downtown Buffalo and was to have picked her up after she had completed her entertaining act. She said that she never saw Pospichal again

Sedan is Clue in Killing of Vice Crusader

Detective Chief Thomas V. Meegan revealed tonight police are seeking a maroon colored sedan which has been identified as the automobile probably used by the slayers of Edward J. Pospichal, 31, 'lone wolf" crusader against vice and gambling.

A witness told police today two cars, one of them the maroon sedan carrying four men, sped along Erie Street and turned into River Street between 6 and 7 a.m. Sunday less than four hour before Pospichal bullet riddled body was discovered on a River Street sidewalk. Meegan did not identify the witness.

The signed statement of another unidentified witness questioned today was described as an "important" development by the detective chief who did not disclose the information contained in the statement.

A police billy was found in River street last Friday near the scene of the murder of Edward J. Pospichal, anti-gambling crusader, it was learned last night.

A Buffalo newspaper said today that Captain Thomas F. O'Neill said last night that a police billy bearing his name had been out of his possession since soon after his indictment for conspiracy to violate gambling laws. He said he turned it in at police headquarters when he learned of his indictment.

Buffalo Detective George H. Smith, 33, Is being held as a material witness in the cases of three men indicted December 30 by the Erie County Grand Jury which investigated gambling activities in Buffalo.

Smith resigned from the police force. Saturday but his resignation. has not been accepted.

State Supreme Court Justice William H. Munson ordered the detective's detention yesterday in connection with the prosecution of Joe DiCarlo, John P. Tronolone and Police Captain Thomas F. O'Neill, indicted on charges of conspiracy to violate the gambling laws.

The Grand Jury began its Investigation after a complaint was filed with Hagerty by Edward J. Pospichal. 31-year-old anti-gambling crusader who was found shot to death January 28. His slaying has not been solved.

Joe DiCarlo Is Out

Joe DiCarlo, indicted by an Erie County Grand Jury which investigated gambling activities in Buffalo, pleaded innocent yesterday in county court to charges of conspiracy to violate the gambling laws.

He was released In $10,000 bail.

DiCarlo was one of 11 persons and firms Indicted December 30 following an Investigation precipitated by a complaint filed by Edward J. Pospichal.

Posplchal, 31-year old anti-gambling crusader, was found shot to death January 28. His slaying has not been solved.

William E. (Willie the Whale) Castellani, 38, well know member of Buffalo’s gambling fraternity, died late last night at Emergency hospital from a bullet wound in his head.

Detective Chief Thomas V. Meegan said “seemed clear that Willie shot himself”

He was recently questioned by Police in connection with the gang-slaying last January of Edward J. Pospichal, lone wolf vice crusader.

Castellani was found yesterday with an automatic pistol clutched in his hand at the home of his sister Mrs. Mary DiVita She said her brother had been drinking heavily ever since he retained from Florida two weeks ago.

Castellani was questioned about the Pospichal murder when police were informed he left Buffalo hurriedly on January 38, the day the vice crusader was slain.

His, name had been mentioned in connection with an alleged gambling establishment here which Pospichal had demanded that police investigate.

Court Told All Gambling Laws Repealed in 1940

Asserting in Supreme Court that all gambling laws in New York State were repealed as of Jan. 1, 1940. Attorney Thomas J. McKenna has sought dismissal of an Erie County Grand Jury indictment alleging his client, John P. Tronolone, conspired to violate the gambling laws.

Justice Aionzo G. Hinkley reserved decision yesterday on the demurrer which was opposed by District Attorney Leo J. Hagerty. "When the state amended its constitution to allow pari-mutuel betting after Jan. 1, 1940, it also repealed old Section 9, Article 1, and all statutes forbidding horserace betting and all other forms of gambling," Mr. McKenna argued.

