Evening star., 1951-04-19
'NesIine Freed
In S|aying, Gets
Year for Gun
Holtzoff DepIores
Bookie's AcquittoI,
Hits Bottle Clubs
BY Chorles J. Yorbrouoh

Joseph +. NeSllne, self described
gambler, bootlegger and bookie,
yesterday was acquitted of murder
in the Hide-Away Club Staying of
gunman George P. Harding.
A jury of four women and eight
men quickly subscribed to Nesline's
plea of self-defense, but it con-
victed him of carrying a loaded
weapon.
Judge Alexander Holtzoff,
roundly deploring Nesline's exon
GRAFTON in the Staying, immedi-
ately sentenced him to one year
in Jail and a $1,000 fine-maxi-
mum penalty for the misdemea-
nor.
The jury was out only 80 minutes
and took but one ballot. The first
voice roll call showed 10 of the
IL jurors in favor of acquittal.
a member of the panel said later.
Hits After Hours Clubs.
Judge Holtzoff, prior to SEN
fencing. made no effort to cloak
his opinions abouA the verdict,
about the defendant and parti-
cularly about after-hours clubs.
"The after-hours clubs are head
quarters for ex-convicts, rack
eteers, gamblers and gunmen," he
snapped. THE court hopes this
case will bring to focus the neces-
sity of action" against them.
There is no reasonable basis for
their existence"
AS for Nesline, Judge Holtzoff
described him as "a dangerous
individual, a racketeer and pro-
fessional gambler for more than
IS years. He carried a most vi
cious weapon. "The court feels"
the Judge went on, "the Defend
ant should have been found guilty
of manslaughter. The defendant
is very fortunate that the jury was
so charitable"
Judge Holtzoff quickly denied
Defense Attorney Charles E. Ford's
motion to subtract the three
months Nesline has already served
from the 12-month sentence.
The acquittal kept intact Mr..
Ford's record of never having lost
a client by the death penalty.
Faces Another Charge.
Nesline still faces a charge of
carrying gun from which num-
Der and name had been removed.
The almost eXpressionless de-
fendant, who told the jury he is
now secretary of an oil company
headed by his attorney, Mr.. Ford,
went to trial eight days ago, ac-
cused of killing Harding with one
shot from a 45-caliber pistol.
Against NeSline's f-defense
plea and his detailed account of
his fear of Harding, Assistant
United States Attorney Arthur
Mclaughlin read shadowy impli-
cations into his final argument.
"The affair radiates gang war;
fare" he asserted. "Nesline was
killing Harding for some purpose.
HE had murder in his heart
and murder in his mind" the
prosecution declared.
Victim Also Armed.
Harding was shot on the bal
cony of the Georgetown bottle
club early on the morning of
January 10. He carried a pistol
in his right hip pocket when he
died.
The shooting. according to the
defense. was the elimination OF
four months of fear which Nesline
had of Harding.
Still a mystery after the verdict
came in was reason for
Harding's hatred of Nesline. Pro-
secutor Mclaughlin frequently
mentioned gang war and asked
the jury repeatedly:
did some one want to get rid
of Harding for a reason we don't
know?
"Is there something more i'm
portant behind this case?"
WAS it gang killing?"
He deplored conditions as they
exist in the District and as they
existed at the club that morning.
He was critical of the two police
men who were in the club at the
time, although both testified they
were there on official business, but
had stopped to eat breakfast.
What right had the police to
be in there-behind locked doors
to sit and eat at the expense
of the proprietor?" Mr.. McLaugh-
lin asked.
Did they close their eyes to
certain things which existed
there?"
Defense Cites Threats.
Mr.. Ford. in his final argument,
countered the prosecution asser-
tons by saying "Mr. Mclaughlin
is trying to horrify you"
He frequently referred to Hard
ing as mad dog and fairly
shouted out the violence which
had marked Harding's criminal
career and the threats he had
made against Nesline."
When you're full of fear some
ones going to kill you, you can't
think straight" Mr.. Ford said.
'Nesline had no choice con that
balcony in the Hide-Away Club
at that moment except to defend
himself.
by the law of God it is the law
that you have right to defend
yourself.
Call him a gambler, call him
what you will. but he still is en-
titled to the laws of God, of nature
and the District of Columbia"
Retired Auditor Begins