Evening star., 1948-09-26
Brass Rail Case
Gambling Link
To Be Pressed
Murray to Give Jury
Background in z
Cote Shootings
By Chris Mothisen

Assistant United States Attorney
Charles B. Murray will make his
final attempt tomorrow to supply
a District Court jury with back
ground of gambling rivalry for their
consideration of the Brass Rail
case"
No one is charged with violating
gaming laws in this case. Henry M.
piggy Leake and Charles Henry
Nelson are on trial together. Both
are 80 and colored. Leake, who lives
in the 100 block of r street NE, is
charged with assault with intent to
kill, assault with deadly weapon
and carrying a dangerous weapon.
Nelson, who lives in the 1900 block
of H street NE, is charged with
assault with intent to kill and as
sault with a deadly weapon.
The case draws its name from a
cafe at 1899 Seventh street NV.
where Leake and Nelson are ac-
cuSed of shooting each other. The
evidence heard so far indicates
whatever shooting took place was
done at a doorway of the establish
ment or Immediately outside.
Case Is Unusual.
Such cases, in which no one is
killed, rarely attract much public
attention unless there are unusual
circumstances. The unusual cir
cumstance in this instance is that
the special grand jury impaneled to
investigate gambling here has dis
played substantial interest in the
case.
The defendants, already under in
dictment, were called before that
grand jury. So were most of the
witnesses now being heard at the
trial.
This gave rise to speculation that
the shootings had gambling angle.
In his opening statement to the
jury last Monday, Mr. Murray said
this was true. He told the jury the
Government expected to prove Leake
went cunning for Roger w. white
Top Simkins because he suspected
the latter of cutting in on his
Leakes) numbers game business.
Wife Owns Cafe.
Mr.. Murray identified Mr.. SIM
kins. who is colored, as being con-
nected in some way with the Brass
Rail. His wife, Mrs. NJ Yvonne
Slmkins. is the principal owner of
record of the cafe business.
J. The prosecutor promised the jury
the Government would show the
shooting started after Nelson told
Leake Simkins wasn't there.
In addressing prospective jurors,
Mr.. Murray asked whether they were
acquainted with any of a number of
persons known in gambling circles
here. Fft-aF At
So far, however, the jury has
heard practically no evidence con-
cerning gambling.
Miss Odessa Marie Madre, color
ed, a former numbers bookie, was
asked what Leake had said to her
about his business" after the shoot
ings. Mr.. Murray abandoned this
line of questioning temporarily after
a defense objection that it was not
relevant was sustained by Judge
Henry A. Schweinhaut.
Similar Approach Planned.
The prosecutor has indicated he
will try similar approach when he
recalls Miss Madre tomorrow.
Several witnesses have testified
they heard Nelson say, while he
was being treated for his wound in
Freedmans Hospital, that the man
who shot him had asked to see
"Simkins," "Shep" or "the boss."
Mr.. Murray asserted in his open
ing statement that an Isadore
tShep) Shapiro appeared to be as
sociated in some way with Mr.. Sim
kins.
Mr.. Shapiro, who lives at 2041
Huidekoper place NV, is expected
to be asked by Mr.. Murray tomor-
row what his business is-or what,
If any, is his connection with the
Brass Rail.
He was on the witness stand
briefly Friday. during which time it
was established merely that he knew
the cafe has two doors and could
tell where they are located.
Mr. Murray also is expected to
ask Mr.. Simkins what his business
is or whether he has an interest in
the Brass Rail.
Defense attorneys almost certain
ly will object strenuouslv to any
such interrogation, claiming it has
nothing to do with whether Nelson
or Leake is guilty of the charges
against him.
Mr.. Murray's attempts to estab-
lish gambling background for the
shootings is based on the need for
showing a motive to support the
specific intent which must be proved
to justify conviction on the charge
of assault with intent to kill.