Must Stand Trial in Buffalo Gambling Case

State Supreme Court Justice Alonzo G. Hinkley yesterday over-ruled the demurrer attacking an Erie county grand Jury indictment charging two men with conspiracy to violate the gambling laws.

Attorney for John P. Tronolone and Joe DiCarlo, the defendants, Monday sought dismissal of the charges. They argued the grand jury had no power to return the indictment, contending the state constitutional amendment permitting pari-mutuel betting had repealed all anti-gambling laws.

Justice Hinkley made no comment in overruling the demurrer.

The defendants will be placed on trial Monday.

Captain Reassigned

Buffalo Police Capt. Thomas F. O'Neill, indicted Dec. 30 by an Erie County Grand Jury which investigated gambling activities in Buffalo, has been reassigned as commanding officer of the Colvin Station.

Policeman, DiCarlo and Tronolone Cleared of Two Charges

Buffalo Police Captain Thomas F. O'Neill, indicted last December by a Grand Jury which investigated gambling activities in Buffalo, has been cleared of charges he conspired to obstruct justice and violate the gambling laws.

In granting a defense motion for dismissal yesterday State Supreme Court Justice Alonzo G. Hinkley ruled “there has been no evidence produced which proves Captain O’Neill entered into any conspiracy” with co-defendants Joe DiCarlo and John P. Tronolone “to violate sections 968 or 973 of the Penal Law”. The sections deal with gambling establishments and bookmaking.

Charges of conspiracy to obstruct Justice against DiCarlo and Tronolone also were dismissed.

District Attorney Leo J. Haggerty concurred in the action, agreeing evidence failed to support the charges.

O'Neill is still charged with neglect of duty and willful omission of duty, and his co-defendants with conspiracy to violate the gambling laws, and with aiding and abetting a police official to neglect his duty.

Police Captain O'Neill, Joe DiCarlo and John P. Tronolone Are Guilty.

A Buffalo police captain and two other men were convicted last night by a supreme court jury of charges originating from an investigation of ambling activities in Buffalo.

Captain Thomas F. O'Neill, 40, was convicted of willful neglect and willful omission of duty in failing to suppress gambling. He is subject to a maximum sentence of a year in the penitentiary and $500 fine.

Joe DiCarlo, 45, and John P. Tronolone, 34, were convicted of conspiracy to violate the gambling laws and with aiding and abetting a police officer to neglect his duty. They face maximum penalties of three years In the penitentiary and fines of $1,500, each.

The three men will be sentenced Friday by Justice Alonzo G. Hinkley.

The jury of nine men and three women deliberated two and a half hours before, returning a verdict.

Captain O'Neill showed no sign of emotion, but the faces of DiCarlo and Tronolone flushed when the verdict was read.

During the trial Captain O’Neill was cleared  of charges that he conspired to obstruct justice and violate the gambling laws.

Justice Hinkley ruled granting a defense motion for dismissal that there has been no evidence produced that Captain O’Neill entered into any conspiracy with his co-defendants Joe DiCarlo and John P. Tronolone to violate sections 968 or 973 of the Penal Law. (Specifying maintenance of gambling establishments and bookmaking).

Justice Hinkley also dismissed charges of  conspiracy to obstruct justice against DiCarlo and Tronolone.

The trial began April 16. The three men are among 11 persons indicted December 30, 1944, by an Erie County Grand Jury which investigated gambling activities in Buffalo.

The investigation was precipitated by a complaint filed by Edward J. Pospichal 31 year old anti-gambling crusader who was found shot to death January 28. His slaying has not been solved.

Buffalo Police Captain Given 6 Months Sentence

Police Capt. Thomas F. O'Neill, 40, convicted of willful neglect and willful omission of duty in failing to suppress gambling, was sentenced today to six months in the Erie County Penitentiary.

State Supreme Court Justice Alonzo G. Hinkley also sentenced Joe DiCarlo, 45. and John P. Tronolone, 34, to 18 months in jail and fined them $500 each. They were convicted of conspiracy to violate the gambling laws and with aiding and abetting a police officer to neglect his duty.

