Evening star., 1952-01-24
Nelson Records
Bolster Evidence
For Prosecution
Dutd Admitted for
Gambling Trial After.
3-Hour Argument
By W. n. shippen

s-A~S@
associates In a rich numbers ring
today, with the aid Of documents
seized from Nelson's personal files.
Testimony of dozen witnesses,
including seven former employees
of the syndicate, can now be
backed by Nelson's income tax
data, ledgers and other records
taken from the wealthy Mary
lander's stock farm at Ritchie last
summer.
The Government is completing
its story before the District Court
jury of the circumstances sur
rounding Nelson's voluntary"
surrender of the evidence and of
the custody of the papers after
they were obtained from the
Senate Crime Investigating Com
mittee,
On call today are Sergt. Thomas
Smith of the Maryland State
Police, who has testified he col
lected the documents with Mel
sons permission while he was on
loan to the Senate investigators,
and Assistant United States At
torney Thomas Walden, who took
custory Of the papers from the
Senate Committee.
Didn't Claim Privilege.
Judge James r, Kirkland ruled
late yesterday that the voluminous
records would be admitted in evi-
denee because Nelson did not
claim the privilege of possible
self determination for his testi-
mony before the Senators or for
the records he volunteered" in
support of his testimony.
The point Of immunity was
argued for more than three hours
yesterday in the absence OF the
Jury. Defense Counsel z. Edward
O'Connell contended the records
were as much part OF Nelson's S
testimony as if he had read their
contents to the Senators.
He cited the law against GRIM
inal prosecutions based on testi-
mony before Congressional COM
mittees.
Attorney Charles E. Ford
pointed out that Nelson was still
subject to Senate subpoena when
he was told by a member Of the
committee to produce certain rec
oras with a bearing on his net
worth. Nelson previously had told
the Senators he thought" his in
come came from gambling.
Assistant United States Attor-
ney John w. Fihelly argued that
Nelson already had completed his
testimony when hes Voluntarily
agreed to turn over q ''little red
book" He added Nelson himself
offered the committee agent ad-
ditional records after explaining
the 'little book" had not been
Brought up to date.
No Showing of COmpulsion.
Judge Kirkland ruled that Mel
son not only failed to claim i'm
munity under his Constitutional
right to refuse to give evidence
against himself, but there was no
showing that he had been COM
PEELED to act as he did.
Before the judge ruled on ad-
instability. Sergt. Smith was
placed on the stand In the jury's
absence.
The Judge asked: what was
your purpose in going to the Mel
son farm on August 8. 1882"
ITO get from Nelson the little
red book In which his 1851 rec
ords were supposed to be kept,
Sergt. Smith replied. He added
Nelson had indicated" to the
committee the book had records
Of his net worth.
The witness said that, upon
arriving at the Nelson home, we
went to his office.
II asked him if I could have
his 1851 red book" the witness
said. This was the book Nelson
had mentioned to the Senators
previously, Sergt. Smith said.
Nelson told him, the witness
said, that the book was not COM
plete "but he had some other rec
ords which might interest me-"
HE produced from the bottom
drawer Of a file cabinet a 1912
ledger book" Sergt. Smith de-
clared.
Showed Business Proceeds.
The ledger, Sergt. Smith con-
tinued, showed Nelson's share and
that of his wife, Mrs. Virginia
Madge Nelson, in the proceeds OF
a business which he (Smith) took
to be gambling because OF certain
notations.
The witness declared Nelson
then showed him a number OF
manila envelopes marked ON the
outside to indicate they contained
income tax information for the
years 1910 to 1850.
81 told him maybe the COM
mittee would like to see the
ledger and envelopes and asked Il
he had any objection" the SER
geant testified. '.{1e said, None
whatsoever. as well as / can recall
the words"
Sergt. Smith explained he gave
Nelson a receipt and Nelson
''helped me wrap up the records
and carry them out to my car
then delivered them to the com.
mittee."
When the jury was recalled. Mr.
Fihelly put his assistant. Mr.
Walden, on the stand to testify
as to continuity Of custody Of ths
documents.
Studied Papers ct Home.
Mr.. Walden said that, for tn,
first two weeks after he received
the evidence from the Senate
Committee, he worked over tn,
papers at home almost ever,
night, including Saturdays anc
Sundays. ~
sHe kept the papers in his bed