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on began today before Federal Judge Reynier J. Wortendyke Jr. . ; The court announced that be- . caiise the case was expected to fake several weeks, and “because this is the season of colds,’ he had decided to take the unusua aoe \ boot step of choosing four alternate jurors in addition to regular 12, } The four alternates would serve saci in the event any regular jurors met became ill or were otherwise di “&~ qualified. or pe a4 Zwillman, prohibition era verse, figure who has been active in * meny fields since those days, is accused of evading payment of $46,100 in taxes for 1947. and 1948. He lives at 50 Beverly Rd., tWest Orange. When a i p.m. recess was called for lunch, the defense and the government each had used two rempiory challenges. The de- ense is entitled to 10, and the Prosecution to six. . “ Excused for Opinions a Several prospective jurors were —_ lexcused by the court when they ““. ‘said they had formed prejudicial * . Opinions about the case. One man was dismissed after he told the court that he had formed “a firm opinion” after seeing Zwill- mzn on television, testifyng be- fore the Kefauver Senate Crime Investigating Committee, Before the calling and exami- ‘. nation of jurors, Judge Worter- 3 @yke denied several motions made by Morris Shilensky of New York, who is aeanriated sith Inks Swewem bua Frakes wa . E. Toolan of Perth Amboy in sine defense. ; y — en. atked the court to jG direct the prosecution before the trial started to represent that 2 testimony ‘of expenditures by me persons other than Zwillman will : 74 be connected with the defendant and his income. He specifically (referred to any money spent by “jthe defendant's wife, Mrs. Mary Zwillman, and her father, Eugene lendels, who lives in the Zwill- an household. ‘ Wortendyke said he could not merit himself in advance to any eral Ttidiigethad, he would first to hear testimony and anv Mem ae (Continued " ‘Puge) objections made against ny In response to a question by the court concerning direct or) circumstantial evidence of ex-/ penditures, U.S. Attorney Ray- atin mond De] Tufo Jr. said he would adduce all evidence af ex) (IN “Toei ‘ouints concerning the penditues the gorerament has as] Ipovernments evidence, which wil ih at his family: wij] [be time-consuming, afd to call a members numbér of witnesses in Zwill- man’s behalf. a The panel from which the jury and probably two alternatég is Ajpicked began service last week. The Zwillman trial ts the uber . others. He said the prosecution will have to sonnect expenditures by others with the defendaat r. those expenditures will fall. Del Tufo also said the gover ment's order of proof “cannot be dictated by the defense.” Dismissal Refused Other defense motions denied by the court were for a dismissal of the indictment, an inspection of grand jury testimony of wit- nesses to appear in the trial and a hearing to take testimony con cerning a lawn party given by the wrand jury 10 days before the jury indicted Zwillman. In arg ment of pretrial motions, the conrt had ruled against motions | of a similar character. : Shilensky argued that Zwillman was indicted on bis own testimony as given to Internal Revenue Service agents in October 1347 in net worth and question and answer statements. He also con- tended that’ it was improper for the grand jury to hold a party attended by members of the U.5. attorney's office while Zwillman's rs e being The defense is allowed 10 challenges, the prosecution six. ‘ -In a net worth-expenditure case, ja taxpayer's returns are used by jthe prosecution in respect to gross and net incomes reported, to! gether with exemptions and: de| ductions, and compared with gbat tle government says his t worth was at the beginning ‘and’ end of the year. This is deter-| mined by the government through | testimony on expenditures, s#av-, ings, loans, earnings, dividends,| profits and losses, or lack of them, as made by the taxpgyer' or by somebody else in his beRaif. 4 Indictment : The indictment bas two counts. One charges that Zwillman and his wife, in a joint retura, shquld K EVENING NEWS have reported a net income~ $50,033 for 1947 and should have ark, New Jersey i . paid a tax o 133, instead o one as under consideration arelt reporting & net income of $10,785 sed on an alte paying a tax of $2,115. The=—-—————— ¢riminal ..8e in which the j tlre heing ézamined for duty. Pace rage reed ape. bye ohn J. O'Hara,{ Other. alleges that Zwillman’s: special agent, and John G. Cas-{ [Joint return for 1048 should havein sidy, revenue agent, both of the shown a net Income of §70,965 Internal Revenue Service. They reportedly have inter-: viewed more than 1,000 persons.: More than 300 witnesses were ex. amined by the grand jury in a Inine-week probe which ended with Zwillman’s indictment May and a tax of $28,493 instead of a_ net income of $20,547 and a tax BITTED BY THE 0 411, " in an amended bil! of parti. FIELD DIVISION culars, the government has repre- sented to the defense that Zwill- man’s net worth was $574,268 on Dec, 31, 1948, and Jan. 1, 1947; 26, 195-1. Prosecution of the charges is 466 on Dec. $1, 1047, and being handled by Del Tufo and an. 1, 1948, and $528,966 on Dec. Asst. U.S. Attys. Wilfred W. Hol- lander and Pierre? @arven. On ‘The prosecution also proposes to prove that . Zwillman's net lworth was nm Dec. 31, i LAA