Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-09-23
Judge Studies
Brass RaiICase
Surprise Turn
To Decide Tomorrow
If Statement Con. Be
Put Before Witness
By.Chris Mothisen


District Court Judge Henry A.
Schweinhaut today took under adj
visement arguments of opposing
counsel in the Brass Rail case" as
to whether Assistant United States
Attorney Charles B. Murray right
fully claimed surprise" yesterday
at the testimony of hesitant Gov.
eminent witness.
Judge Schweinhaut said he wanted
time to study cases on the point.
It involves whether Mr.. Murray had
reason to believe the witness, Mel
vim johnson, colored, Of the 1900
block of E street NE, would give
as brief an account as he did of q
conversation with Henry M. Leake.
who Is on trial with Charles Henry
Nelson on assault charges stem
ming from shootings last January 8
at the Barss Rail, a cafe at 1899
Seventh street NV.
Judge Schweinhaut said he would
announce tomorrow morning his
decision on whether the prosecutor
could confront the witness with q
written statement purported to
have been made by him.
Police Testimony Heard.
The trial then proceeded with po-
lice testimony.
The two defendants are 80 and
colored. Leake lives in the 100 block
OF r street NE. and Nelson in the
1900 block Of H street NE.
Mr.. Murray told the court today
Mr.. johnson, in the written state
ment, had said Leake told him in
considerable detail' about how he
had been shot.
Later, however. Mr.. Murray con-
tinued, MIR. johnson did appear
before the grand jury (the special
grand jury Investigating gambling)
and, while he did not reiterate that
statement, he at no time declared it
was untrue in all its parts"
Grand Jury Testimony Repeated.
Mr.. Murray said the witness told
the special grand jury "he had had a
previous experience in which he had
given testimony in matter which
had caused him great embarrass-
ment," had explained Leake was 4
friend OF his and had declared he
wouldn't give testimony against him
even If l had to go to jail"
While emphasizing he recognized
no right in witness to decide for
himself whether he will testify"
Judge Schweinhaut confessed this
declaration by Mr.. johnson left him
in doubt as to whether Mr.. Murray
rightfully could claim he was sur.
prised by the witness testimony yes.
terday.
When an attorney announces sur
prise, he wants leave to regard his
own witness as hostile and cross
examine him. /.
Attorneys Curtis p. Mitchell and
Ray L. jenkins, representing Leake.
offered the judge citations they
claimed made him bound to ruls
against Mr.. Murray.
MistriaI Motion Denied.
At the same time, Bernard Mar.
COILS. representing Nelson, moved for
mistrial and severance of hin
clients case from that of Leake.
claiming the Governments use of
Mr.. johnson as witness had pref.
udiced Nelson's interests. Judge
Schweinhaut denied the motion.
Attorney James j. Laughlin in.
formed the court he was represents
ing MI. johnson.
1t was only with obvious re-
luctance that Mr. johnson Yesterday
gave his brief summary of the talk
ne had with Leake about a month
after the shootings.
After admitting they had con-
versed in Leake's home, the witness
was asked by Mr.. Murray:
Tell us what he Leake) said in
regard to the shooting"
There was a long silence. Mr.
johnson looked about the court
room. inspected the ceiling. clasped
and unclasped his hands and shifted
In his chair.
Judge Schweinhaut asked whether
ne could answer the question.
Yes. I can answer the question"
the witness said in a low voice,
after a pause, but I'm bewildered
as to whether I should Answer or
not
Directed to Answer.
Mr.. Murray picked up the alleged
written statement Of Mr.. johnson.
There vas an objection from
Leakes lawyers. and a bench con-
ference followed.
Judge Schweinhaut then turned
to the witness and said:
! Il have examined written
statement purported to have been
made and signed by you, and I in
form YOU that there is nothing in
it which would tend to incriminate
YOU now direct you to answer the
question"
/ The jurors. defendants and attor-
news stared at the witness, who said
nothing.
| Did you hear me, witness?" judge
SchWelnhaut inquired.
Mr.. johnson said be had
Then do what I told you to do
answer the question" the fudge or
dered. sternly.
1t was then that the witness,
speaking slowly in a low voice, said
Leake had told him his mind was
hay as to circumstances OF his
shooting
Policeman Testifies.
Another Government witness yes
| terday. Policeman Shirley r. ONeilI.
colored. testified he had a converse
ton with Nelson in Freedmen's
Hospital, where the latter was being
treated. Pvt. ONeill said Nelson
told him Leake had shot him after
being refused admittance to the
cafe, which had been closed for the
night.
According to Pvt. O'Neill. Nelson
said Leake had told him that he
wanted to see the boss"
It was the first evidence bearing
directly on Mr.. Murray's contention
in his opening statement to the jury
Monday that Leake went to the
Brass Rail in connection with q
numbers game dispute with Roger
w. white Top Simkins, whose wife
is the principal owner Of the cafe