at JUSTIA US LAW
the Ruby Lazarus appeals
Ruby Lazarus, waiting to testify during the Grand Jury gambling investigation:
I have an audiotape that was transposed for me from three very old records. It was made by a sound specialist who works at Lincoln Center. The records were created by my father for his parents during a stopover in St. Louis as he headed to the Aleutian Islands during WWII. In one of the recordings my father mentions Ruby, who was with him in St. Louis as he also waited to be shipped out.
the YouTube recordings
Ed Reid discusses Ruby Lazarus in this book:
from JUSTIA US LAW:
"`Q Would you please state your full name, sir?
"`A Ruby Lazarus.'
"MR. COLEMAN: Excuse me, was the witness sworn?
"A Yes, he was. He spells his name, L-a-z-a-r-u-s.
"Q Would you speak a little louder?
"A He respelled his name L-a-z-a-r-u-s. (Whereupon witness reads as follows:)
"`Q And your address, sir?
"`A 47214 First Street, Long Island, New York City.
"`Q Are you the same Ruby Lazarus who appeared before this Grand Jury late in 1966, in December?
"`A I am.
"`Q Did you appear here that day, Mr. Lazarus, as a result of the subpoena?
"`A I did.
"`Q At that time, Mr. Lazarus, there was an arrangement made, was there not, to call you under subpoena so that you would return and appear before this *438 Grand Jury upon at least two day's notification?
"`A That is why I am here today.
"`Q Sir, that notification was to be given you through your counsel at that time, a Mr. Rosen of Miami; was it not?
"`A That is right.
"`Q Sir, that notification was in fact given to you last week through Mr. Rosen for your appearance here today; was it not?
"`A Yes, that is right.'
"THE COURT: What was that date again?
"THE WITNESS: Last week through Mr. Rosen. (Whereupon witness continues reading:)
"`A Yes, that is right.
"`Q Are you represented today here in Los Angeles by counsel?
"`A No, I am not.
"`Q Mr. Lazarus, let me put on the record of this Grand Jury what we have discussed outside this Grand Jury. I informed you, sir, that last week I spoke with Mr. Rosen on the telephone concerning your appearance before this Grand Jury today. At that time Mr. Rosen asked if it would be possible to postpone your appearance before this Grand Jury for a period of at least two to three weeks due to the fact that Mr. Rosen had a commitment in the trial of a case in Miami, Florida.
"`I explained to Mr. Rosen that while it was the policy of this Grand Jury to accommodate attorneys or witnesses when it was possible, that in this instance it would not be possible due to the schedule of the Grand Jury. That the Grand Jury was already in process, and due to the fact that this Grand Jury just recently received an extension from the court of its time to consider cases for an additional 60 days, approximately.
"`When I explained that to Mr. Rosen, it was my understanding that arrangements would be made that you would obtain local counsel here. Mr. Rosen was also informed that it was a reasonable assumption that the question of application for immunity as a witness for yourself might be involved in your appearance this week.
"`You and I have discussed what I have just related prior to your appearance in this room; have we not, sir?
"`A I understand that Mr. Rosen called you and spoke about a postponement. What the topic of your conversation was, I do not
"`Q Pardon me?
"`A I say other than that, I do not know.
"`Q Mr. Lazarus, have your made arrangements to obtain local counsel?
"`A No, I have not.
"`Q Mr. Lazarus, I wish to inform you that the purpose of this Grand Jury is to investigate possible violation of the laws of the United States. Among the laws that possibly have been violated that this Grand Jury is investigating are Sections 1084, 1952, 1953 of Title 18 of the United States Code, Section 1084 relates to the transmission of wagering by phone or telegraph. Section 1952 makes it a crime to use the telephone as an aid of racketeering. Among other laws with which the Grand Jury is concerned are Sections 203 and 501 of Title 47, United States Code, which deals with violations of the Federal Communications Act.
"`Do you understand what I have said to you up to this point?
"`A Yes, I do.
"`Q Mr. Lazarus, you have been called as a witness. This Grand Jury believes you have information that can help this Grand Jury in its investigation. Do you understand, sir, your right under the Fifth Amendment of the Constitution which gives you the right not to answer any question, the truthful answer of which might tend to incriminate you personally of a crime? Do you understand your rights, sir?
"`A I do.
"`Q Under the Fifth Amendment?
"`A I do.
