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

VI tk1C oy44A4VdbSS t<AA4 4AVW VIC
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 completed It's
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.
Attorneys Select Papers.
The jury was excused until this
afternoon to permit Government
attorneys to mark papers they
want to introduce against the de-
PENDANTS from . mass Of written
evidence. This includes q ledger
dated 1912. IL manila folders con-
tanning income tax data from 1910
through 1850 and two folders Of
miscellaneous papers.
The prosecution win seek to
present at least 100 separate papers
to the jury from several thousand
items taken from the Nelson home.
Each item possibly will be con-
tested by defense counsel on its
individual merits.
Sergt. Thomas Smith Of the
Maryland State Police completed
his testimony today on how he
obtained the documents with Mel
sons permission while he was
working temporarily for the Sem
ate investigators last summer.
Another Government witness
Assistant United States Attorney
Thomas Wadden-told the jury
how he took custody Of the papers
from the Senate Committee last
August and kept them in his pos
session or under lock until they
were brought into court.
Defense Protests Fail.
Judge James r. Kirkland late
yesterday overruled all defense ef-
forts to stop introduction of the
Nelson records. The court decided
that Nelson had failed to claim
the privilege Of possible self-in-
elimination for his testimony be-
fore the Senators or for the rec
ords he volunteered" in support
Of his testimony.
This rule, however, will not stop
the defense attorneys from OBJ
jecting to the presentation Of in
dividual papers to the jury on
such grounds as their contents
may suggest.
The point Of immunity was
argued for more than three hours
yesterday in the absence Of the
jury. Defense Counsel T. Edward
O'Connell contended the records
were as much q part Of Nelson's
testimony as If he had read their
contents to the Senator'S.
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 q member Of the
committee to produce certain rec
ordS with q 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 he 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 COmpuIsion.
Judge Kirkland ruled that Mel
son not only failed to claim Inn
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 adj
instability, Sergt. Smith was
placed on the stand In the jury's
absence.
The Judge asked: what was
your purpose In going to the Nell
son farm on August 9, 1852"
''To get from Nelson the little
red book In which his 1851 rec
ords were supposed to be kept" n
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.
'I asked him II I could have
his 1851 red book, =" the witness
said. This was the book Nelson
had mentioned to the Senator'S
previously. Sergt. Smith said.
Nelson told him, the witness
said, that the book was not COM
plste but he had some other rec
ords which might interest me-"
HE produced from the bottom
drawer Of 3 file cabinet o 1912
ledger book" serkt. Smith de-
clared.
When the jury was recalled. Mr..
Finely put his assistant. Mr..
Walden. On the stand to testify
as to continuity Of custody Of the
documents.
Mr.. Walden said that. for the
1irst two weeks after he received
the evidence from the Senate
Committee, he worked over the
papers at home almost every
night. including Saturdays and
Sundays.
He kept the papers in his bed
room one night. he said, and at
other times returned them to the
otace daily. storing them In "a
vault ii the United States At
A0RnMy,a @f3,c@,