Evening star., 1948-09-24
Court
Explanation by
Ba|ky Witness
Leuke's Friend Gets
Chance to Clear Up
Bruss Rail Versions
!
B
4
By Chris Mathisen

~ SHIsS NtStutSSu
A reluctant witness in the Brass
Rail case" was to be given an op-
portunity today in District Court to
reconcile his varying accounts OF .
with Henry M. Leake,
one of the defendants.
Leake and Charles Henry Nelson,
who are 80 and colored, are being
tried on assault charges. They are
accused of shooting one another at
the Brass Rail, cafe at 1899
Seventh street NV, last January 3.
They live in the 100 block OF r
street NE. and the 1900 block of
H stree. NE, respectively.
The witness, whose testimony was
the subject of an extended legal
argument before Judge Henry A.
Schweinhaut yesterday, Is Melvin
johnson, colored, Of the 1900 block
of E street NE.
Attorneys for Leake argued against
permitting Assistant United States
Attorney Charles B. Murray to con-
front Mr.. johnson with written
statement, purportedly made by the
witness. That statement, which was
repudiated in part by Mr.. johnson
in testimony before the special grand
Jury investigating gambling here. Is
understood to relate an account BY
Leake of how he was shot.
May Be Court Witness"
The witness testified at the trial
Wednesday that Leake said he had
been drinking and didn't recall the
circumstances.
Judge Schweinhaut indicated at
the close of yesterdays session he
felt there was legal authority for
permitting the prosecutor to an
nounce surprise and cross-examins
his own witness in such clrcum-
stances, even though the witness
told the special grand jury ne
wouldn't testify against Leake' o
friend.
The Judge revealed he also was
considering calling Mr.. johnson as
court witness" to ask him about
his purported earlier written state
ment.
IF the truth is as he said 1t was
in that statement, to prevent IL
from being told is gross mlscar-
riaee of Justice" he commented.
OF the discrepancies, he added:
"Mavbe he can explain them, put
it,s Going to take a genius to do It,"
witnesses yesterday included Mrs.
Willie NJ Granger. colored. CASH
ier at the Brass Rail. When Mr.
MURRAY asked her whether Leake,
seated with his attorneys, was the
man who shot Nelson. she replleo'
"Yes, that is the man."
Cross s-Examined.
On cross examination, Ray L.
Jenkins. representing Leake. asked
her about testimony before the spe-
cisl grand jury in which she was
quoted as saying she dlo hot
"know" any details Of the shooting.
Mrs. Granger insisted she had
replied to all questions along this
line by saying she didn't remember
the details.
"Hov 1. 1t that you remember nov:
and you didn't remember tnenr
Judge Schweinhaut inquired.
II remembered then, but didnt
want to have to say anything about
it to the grand jury" the witness
explained. That was the gambling
grand jury"
Mrs. Granger testified today tho
man who had knocked on the door
Of the cafe, demanding admittancs
after 1t had been closed for the
night, asked Nelson "if Mr.. Simklns
was there
! She referred to Roger w. CWhits
Topp Simkins. whose wife Is prln-
cipal owner of the cafe business.
Mr.. Murray claims LeaKe was
seeking Mr.. simkins for shoWdown
on a dispute involving competition
in the numbers game business.