Mr. NICHOLS. I did, sir.

Mr. BAUMAN. Thereafter, Lieutenant Murray came back and told you that Major Barrett had sent Lieutenant Murray and Captain Strange down?

Mr. NICHOLS. Not at that time. Lieutenant Murray came downstairs after I did and said to me, "Nick, the Major don't want to hurt you but he has got the goods on you, he is going to give you 15 minutes to resign," and I said, "Did he tell you that?" He said, "Yes", and I said, "You go back and tell him that he can do so and so, please.'

And so he went back and in about 5 minutes time he come back in a hurry and I said, "Where are you going, Lieutenant?"

He said, "I have got an investigation to do, I got to see Nelson."
I said, "Who is going with you?"

He said, "Captain Strange.

And I said, "Is he going, too, you mean to tell me that Captain Strange is going to investigate himself?" I said, "I am going with you."

He said, "Wait a minute, Nick”—and I said, "I am not going to take any double cross."

Mr. BAUMAN. You are talking much too fast.

Mr. NICHOLS. And I said that and he said, "No, Nick, let me handle this thing. You know I am fair."

I told him, "I know you are fair and no disrespect to you, Lieutenant, but," I said, "you know who I am dealing with and I don't propose to take a double cross." I said, "I haven't got much to live for."

Mr. BAUMAN. Now, as a matter of fact, after your conversation with Lieutenant Murray, did Captain Strange go with him? Mr. NICHOLS. That is correct, sir.

Mr. BAUMAN. After these incidents about what you have testified did Major Barrett ever recommend disciplinary proceedings of any kind against you?

Mr. NICHOLS. No, sir.

Mr. BAUMAN. Did you ever get trial board action?

Mr. NICHOLS. No, sir.

Mr. BAUMAN. Was any case involving you or your actions in this matter presented to the grand jury to your knowledge?

Mr. NICHOLS. I don't know what he told the grand jury but they had me shortly after, you know.

Mr. BAUMAN. Yes, I do know, but were you ever made a defendant? Mr. NICHOLS. No, sir; no, sir.

Mr. BAUMAN. I have no further questions of this witness.

The CHAIRMAN. This hearing is adjourned until next Monday morning at 10 o'clock.

(Whereupon, at 4: 15 p. m. the subcommittee recessed to reconvene Monday, January 21, 1952, at 10 a. m.)

INVESTIGATION OF CRIME AND LAW ENFORCEMENT IN

THE DISTRICT OF COLUMBIA

MONDAY, JANUARY 21, 1952

SUBCOMMITTEE OF THE COMMITTEEE

ON THE DISTRICT OF COLUMBIA,

INVESTIGATING CRIME AND LAW ENFORCEMENT,

Washington, D. C.

The subcommittee reconvened, at 10 a. m. (pursuant to S. Res. 136, agreed to Sept. 13, 1951, 1st sess., 82d Cong.), in room 457, Senate Office Building, Senator Matthew M. Neely (chairman), presiding. Present: Senators Neely, Hunt, Pastore, and Welker.

Also present: Arnold Bauman, chief counsel to the subcommittee; Harold Solomon, associate counsel; Gerhard Van Arkel, chief counsel to the full committee; Robert H. Mollohan, chief clerk.

The CHAIRMAN. The committee will be in order.

Mr. Bauman, call your first witness.

Mr. BAUMAN. Major Murray.

The CHAIRMAN. Major, do you solemnly swear that the testimony you are about to give shall be the truth, the whole truth, and nothing but the truth, so help you God?

Major MURRAY. I do.

TESTIMONY OF MAJ. ROBERT V. MURRAY, SUPERINTENDENT, METROPOLITAN POLICE DEPARTMENT

Mr. BAUMAN. Will you be seated, Major?

Is there a statement you want to make to the committee?
Major MURRAY. Yes, there is.

Mr. Chairman, members of the committee: When I was appointed Superintendent of the Metropolitan Police Department I was directed by the Board of Commissioners for the District of Columbia to cooperate with this committee and to assist its staff in their efforts. I personally have been happy to do this and I have directed the members of our Department to do likewise.

