Evening star., 1948-09-28
Brass Rail Case
ury5|ated 10
Hear Simkins
Testimony Expected
To Show Friendly
Relations With Leuke
By Chris Mothisen

The man the Government con-
tends Henry M. piggy Leake
thought was stealing his numbers
game business was expected today
to tell a District Court jury hearing
the Brass Rail case" that his re-
lations with Leake were nothing
but friendly"
The witness, Roger Williams Sim
kins, colored, of 1928 Twelfth street
NE, so testified yesterday under
preliminary questioning by Assistant
United States Attorney Charles B.
Murray with the jury out OF the
courtroom.
Leake, who lives in the 100 block
of r street NV. is on trial with
Charles Henry Nelson on assault
charges, arising from two shootings
at the Brass Rail, a cafe at 1889
Seventh street NV, last January 8.
The defendants. who are SO and
colored. are accused OF wounding
each other.
Refuses to Tell Occupation.
Mr.. Simkins, whose wife, Mrs.
Yvonne Mitchell Simkins, is princi-
pal owner of the cafe business, re-
fused to reveal his occupation while
on the witness stand yesterday. On
advice of his lawyer, James K.
Hughes, he told Judge Henry A.
Schweinhaut he was standing on
the Constitutional right not to an
sWer a question which might tend
to incriminate him.
Mr.. Hughes told his client not to
answer a later question as to
whether his occupation had changed
in the last 20 years. Judge Scnwein-
haut directed Mr.. Simkins to an
swer this one, however, and he said
1t had not.
Under further questioning by Mr..
Murray, the dignifed-lo looking, white
haired witness, admitted he fre-
quented the Brass Rail, but in
sisted he had no part in its man
agement Because of his Wife's
ownership, he explained, he went
there to see if everything was all
right" but usually there was moth
ing to do but sit around and have
drink"
On giving his full name at the
start OF his testimony, Mr.. Simkins
said he was named for "the first
Baptist minister in America"
Nickname of "Pop."
He admitted being known by the
nickname Pop" but denied he was
called white Top" an appellation
which had cropped up during the
trial.
Mr.. Simkins said he was &C
quainted with Isadore (Shep) Sha-
piro, a previous witness, and had
seen him at the Brass Rail.
The examination yesterday was
to. permit sJpdge Schweinhaut to
rule on what questioning would be
permitted today before the jury.
There were frequent objections
from defense counsel. Ray l..
Jenkins, one of Leake's lawyers,
characterized Mr.. Murray's ques-
tions as "a fishing expedition" Ber-
nard Margolius, representing Mel
son, said they might be proper
before the special (gambling) grand
jury, but not in the trial of this
case"
Mr.. Murray told reporters he would
rest this case after finishing the
questioning of Mr.. Simkins and of
Miss Odessa Marie Madre, colored,
la one-time numbers game figure,
who already has been heard briefly.
Mrs. Simkins Testifies.
i Several Government witnesses have
testified they heard Nelson say,
while in Freedmen's Hospital, that
he had been shot by a man who
came to the Brass Rail, where he
was night manager, and asked for
either "Simkins" or "Shep" In his
opening statement to the jury, Mr..
Murray said Mr.. Simkins and Mr.
Shapiro we're associated and had in
CURED the ire of Leake, who, he said,
had found his numbers take" fall
ing.
Mrs. Simkins, who also testified
yesterday. was asked by Mr.. Murray,
before the jury was permitted to
hear her, whether she did notknow
it to be a fact" that her husband
was engaged in the gambling busi-
ness"
mo. and I also resent your saying
that" she replied, sharply.
Judge Schweinhaut ruled the
question could not be asked before
the jury.
She admitted knowing Leake, but
said she knew nothing of her hus-
bands personal business"
Mrs. Simkins corroborated earlier
testimony by Mr.. Shapiro that the
latter's only interest in the cafe
was that of a prospective purchaser