Evening star., 1948-07-16
Trials Of I Men
In Brass Rail
Case Merged
FoII-Doheny Verdiets
Recalled by Counsel
Asking Consolidation

Admitting he might be setting
a precedent, Chief Justice Bolitha J.
Laws of District Court today granted
Government motions to consolidate
for trial the cases of two men in
dicted following the Brass Rail Cafe
shootings last January 8.
The defendants are Charles Hen
ry Nelson of the 1900 block of H
street NE. and Henry M. Leake OF
the 100 block of r street NE, both
80 and colored. They are charged
with assault with intent to kill, as
sault with deadly weapon and car
rying dangerous weapon.
Both were wounded in the Shoot
ings at the Brass Rail, 1889 Seventh
street NV.
Justice Laws agreed with Assist
ant United States Attorney Charles
B. Murray that the facts in the
cases, in which the men are ac-
cused of shooting each other, gave
logic to their being placed before
jury at the same time.
NO Exact Farallel Clted.
Mr.. Murray had cited no exact
parallel in his argument. He re-
called, however, the Fall-Doheny
Government oil lands case in which
Albert B. Fall, Secretary of the In
terror under President Harding, was
convicted CT accepting :. 5ri'>2 |
Edward l.. Doheny, oil magnate,
but the latter was acquitted OF Civ
ing a bribe. Mr.. Murray said this
was an example of the undesirable
results" of trying related cases sep
arately.
Justice Laws in his ruling said
he favored joinders of defendants
unless consolidation was clearly
creative of damage" to one of them.
He added the rights Of the two
men could be protected adequately
by the trial judge. He set the trial
tentatively for July rs.
Bernard Margolius, attorney for
Nelson, opposed the consolidation.
He indicated he felt the prosecution
would be in the position of being
able to prejudice one or both de-
PENDANTS unfairly In the minds OF
a jury.
Another Doubtful Of Protection.
Ray Jenkins, associated with
Curtis P. Mitchell, in representing
Leake, stated he would not object
to the joinder if the interests of the
I,fn Gould ha NrNfonfoI htit
expressed doubts that this would be
practical.
The Brass Rail affray was given
extended attention by the special
grand jury investigating gambling
here. That group was presumed to
have been trying to determine
whether a gambling dispute led to
the shootings.
Nelson and Leake, however, are
not accused of any offenses related
to gambling.
Attacks on Cases Slated.
Elsewhere in District Court, JUS
tice David A. Pine was to hear argyll
ments attacking Government cases
against Harold Coleman, 56, of the
2400 block of Fourteenth street NV,
charged with operating lottery and
possession of lottery slips, and Sam
Wise, 33, of the 1900 block of New
Hampshire avenue NV, charged
with setting up gaming table.
The motions on behalf of Cole
man seek to quash the Indictment
and suppress evidence. Those for
Wise asks quashing of a search
warrant, suppression of evidence
and controversion of search war
rant.
The men were indicted by the
regular grand jury on May 10.
Nine men arrested yesterday on
gambling charges in street raid at
Thomas Circle were free under bond
today, following appearances before
United States Commissioner Cyril
S. Lawrence.
The men arrested yesterday In the
at Thomas Circle were free under
raid conducted by Vice Squad men
under direction of 1t. Roy Blick.
squad chief, included the driver Of
a Veterans Administration truck
and two other VA employees.
5000 in Cash Found on Man.
According to 1t. Blick, employees
of a gambling combine we're making
returns" to a pickup man when
the raid was made. A package was
seen to change hands, and when
conf1scated, proved to contain
numbers game slips and records Of
horse race bets, he said.
One, of the men, Joe Marks, 48,
of the 500 block of Longfellow street
NV. had nearly $4,000 in cash in
his possession, 1t. Blick added.
He was charged with operating
a lottery, possession of lottery slips,
setting up a gaming table and con-
spiracy to violate the gambling laws.
as were william Sacks, 54, of the
700 block of Rittenhouse street
NV, and Irving B. Summers. IS.
of the 1900 block of Fuller street
NV.
Summers was arrested June %
in the $500 block Of Georgia avenue
NV. and charged with operating
a lottery and possession Of lottery
slips.
Charges Dropped In Court.
The charges were dropped in
Municipal Court, however, and
United States Attorney George
Morris Fay said police evidence
against Summers would be offered to
the regular grand Jury as IAN
original case"
Those charged yesterday with op-
Grating a lottery and conspiracy
were Webster Stewart, 20, of the
400 block Of L street Sc, driver of
the VA truck; James Landrum, 20.
Of the 800 block of New Jersey
avenue NV, VA mail distributor.
and John H. Miller. "A. Of the 800
block of Second street S.W., VA
laborer, all colored, and Samuel
Titelbaum, 81, of the 1900 block Of
Third street NV.
Charged with conspiracy, ope-
rating and possession were Alex
London, 50, Of the HOO block OF