Evening star., 1948-09-21
Brass Rail Case
AttackerNamed, 4,
Policeman Says
Nelson identified
Leoke at Hospital,
Witness Asserts
by Chris Mothisen

men being tried on assault charge!
in the brass rail case" identified
his assailant as Henry NJ Leake, tn,
other defendant, while both were II
Freedmen's Hospital for treatment
a District Court jury was told today
by a police witness.
Leake's lawyers tried unsuccess'
fully to block this portion of thu
testimony of Pvt. Otis E. Troupe
colored, of No. 13 precinct. Judge
Henry A. Schweinhaut ruled 1t ad'
missible, however, as spontaneous
declaration"
Leake and Nelson, both of whom
are 80 and colored, are accused Of
being the principals in an exchange
OF shots outside the Brass Rail, o
cafe at 1889 Seventh street NV.
last January 8. They live, re-
spectively, in the 100 block OF r
street NE. and the 1900 block OF
H street NE.
Took Nelson to Hospital.
Under questioning by Assistant
United States Attorney Charles B
Murray, Pvt. Troupe.recalled he had
taken the wounded Nelson to the
hospital in a taxicab. He said they
saw Leake there, lying on an oper-
ating table. Immediately, according
to the policeman:
Nelson said, That's the man.
said, What man?' He said, The
man that shot me-
hrNtYohf
statement from another policeman.
Pvt. Peter M Zazanis, that he had
spoken with Nelson at Freedmens
and that the defendant had told him
then that Lsake was his assailant.
Statement Introduced.
Mr.. Murray offered as Govern
ment exhibit today a statement
signed by Cornelius Parker. 81, col
ored. of $50 Seaton place NV. Judge
Schweinhaut ordered it admitted "as
. court exhibit"
Mr.. Parker, who testified yester-
day that he saw Nelson shoot Leake
admitted today he had signed the
statement in the United States at
torneys Offices, but declared he
found he had been quoted incor-
rectly in part and complained OF
this to a clerk in the Office.
The written version attributed tc
MIR. Parker a statement he had seer
Leake turn and shoot Nelson a
couple Of times"
Backs Oral Testimony.
The witness insisted today his
oral testimony yesterday, in which
he said he had left the scene hur-
riedly after seeing Nelson fire "a
couple of shots" and Leake turn
as if he was about to fall" was the
correct version.
In testimony yesterday, Pvts
Zazanis and James Beach OF No. IL
precinct said they were the first po-
licemen on the scene. They differed
In details of what was said by Mel
son. an employe Of the Brass Rail
but agreed the wounded man told
them he had been shot by man
who had tried unsuccessfully to gain
admittance to the cafe, which
was closed for the night. They
also testified Nelson said he ther
had gone behind a counter for his
own gun and had fired at the in.
truder.
Miss Odessa Marie Madre, col
ored, of the 1700 block of First
street, another Government wit
ness, testified she knew Leake by
the nickname Piggy"
Denies Talk of Shooting.
Mr.. Murray asked whether they
had talked about a shooting or
about visit by Leake to the Brass
Rail She said they had not.
did he say anything to you In
regard to his business and mention
the name of a man named Roger
Simkins?" Mr.. Murray then in
quired
I'VE had conversation-" Miss
Madre began.
Attorney Curtis P. Mitchell, rep
resenting Leake, objected to this
line of questioning. After a confer
ence at the bench, Judge Schwein-
haut sustained him, holding such a
question was not pertinent at the
time.
Mr.. Murray had told the jury in
his opeDing statement the Govern
ment expected to show Ieake shot
Nelson while looking for Mr. Sim
kins in connection with a numbers
game dispute and then was shot by
Nelson. Mr.. Simkins' wife is prin-
cipal owner of the cafe business.
Miss Madre. who has a police
record, including a gaming charge
conviction. was witness before the
special grand jury investigating
gambling here.
The jurors hearing the case are:
Arthur A. Adler, AZ. of 1923 Forti-
eth place NV. 'co-proprietor of a
haberdashery and sporting goods
shop; Miss Dorothy L. Barnett, 36
OF 1889 Thirteenth street NV, ed
ltorial clerk with the Army Depart
ment; Thomas c. Bennett, 27, OF
712 Eleventh street Sc, Army De-
partment clerk: Miss Carrie F
Boyd. 80. of 815 Eighteenth street
NV. Bureau of Internal Revenue
clerk; Earl w. Brooks. 80, of 170(
Bay street Sc, Safeway Store.
clerk; William B. Carson, As, of 222.
N street NV, listed as unemployed
Harry Goldsmith. 46. of SIPS Thirt
street NV, Metropolitan Life In
surance Co. collector: Miss Sara A
Hamilton, 80, of 92s Forty -eighti
place NE. Treasury Department
machine operator; Robert C. Han
sen, n, of 1921 Thirty-second stree
Sc, postal clerk; George E. He'll
wig, 48, of 2o5 Oglethorpe stree
NV, Naval Gun Factory ssorekeep
err, Stuart A. Hollar, IS, of 610 Ken
nedy street NV. telephone repair
man, and Mrs Elvira C. Hunt, 49, o
1918 Swami street NV, Bureau o
Internal Revenue clerk.
PuIoski Day Proclaimed
President Truman yesterday pro
claimed October IL as Pulaski Me
mortal Day in honor of the Polish