Evening star., 1940-03-14
Key Witness
Silent in Police
Bribery Trial
Gambler Refuses
To Testify He
Passed Any Money

Tossed ANY Money
A police undercover man testified
today at the hearing of Hubert E.
(Steve) Brodie and Leo Murray, de-
NOTED detective sergeants, that he
saw bookmaker and numbers oper-
ator palm" something to one of the
officers on October IA. The officers
are before the Police Trial Board on
bribery charges.
But the gambler described. Carl
T. Updyke, who had been slated as
the key prosecution witness, was ex-
cused by the board from giving any
testimony on the point. The board
sustained an objection by his coun-
sci, William Gallagher, that he could
not be required to make statements
which might incriminate him.
The undercover man, Eugene r.
Watson, 806 Rheems avenue, Hyatts-
vile, Md, a member of the special
investigation squad, told the three
member board at the District Build
ing that the palm of one of the ac-
cused officers met that of Updyke,
who held what appeared to be folded
bills as he stood in front of a book
making headquarters in the 900
block of G street NV.
Watson, however, ca cross-exami-
nation by Defense Attorney James
O'Shea, said he could not tell whose
hand came in contact with Updyke's
When the latter leaned into the car
OF the two officers parked at the curb.
Prosecutor Frustrated.
Oliver Gascn, assistant CORPORA
ton counsel assigned to prosecute
the case against the two policemen,
fought vainly for more than a half
hour to get answers from Updyke
having a connection with the
charges brought against the two DO
lice officers. but objections were
raised at each question and he final
ly gave up the effort. In the BEGIN
ming, Updyke told the board, in re-
sponse to question from Mr.. Gasch,
that 1t was true that he had pleaded
guilty to q charge of violating the
gaming laws OF the District, but a
long series Of objections from Up
dykes counsel and from counsel for
the defendant policemen was made
as soon as Mr.. Gasch asked whether
the witness knew the defendants in
q business or social way.
The board was told that the wit
ness had pleaded guilty to a code
violation alleged to have begun Oc-
tooer II last and that if he testified
concerning any activities prior to
that date he might tend to incrim-
mate himself or leave the door open
to other charges.
Brodie and Murray, now assigned
to precincts as uniformed policemen,
are accused of taking a bribe for
protection Of the establishment
which had newsstand as front"
according to Watson. where bets on
horse races and numbers were re-
celved. Updyke since has pleaded
guilty in District Court to violations
OF the gaming laws. He received a
one-to-three-year suspended sem
tence.
Argument on Evidence.
Additional testimony hinged on
the outcome of an argument about
admissability of hearsay evidence
before the trial board. The point
arose when Supt. of Police Ernest
w. Brown took the stand for the
prosecution after Updyke had been
excused.
Defense Attorneys O'Shea and
John H. Burnett objected to hear
say evidence from Maj. Brown, and
Mr.. Gasch countered with the ar
gument that trial board is
board of inquiry" and that be-
fore such administrative boards
court rules of evidence do not ap-
ply. The board, headed by 10 v.
Morgan, sole member of the Board
OF Tax Appeals, recessed for lunch
before MIR. Gasch completed his ar
gument and before defense had a
chance to cite its position.
Mr.. Gasch told newsmen that if
Maj Browns testimony is ruled
out he had no other witnesses to
the alleged transaction.
Another Charge Waits.
Murray and Brodie face another
charge, namely that they failed to
report to the proper officers or to
take proper police action themselves
about the gaming law violations of
which they allegedly had knowledge.
The two officers were charged last
Thursday. Senator Byrnes, Demo-
crat, of South Carolina had held up
confirmation by the Senate of Com
missioner Melvin c. Hazen's re-
nomination until he was assured
that Brodie would be given a hear
ing on the charges which led to his
demotion. Brodie is from South
Carolina. He is now stationed at
No. 8 precinct and Murray at No. 7.
Other members of the Trial Board
are Assistant Engineer Patrick H.
Tansey and Mrs. Agnes K. Mason,
member of the Alcoholic Beverage