Evening star., 1951-12-13
Court Upho|ds
Indictment in
Nelson Case
Both Counts Valid,
Judge Pine Says in
Overruling Defense

District Court Judge David A.
Pine today upheld the validity
of the gambling conspiracy in
dictment against Charles E. Mel
son, wealthy Marylander, and Is
others.
Judge Pine overruled defense
motions seeking to dismiss the
indictment and ruled both counts
of the indictments valid. One
count accuses the defendants of
promoting the numbers game and
the other count charges conspir-
acy to violate gambling laws.
Much of the argument today,
as it did yesterday, centered
around defense contention that
the conspiracy count of the in
dictment was defective.
Maximum Penalty Increased.
The statute under which the
conspiracy count was returned
first went into effect in Septem-
ber, 1948, replacing an obsolete
statute. The new law increases
the maximum penalty for conspir-
acy to commit a felony from the
two years-allowed under the old
law-to five years.
Defense counsel, led by Attorney
Edward B. Williams, who repre-
SentS Nelson's son-in-law and
daughter. Mr.. and Mrs. William
K. MacWilliams, contended that
part of the conspiracy indict-
ment as worded would cover a.
period before enactment of the
law under which the charge was
returned.
In this line of argument the de-
tense counsel relied on wording
In the indictment which charged
the conspiracy began "at a time
more than three years before" the
return of the indictment. The in
dictment was returned last Octo-
ber %.
Another Paragraph Cited.
Government counsel pointed to
another paragraph in the con-
Spiracy count which charged the
conspiracy was planned and con-
tinued throughout the period of
three years Immediately before the
return of this indictment"
The Governments point on the
time element was argued both by
Assistant United States Attorneys
John w. Fihelly and William E.
Kirk. Mr.. Kirk argued further
that all covert acts" charged in
the conspiracy count fall within
the time in which the new law
has been in effect.
Judge Pine, in turn, sustained
the Governments contention in
his ruling.
Judge Pine today also denied a
defense motion seeking to inspect
the minutes of the grand jury
which returned the indictment.
Contentious "Shop Worn"
Judge Pine, however, did grant
a defense motion for a bill of
particulars to set forth charges inI
the indictment in greater detail.
The prosecution, in turn. had con-
sented to a bill of particulars
being granted.
During the course of his ruling
Judge Pine described some of the
defense contentious as shop
worn." and in line with conten-
tionS made in connection with
other cases many times before.
Judge Pine denied a prosecu-
ton motion, argued by United
States Attorney Charles M. Irelan,
which sought to consolidate for
trial two indictments against Mel
son. Besides being named in the
gambling conspiracy indictment,
Nelson is named alone in a per-
jury indictment, which charges
that he lied about his gambling
activities while testifying last
summer before a Senate crime in
vestigating committee. Denial of
the motion means that Nelson
would have to be tried separately
In the two cases.
Trial of the 16 defendants has
been scheduled to begin next