Evening star., 1952-01-29
Called,
Then Excused as
Nelson Witness
Ford Changes PIon
As Police Statements
Are Not Used in Trial
By W. n. shippen

Commissioner F. Joseph Dono-
hue was excused today from testi-
flying as defense witness at the
gambling conspiracy trial Of
Charles e. Nelson and Is others
in District Court.
The Commissioner was served
with a subpoena at his Office this
morning and reported to the wit.
ness room. An hour later, how.
ever, he was informed that De-
|fense Counsel Charles e. Ford
would not require his presence on
THE stand.
Mr.. Ford said he took this ac-
|tion after Assistant United States
Attorney John w. FiheAy informed
him he did not plan to offer in
|evidence statements made before
the grand jury by two police OFF,
GERS and former detective who
are among the defendants.
No Immunity Claimed.
Mr.. Ford, who represents the
two police officials and the retired
detective accused of protecting the
numbers ring. had the subpoena
issued to show the officers did not
testify voluntarily before the grand
Jury.
Mr.. Fihelly explained to Judge
James r. Kirkland previously that
neither Inspector Albert !. Bull
lock, Detective Sergt. Robert @.
Kirby nor James e. Lowry, retired
precinct detective, claimed i'm
munity on grounds Of possible self
incrimination when they appeared
before the grand jury.
MIR. Ford had told newsmen he
expected to show, through Mr..
Donohue's testimony. that the
District Commissioner, in his
weekly broadcasts, had threatened
policemen with Trial Board ac-
tion should they decline to answer
questions Of grand juries or con-
gressional investigating commit.
tees.
May Rest Case Today.
Meanwhile, the Government was
expected to rest its case this aft
ernoon. Mr.. Fihelly told the Judge
he plans to call only one more
witness, after finishing with
Perrin A. Kent, an agent for the
Internal Revenue Bureau.
MIR. Kent was called back to the
stand today after being excused
late yesterday to obtain a letter
he said he had received from the
Commissioner Of Internal Revenue
directing him to testify freely
along lines admissible to the
Judge.
Previously. another agent, Sam
uel w. Ford, had told the jury Of
nine men and three women that
Robert L. Nowland, one Of the ac-
Icused, informed him he and his
wife were in partnership with
Nelson and the latter's wife, Mrs.
Virginia Madge Nelson.
At least a dozen of % witnesses
produced so far by the Govern
ment have testified they worked
for the Nelson's and the NowlandS
in various capacities In the last
20 years.
These have included pickup
men. women adding machine
operators, an Office manager who
made up to $4,000 q year and
persons who said they wrote num-
bers for the syndicate in the Dis.
trict.
Numbers Writer Testifies.
Witnesses late yesterday In
cluded Mrs. Moody Wilson, COLI
ored, Of the 1900 block of c street
Sc, who said she wrote numbers
for the syndicate for several
years up to 1850.
She said she made commits
sion of about $25 a week while
writing bets totaling some SIS to
500 day. She said she turned
the work in at a pickup place in
the 1900 block Of Constitution ave-
nue. NE, where she often saw the
Nowlands.
Under questioning by Mr.. FL
helly. Mrs. Wilson said her bond
was arranged for her when she
was arrested on one occasion and
that Nowland sent her to an at
torney.
Defense counsel objected to this
line of questioning on grounds
that the attorney client relation
ship is privileged. Judge Kirkland
upheld the defense and warned
the Government he would declare
a mistrial If such relationship was
brought up again.
Neither this nor previous wit
nesses was allowed to say what
attorneys represented the syndi.
cate. .....