Two Appeal Sentences

District Attorney Leo J. Hagefty disclosed today that he has been served a formal notice of appeal from the gambling convictions of Joe DiCarlo and John P. (Peanuts) Tronolone.

DiCarlo and Tronolone were sentenced to serve one year in Erie County Penitentiary and fined $500 each on one count and were sentenced to six months on another count of an indictment in connection with alleged gambling activities.

New Trial For Convicted Buffalo City Policeman

Appellate Division Reverses Conviction of Captain Thomas F. O'Neill.

The Appellate Division, Seventh District Supreme Court, today had ordered a new trial for Police Captain Thomas F. O’Neill of Buffalo who had been convicted of neglect of duty is a result of an investigation of gambling activities in Buffalo.

The court yesterday reversed the conviction of O'Neill by a supreme court jury last April 23. It ordered a new trial “in the interest of justice.”

The court affirmed the conviction of Captain O'Neill's co-defendants Joe DiCarlo and John P. Tronolone, on charges of conspiracy to violate the gambling laws, but reversed their convictions on charges of aiding and abetting a police officer to neglect his duty.

Captain O'Neill was sentenced to six months in the Erie County Penitentiary by Supreme Court Justice Alonzo G. Hinkley last April 27.

Justice Hinkley granted a certificate of reasonable doubt to Captain O’Neill who has been at liberty on bail pending the appellate division's decision.

The police officer was suspended from the force a day after he was convicted. His counsel, Samuel M . Fleishman said last night in Buffalo he would ask that Captain O'Neill be resumed to duty.

District Attorney Leo J. Hagerty said last night in Buffalo that he would await receipt of a copy of  the official decision before determining whether to bring Captain O'Neill to trial again.

As a result of the court's decision, DiCarlo and Tronolone are eligible for release from the Erie County Penitentiary after payment of the balance of their fines.

They were sentenced by Justice Hinkley last April 27 to one year, fined $500 each on the conspiracy count, and to six months additional on the other charge which was dismissed by the appellate division

With time off for good behavior, their sentence of one year was completed December 27, 1945, they had begun to serve the $300.00 fine at the rate of $1 a day.

The court's decision releases them the latter penalty, if they pay the balance due $486.

The three men were among 11 persons indicted December 30, 1944 by an Erie County Grand Jury which Investigated gambling activities in Buffalo.

The investigation was precipitated by a complaint filed by Edward J. Pospichal 31 year old anti-gambling crusader who was found shot to death January 28. His slaying has not been solved.

Review Board Ruling Brings Him Back Pay Of $2,800.

Cleared by the Board of Review of departmental charges of neglect of duty in connection with gambling in the Niagara Precinct, Captain Thomas F. O'Neill was restored to active duty last night by Police Commissioner Thomas F. McMahon.

Effective at 6 o'clock, Capt. O'Neill was detailed to the relief circuit under Inspector Jeremiah R. Cronin. Cronin assigned him to the Babcock Station for today and tomorrow.

The placing of Capt O'Neill in Cronin's district was regarded by policemen as a move to keep him separated from Inspector Arthur J. Haun, head of the first inspection district, who led gambling raids in the Niagara district while the Captain was in command of that station.

Captain O'Neill has been under suspension for about ten months while his case went through the courts and came back to the Board of Review, will receive approximately $2,800. in back pay as a result of his exoneration.

For decades legislators pass laws prohibiting gambling activities such as taking bets on horse racing, setting up gambling parlors and organizing lotteries. Federal, State and Local agencies spent much time, money and resources prosecuting, imprisoning and fining its offenders.

Now, government entities themselves play an active roll in the gaming industry. Offering the gambler numerous outlets such as Off Track Betting parlors (OTB), video slot machine casinos, Lottery scratch offs and Daily Lottery Drawings.