Evening star., 1951-09-22
Court Weighs Nelson
Motion 10 Recover
Account Records

Numbers Backer Charles E. Mel
son may learn next week whether
he can recover his account books
from the District grand jury in
vestigating gambling and simul-
taneously force the Government
to suppress any adverse evidence
it may find in the records.
A Nelson motion to accomplish
these objectives was argued yes
|terday in District Court and then
was taken under advisement by
Judge F. Dickinson Let's. He re-
.quested opposing lawyers to file by
Monday a list of other court cases
which had been cited as pertinent.
During arguments, the Govern
ment disclosed that, while Nelson
turned over many records to Sen
ate crime probers in August, he
never surrendered "the little red
book" of accounts for 1851. The
Senators wanted the 1851 ledger
to study current operations.
Moral Coercion" Charged.
When the Senate investigating
committee finished its hearings
last month, it certified Nelson's
records to United States Attor-
Iney George Morris Fay to study
for possible perjury or other Grim
Iinal action.
Leo A. Rover, one of Nelson's
attorneys, told Judge Let's yes
Iterday the Senate committee OBJ
tanned the records unlaWfully in
the first place and that it unlaw-
fully transferred them to the
United States attorney.
the District grand jury.
He said the circumstances un.
der which Nelson was persuaded
to produce the account books con-
stituted moral coercion" He saio
Nelson was not represented by
counsel at the Senate hearings
and that he was not apprised o1
his Constitutional rights. He ar
gued that, in agreeing to let the
Senators see "the little red book,
Nelson was assured it would be re.
turned to him at an early date
Mr.. Rover said the Senate prob.
ers failed to keep this promise
and instead sent the records tt
Mr.. Fay.
Fihelly Answers.
In answer. Assistant United
States Attorney John w. FINELY
said "the little red book" was 6
term applied by the Senate prob
ers to the 1851 accounts. He tole
Judge Let's that Nelson "volun.
tarily and freely" submitted hi.
accounts for the years 194(
through 1850 but never did pro.
duce the 1851 book. He argued
that the Senate did not promise
Ito return the other records at any
specific time.
Mr.. Rover contended Nelson's
rights under the Fourth and Fifth
Amendments to the Constitution
had been violated. He said he
had been made the victim, in ef'
fleet, of illegal search and seizure
Mr.. Fihelly replied that Nelson
had not been arrested, that ther'
was no unlawful search or seizure
and there was neither moral no
unlawful coercion. He said tn
Senate committee was within tn
law in certifying it's records tt
the District grand jury for loca
investigation.
Admits Pistol Fired.
Meanwhile, in Prince George
County, detectives were windinI
up their investigation of the in
cident at the Nelson home Mon
day night which sent Mrs. Nelsol
to the hospital with blackene'
Ieyes, cut on her nose and cut
land bruises on her right Les
Police have said Nelson admitte,
a pistol was fired accidentally.
DR.. John T. Maloney, count.
medical examiner. reported las
night that he has examined Mrs
Nelson and found she was no
shot.
Detective Sergt. Wilson !
Purdy told newsmen yesterday h
has examined the living room O
the Nelson home and discovers
a bullet hole 40 inches from tn
floor. He said no effort was mad
Ito recover the bullet because
had penetrated bricks in the out
side wall and could not be re
covered without taking out tn
lplaster inside the room.