I have stated publicly on several occasions recently that the many and varied investigations of the Department over the past few years. have harmfully affected the morale of the Department and have rendered the recruitment of new police officers very difficult. This is shown by the fact that there are at present 211 vacancies.

Naturally, I had hoped this investigation would be completed as expeditiously as possible. However, it is also very important that our Department should have the full confidence and respect of the citizens of the District of Columbia.

As the Capital of the Nation, Washington is entitled to a model police force. For these reasons and in view of some of the testimony that has been taken here, I sincerely hope that this committee will make a thorough and decisive investigation and will not leave the Department under a cloud.

Most of the members of this Department with whom I have worked over the years are fine men, men who would be a credit to any position they might hold. They have made a record in most phases of law enforcement which in my opinion is unmatched by the police department of any major city. It has been an honor and a privilege to know and work with such men.

I would like to make it clear to this committee that in many contacts with Mr. Arnold Bauman, committee counsel, I have found him to be a very capable investigator and always fair in his dealings with me. I am sure that this committee and Mr. Bauman will want to give those police officers whose names have been mentioned in these hearings an opportunity to appear here and testify under oath, should they desire to do so.

If there is evidence of dishonesty or impropriety of action on the part of any member of the force, appropriate disciplinary action will be speedily taken. I want to pledge to this committee and to the citizens of the District of Columbia that I will in no way shirk my duties or responsibilities. I never have in the past.

Since my appointment to the office of Superintendent of Police, I have repeatedly stressed to the force the importance of enforcing all laws without fear or favor, fairly and impartially.

With reference to the enforcement of gambling laws, I think it will be of interest to the committee to know that I have designated Inspector Clarence Lutz, an able and aggressive officer, as head of the gambling squad. His background and training guarantee that an outstanding job of enforcement will be done in that sphere. He has been given a free hand in selection of the members of his squad, and I know that the gambling laws will be rigidly enforced.

I personally have kept, and will keep, close personal supervision over this phase of law enforcement, and I want to assure the committee that I will tolerate no laxity in this regard.

I hope when these hearings are completed that the good men of this Department, with the assistance of Congress and all law-abiding citizens of Washington, will join with me in making the Metropolitan Police Department one of which the city can be proud. The uniform of the Metropolitan Police Department should be a symbol of pride and honor, and I intend to make it such a symbol. I would like to be given a fair opportunity to accomplish this.

Senator HUNT. Major Murray, you speak of 211 vacancies, and that the various investigations, to your way of thinking, are responsible for those vacancies. I remember a couple of years ago before all these investigations started we had 230 vacancies.

Major MURRAY. I don't say it is entirely the fault of investigations, but we do have letters from applicants who will not come into the Department while the Department is under continuous investigations. Senator HUNT. Major, what is the starting salary for a patrolman? Major MURRAY. It is thirty four hundred-and-some-odd dollars. I have that here, sir. It is $3,077.35, private class 1.

Senator HUNT. Well, that is roughly what, $260 a month. I think there is your reason for not being able to get the men to come on to your force.

Major MURRAY. I do think that the pay scale is a very important factor.

Senator HUNT. I can't employ competent persons in my office today for any $260 a month.

Major MURRAY. No, sir. I think that truck drivers and dishwashers make at least that much.

The CHAIRMAN. Major Murray, since your recent promotion the Chair has heard much good and nothing bad about you. Those who have known you for many years apparently have absolute confidence in your integrity, ability, industry, and energy. The Chair fully shares the good opinion of you which many others have expressed. If you live up to the high standard you have indicated you intend to establish and maintain as head of the police system of the greatest Capital in the world, you will thereby render priceless service to Washington and the Nation, and indelibly write your name in the golden book of fame.

