Evening star., 1953-07-02
Nelson and 10
Others Win
New Trial
Appeals Court Rules
On Records Seizure;
Prettymun Dissents
By Howard [. Dutkin

The 1852 gambling conspiracy
conviction of Charles E. Nelson
and 10 co-defendants today was
reversed by the United States
Court of Appeals for the District
of Columbia.
A new trial was ordered.
The appellate court held, in
a 2-to-1 decision, that Nell
sons rights under the Fourth
Amendment protecting against
illegal search and seizure had
been violated.
Judge David L. Brazelon wrote
the majority opinion and Judge
Henry w. Edgerton concurred.
Judge E. Barrett Prettyman dis
Sented.
Specifically, the ruling re-
volved around admission to evil
dence of a number of records
concerning lottery operations
which had been turned over by
Nelson to the Senate Crime In
vestigating Committee.
Records Given Prosecutor.
Later the committee gave the
records to the Office of the
United States attorney and they
were admitted as evidence
against the defendants at their
trial.
The ruling in effect held that
the Senate Crime Investigating
Committee illegally seized in
eliminating personal papers Of
the hacker of the big numbers
syndicate here.
Today's opinion set a precedent
insofar as available records
showed. For the first time, it was
held that pressure put upon a
witness before a Congressional
committee may make involun-
tary seemingly voluntary actions.
The majority opinion also
went out of its way to say the
similarity between Congressional
hearings and police station pro-
cedures "has become more ap-
parent as the investigative ac-
tivities of Congress have become
less distinguiShable from the
law enforcement activities of the
Executive"
The numbers syndicate opera
ted by Nelson reputedly did an
annual business of six million
dollars a year.
All defendants in the Nelson
case currently are free on bond.
No re-indictment is necessary as
a result of todays opinion. A
new trial can be docketed on the
basis Of the present indictment.
Rover Uncertain of Role.
United States Attorney Leo A.
Rover said he would refer the
question of new prosecution to
the Justice Department. He said
that since he had represented
Nelson in some preliminary mat
tiers in the case, he did not care
to make the decision as to prose-
cutlon.
Nelson was sentenced to serve
20 months to five years and
fined $4,000. His wife, Mrs.
Virginia Nelson, received the
same sentence and the others re-
ceived sentences ranging from
probation UP to five years in
prison.
Three of the defendants were
not listed as appealing in this
case.
In his dissenting opinion,
Judge Prettyman declared that
while it was an error to
admit the documents against
Nelson, he did not think the
error was sufficient cause to re-
verse the lower court.
There was more than ample
other evidence to establish Nell
sons guilt; evidence of employees,
participants in the numbers
game. ETC."
Little Red Book" Involved.
The lottery records, the ap-
pellate majority opinion stated.
had been turned over at the
behest of the Senate Committee
following lengthy hearing
which recessed with echoes Of
the threats of prosecution :"
The opinion quoted a COM
mittee member as asking if they
might see a little red book"
which had been referred to dur
ing the hearing as part of Nell
sons records. Nelson replied
that it would be all right if the
committee sent a staff member
out to see it.
The opinion declared that at
the close of the hearing the re-
quest to see the book had be-
come a direction to turn it over
to the committee.
The opinion pointed out that