*439 "`Q I wish to inform you also that one of the statutes with which this Grand Jury is concerned as was mentioned earlier is the Federal Communications Act. That Act has provisions whereby if you assert the Fifth Amendment rather than answering questions, this Grand Jury might seek the help of the court to order you to answer questions. That order of the court, Mr. Lazarus, would in effect operate to grant you immunity by whichI mean that you cannot be prosecuted for anything about which you answer in response to questions propounded before this Grand Jury.
"`Do you understand that, sir?
"`A Yes, I do.
"`Q Do you understand also, sir, that should this immunity be conferred upon you, it would not extend to perjury. That is when you answer after having been ordered by the court, you must answer truthfully or be subject to the penalties for perjury.
"`Do you understand that, sir?
"`A Yes, I do.
"`Q Finally, I should inform you, sir, that if you do assert the Fifth Amendment privilege rather than answer any questions propounded to you, it is the intention of the Grand Jury to seek the assistance of the court to order you to answer.
"`Do you understand, sir?
"`A Yes, I do.
"`Q Mr. Lazarus, do you know Vincent Alo?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Do you know Tony Salerno?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Do you know Elliot Paul Price?
"`A I decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Do you know Jerry Zarowitz?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Why did you and Salerno leave Miami, Florida in October, 1965?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Did you and Salerno travel to Palm Springs, California in October, 1965?
"`A I respectfully decline to answer on the grounds that it might tend to incriminate me.
"`Q Did you and Tony Salerno share a room at the Canyon Club in Palm Springs, California?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, were you present at the meetings at 893 Camino del Sur, Palm Springs, California, with Alo, Salerno, Price and Zarowitz?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Were the telephones at 893 Camino del Sur, Palm Springs, California used to transact gambling business and to place wagers?
"`A I respectfully refuse to answer on the grounds that it might tend to incriminate me.
"`Q Did you yourself use the phones there to lay off wagers?
"`A I respectfully refuse to answer that question on the grounds that it might tend to incriminate me.
"`Q Did Tony Salerno use the phones there to conduct gambling business?
"`A I respectfully refuse to answer that question on the grounds that it might tend to incriminate me.
"`Q Did Zarowitz use the phones there to call Las Vegas to transmit wagering information?
"`A I respectfully refuse to answer on the grounds that it might tend to incriminate me.
*440 "`Q Did Price use the phones there to call Massachusetts to conduct gambling operations?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Did Vincent Alo use the phones there in connection with the gambling and other activities of the criminal syndicate known as La Cosa Nostra, or the Mafia?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q What was the purpose of the meeting on October, 1965 at Palm Springs, California?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Was there a discussion at that meeting concerning the division of points in the ownership of Caesars Palace in Las Vegas, Nevada?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Was there a discussion at that meeting concerning the conduct of a gambling layoff operation in the Eastern United States?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Was there a discussion at that meeting between you and Zarowitz?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"MR. COLEMAN: Excuse me. In that question, is it was there a discussion, or was there a dispute?
"THE WITNESS: I am sorry, it is was there a dispute.
"THE COURT: Read it again.
(Whereupon witness continues reading:)
"`Q Was there a dispute at that meeting between you and Zarowitz?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q Was there a dispute at that meeting between you and Elliot Paul Price?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q What was the subject matter of the dispute?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, for what purpose was a telephone call placed from Palm Springs, California to Robert Lynn Martin in Las Vegas, Nevada?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, for what purpose was a telephone call placed from Palm Springs, California to the Prokos Brothers in Miami, Florida?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, for what purpose was a telephone call placed from Palm Springs, California to Basil Milardi and Charles Cardinali, in Union City, New Jersey?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, for what purpose was the call placed from Palm Springs, California to Herbert Kaufman in Baltimore, Maryland?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
"`Q In October, 1965, for what purpose was a telephone call placed from Palm Springs, California to Harry Chorodowsky, also known as Harry Clayton in Brighton, Massachusetts?
"`A I respectfully decline to answer that question on the grounds that it might tend to incriminate me.
*441 "`Q At this point, Mr. Lazarus, I will ask the foreman of the Grand Jury to excuse you with the direction that you remain nearby, as it is this Grand Jury's intention to seek the aid of the court in this matter. Mr. Foreman?
"`THE FOREMAN: So ordered.'
"BY MR. COLEMAN:
"Q Does that conclude the testimony of Ruby Lazarus before the Grand Jury here in the United States Court House on March 9, 1967?
"A Yes, it does.
"MR. COLEMAN: Thank you, Miss Caporizzo. May the witness be excused?
"THE COURT: All right, you may step down."
Canyon Club Inn today:
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