This committee is not responsible for the conditions which have made its investigation necessary. Certainly the record now clearly indicates that a thorough investigation is overdue. If, within a reasonable time, conditions are not greatly improved and the police force is not purged of all who think that it is their duty to protect the lawless instead of the law abiding, there will doubtless be other investigations, and it may unfortunately become still more difficult to induce good and capable men to enter your service. On the other hand, if you make the Washington Police Department the pride of the Nation and membership in it a shining mark of distinction, adequate numbers of thoroughly qualified men will, in the opinion of the Chair, eagerly seek the privilege of helping you to banish crime, enforce the law, enthrone order, and make Washington's government the model for that of all the other great capitals of the world. Major, we wish you unsurpassable success. We assure you that—

Our hearts, our hopes, our prayers, our tears,
Our faith triumphant o'er our fears,

Are all with thee-are all with thee!

Major MURRAY. Thank you, Mr. Chairman.
The CHAIRMAN. Mr. Bauman, please proceed.

Mr. BAUMAN. Major Murray, in the year 1948 what was your assignment?

Major MURRAY. I was in charge of the robbery squad, the first part of 1948. Later I was made captain of detectives.

Mr. BAUMAN. What was your rank the first part of 1948?

Major MURRAY. Lieutenant.

Mr. BAUMAN. Do you know Detective Sgt. Reuben Nichols, now retired?

Major MURRAY. I do. I was appointed to the police force the same day and was in the police class with Sergeant Nichols.

Mr. BAUMAN. Was he in any way working under you during 1948? Major MURRAY. He was assigned to the robbery squad, of which I was the squad supervisor.

Mr. BAUMAN. Do you remember an incident during the early part of that year when then Major Barrett asked you to bring Nichols up to his office?

Major MURRAY. Yes, I do.

Mr. BAUMAN. Will you tell the committee what happened at that time?

Major MURRAY. Well, it was on a Saturday morning and it was shortly after our morning roll call, which is over around 9 a. m., and I got a call to bring Sergeant Nichols to the Major's office.

I got ahold of Nichols and told him we had to go to the major's office, and on the way up I told him I thought I knew what it was about. Nichols' picture had appeared in the Afro-American newspaper just a day or so before, and, being assigned to the plain clothes work, it is the policy of the Department that pictures not appear in the paper. Mr. BAUMAN. Did you go up to Major Barrett's office?

Major MURRAY. We did.

Mr. BAUMAN. What happened then?

Major MURRAY. Well, when we entered the office I was taken completely by surprise about the subject because I thought it was about one thing, it turned out to be something else.

Mr. BAUMAN. Please tell the committee what the conversation was between Major Barrett and Sergeant Nichols.

Major MURRAY. Well, when we entered the office, Major Barrett rebuked Nichols and told him that he had information that he was trying to shake down a man for $5,000-Simkins. Well, Nichols, he is a very emotional man. He broke down, started crying, protested that it wasn't so.

Major Barrett also accused him of going with a woman by the name of Odessa, who I learned later is Odessa Madre, to the home of Nelson, and trying to get Nelson, or trying to help Nelson to get money from Simkins because he had been shot while in the employ of Simkins at the Brass Rail.

He also told him that he had information that he had talked to Simkins at a prize fight in Cleveland, and Odessa was along with him at that time, in which he tried to get Simkins to compensate Nelson for his injuries. At the same time Major Barrett stated that he had also tried to get money from a Henry Leake, who was the assailant of Nelson, and who, himself, was shot in the same affray.

Mr. BAUMAN. Is he the one known as "Piggy" Leake?
Major MURRAY. Yes.

Mr. BAUMAN. Continue.

Major MURRAY. He stated that Nichols had tried to get money from him to settle and to compensate Nelson. Well, as I say, the major was very angry about it.

He did say that if he could prove it he would send him to the penitentiary and that the matter would be placed before the grand jury. He did direct me to make an investigation and to go to Nelson

Mr. BAUMAN. Now, before you come to that, sir, did Major Barrett accuse Nichols of "working both ends against the middle?" Major MURRAY. Yes; he did. He meant by that that he was trying to get money from Leake and from Nelson.

Mr. BAUMAN. You were thereupon detailed to make an investigation of this matter; is that right?