Evening star., 1953-01-07
Appeals Court Hears
Attack on Little Book
In Nelson Conviction

In Nelson Conviction
Arguments that the Govern
ment illegally used a "little red
book" to convict Charles E. Mel
son, leader Of q nulti-million
dollar gambling syndicate, and
l3 others were heard yesterday
by the United States Court Of
Appeals.
Defense lawyers, led by Ed
ward Bennett Williams, pinned
their hopes Of an appellate re-
versal on q 100-year-old law that
has been revised twice, the last
time In 1910.
The statute states that testi-
mony given to a Congressional
committee, voluntarily or other
wise, cannot be used against the
witness in a criminal proceeding.
Mr.. Williams argued that trial
Judge James r. kirkland COM
mitted error in permitting the
Government to go ahead with
its conspiracy case against the
wealthy Prince Georges county
gentleman farmer.
THE law, as revised in 1910"
he declared, "explodeS the Gov
ernment's contention they could
use the records. Mr.. Nelson's rec
ords are the heart Of the Gov
ernment'S case"
Contained 20 Documents.
He explained the little red
book" Mr.. Nelson offered the Ke-
fauver Committee when sub
poenaed as a witness actually
consisted of 70 documents deal
ing with Nelson's gambling oper-
ations in the District, Virginia
and Maryland.
These records, Mr.. Williams
asserted. constituted testimony
before the Kefauver committee.
The appeal was heard by Judge
Z. Barrett Prettyman. Henry w.
Edgerton and David Bazelon.
Judge Bazelon interrupted
Government Counsel William E.
Kirk, jr., to ask If it were not
true that Nelson had testified
before the Kefauver committee
for several hours without being
advised Of his constitutional
rights.
The point was admitted by Mr..
Kirk. who replied:
"Mr. Nelson turned over the
records to the committee because
he felt secure. He had operated
unmolested for 20 years and had
a policeman and former deputy
marshal in his employe."
Judge Edgerton injected, "Un-
der the circumstances, that may
have been a reasonable conclu-
sion."
Before completing his ques-
tioning Of Mr.. Kirk. Judge Baze-
Ion observed that, If q policeman
instead of Congress had been
asking the questions without ad-
vising Nelson of his rights, I'VE
wouldn't have much of a prob
lem"
Asked to Give Memoranda.
Judge Prettyman. speaking for
his colleagues, asked both sides
to submit memoranda on the
disability Of the records against
the defendants other than
Nelson.
The controversial records were
turned over by the Kefauver
Committee to United States At
torney Charles Irelan's Office.
Through them, the Government
was able to get half a dozen
former Nelson adding machine
girls to testify against their
former boss.
Nelson, his wife, Virginia
Madge Nelson. and their two top
lieutenants. Mr.. and Mrs. Robert
L. Nowland. received from 20
months to five years for con-
Spiracy to gamble and gambling. I
In addition, the Nelson's were
fined $4,000 each. and the Now
lands, $2.500 each.
Blight H. Lee, next in the
chain Of command, drew from
one to four years.
Homicide Squad Detective
Sergt. Robert G. Kirby and
James e. Lowry, retired police
man and part-time deputy
United States Marshal, were
given one to three years each.
The pair acted as armed guards
for Nelson's $6 million-a-year
empire.
Daughter Got Suspended Term.
Mrs. Bertha N. MacWilliams, |
22-year-old daughter of Nelson
and the mother of two children,
got a one-to-three-year sus-
pended sentence. Her husband,
William K. MacWilliams was
fined $1,000 and sentenced to
from eight months to two years. |
Two other women received
brief sentences. They were Effie |
Lou Trent. three to nine months,
and Elizabeth Brady, one to 10
months.
In addition, three women
convicted and placed on proba- |
ton did not appeal. They are
Mrs. Shirley Mccoy. Mrs. Ruby |
Geary and Mrs. Mary T. Flam-
ing Mamie) Hutchinson.
Other defense lawyers were |
Charles E. Ford. H. Clifford ALL |
der. David Smith and T. Edward |
O'Connell.