Evening star., 1952-01-23
4 Prosecutors Reputotion

The suggestion amounting almost to a di-
rect accusation that there was connivance in
: the District Attorneys office to prevent q sic-
cessfuI prosecution In the Brass Rail shooting
case Is much too serious . matter to be left
dangling in midair. Yet this was the status Of
the affair when the Senate District Crime Cons
mittee recessed its hearings yesterday. SIS 4,
ii Is extremely di11cult to believe that there
Is any basis in fact for the insinilations that
were heaped upon Assistant United States Attor-
ney Charles B. Murray when he appeared before
senator Neelys committee. He has spent his
adult years In the District Attorneys oflee, and
his record and reputation there refute any srg-
gestion that he is not thoroughly honest
prosecutor.
The "case" for the intimation that there
was something hshy In the handling Of the
Brass Rail case Is product of inference and
suspicion The basic facts are that Charles H.
Nelson was shot at the Brass Rail restaurant
four years ago BY Henry piggy Leake, and that
Nelson then shot Leake. First Leake and then
Nelson were indicted The cases were console
dated for trial, with the result that both men
were freed on directed verdict Of not guilty.
It Is possible, from these facts to jump to
suspicious conclusions, and that is what the;
committee did. Why was Nelson indicted? That
meant that neither he nor his wife, witness,
could be compelled to testify Why were, the
cases Joined for trial-a procedure which, il Is
suggested, would almost certainly lead to
acquittal?
This, Of course, is hindsight, and it over
looks certain facts One d that the attorneys
for Leake and Nelson vigorously opposed the
consolidation. II the "hx" was on, why did they
oppose the move? Another fact is that console
dation was ordered by Chief Judge Laws after
hearing In open court. Is he, too, under sus-
picion? Another fact is that il Leake was rum
ming away at the time he was shot there was
at least technical basis for indicting Nelson
for assault with dangerous weapon, even
though he had been shot first.
Mr. Murray answered some Of the questions
In his appearance before the committee, al
though the clashes between him and Senator
Neely were more productive Of heat than light.
But other questions have not been fully an
swered, particularly the question as to why it
was decided (before Mr.. Murray came into the
easel to- indict Nelson instead of trying to force
him without Indictment to testify for the Gov
ernment.
The net result Is to leave the District Attor-
neys once under certain cloud Of suspicion in
the public mind This Is most unfortunate, and
The Star does mot believe there is any basis in
fact for It. District Attorney Irelan would be
well advised, however, to prepare the fullest pos
sible statement Of the facts In the Brass Rail
case, and when the Neely committee resumes it's
hearings that statement should be presented to
t.Ttere Is more atstake here than Mr.. Murrays
reputation rs an honest prosecutor, though that
is important. The integrity Of the District At
torney's ONCE has been brought into question,
and even though that may have been done irre-
sponsibly, It Il something that must not be
ignored. dropped or brushed aside.