Senator WELKER. And that Catfish delivered the $60 counted out on the bed and Carper took it in his presence? Was that sustained by your test.

Sergeant FURR. That counting on the bed was a complete surprise. That was not told to me during the test.

The money given to Carper according to my test when I first talked to him was supposed to have been handed to him on two occasions at 39 S Street, and from then on never in the presence of Herbert Johnson. I find that when he says, told me that Nellie Leach was present during these two pay-offs at the house, that that was not the truth.

Senator WELKER. On the basis of your test?

Sergeant FURR. Correct, sir.

Senator PASTORE. You have volunteered a statement that has a great deal of substance, the fact that people who are addicted to dope, when it is convenient for them, will fabricate a story. I mean as a general proposition there is a great deal of truth in that statement.

By the same token, you know too that it is not quite a common thing with people who are serving sentences either in county jails or Federal jails to sing and tell stories; isn't that so? It is not a common thing for a man who has been sentenced, to appear before any judicial body and sing out loud. It is not healthy for them, you know that.

Sergeant FURR. It probably would be very unhealthy.
Senator PASTORE. Isn't that a fact?

Sergeant FURR. Correct, sir.

Senator PASTORE. How do you reconcile the fact all these people who have been sentenced and you say have no reason to know of any animosity between the people whom they are accusing, can you explain why they are coming out publicly and making these statements at such a terrific disadvantage and risk to themselves?

Sergeant FURR. No, sir, I don't, but I believe there is only one in jail at the present time. That is Mr. Roberts.

Senator PASTORE. Well, Tinky is in jail.

Sergeant FURR. I believe she is, yes, sir. I believe Mr. Johnson is on bond at the present time if I recall.

Senator WELKER. May I ask you another question, Mr. Witness? Sergeant FURR. Yes, sir.

Senator WELKER. Did any of these witnesses that you have given the lie detector test to ever hesitate or demand that they not be given the test?

Sergeant FURR. Only Mr. Roberts.

Senator WELKER. Mrs. Roberts?

Sergeant FURR. Mr. Roberts.

Senator WELKER. Mr. Roberts?

Sergeant FURR. Correct.

Senator WELKER. Did you give a test to him?

Sergeant FURR. No. sir, I did not.

Senator WELKER. Did he explain to you why he did not want to take the test?

Sergeant FURR. No, sir. The only thing he explained to me, that he had nothing to say, that he had not paid Mr. Carper or any other policeman; that he had nothing to say and no reason to talk or no

And naturally these tests must be strictly voluntary, as you probably read, sir, and if there is any reluctance to take it, naturally we do not give it. It would be impossible.

Senator WELKER. Outside of Mr. Roberts, they all volunteered freely without any coercion whatsoever to take this lie detector test? Sergeant FURR. Correct, sir.

Senator WELKER. That is all I have.

Senator PASTORE. When is the first time as far as your knowledge that you know that the Police Department knew that this story had been told by these people against Lieutenant Carper?

Sergeant FURR. The first that I knew of it or had any rumor of it was when I was called to Mr. Wadden's office to run these tests. Senator PASTORE. February the 21st and 22d?

Sergeant FURR. Correct, sir.

Senator PASTORE. Do you know if anything had been done officially against Lieutenant Carper?

Sergeant FURR. Not to my knowledge; no, sir.

Senator PASTORE. Do you know whether or not any investigation had been made to determine whether or not there was any truth to these stories that were being told?

Sergeant FURR. I don't think any member of the Police Department particularly knew the whole story enough to make any investigation. Senator PASTORE. Did you know enough that Lieutenant Carper had been accused of receiving a bribe?

Sergeant FURR. Oh, yes, sir; but these tests that I run, it's strictly a confidence. It's practically like a doctor and a patient.

Certain things they tell you during the test to counteract the various reactions is strictly confidential and we don't disclose those in all fairness to the individual.

Senator PASTORE. I know, but I am talking about your basis for being here. Wasn't that commonly known within police circles that these stories had been told against Lieutenant Carper by these individuals?

Sergeant FURR. If so, it wasn't known by me until I went to his office on that day.

The CHAIRMAN. Is there anything further?

Senator WELKER. One more question.

Officer, can you tell me, has your lie-detector tests here in the District of Columbia become admissible in a court of evidence?

Sergeant FURR. No, sir; I believe there is very few States in the United States, possibly one, where it's admissible.

Senator WELKER. And it is not admissible here?

Sergeant FURR. It is not; no, sir.

The CHAIRMAN. The witness may stand aside.

Mr. BAUMAN. That is all. I would prefer not to call any further witnesses today, and I would like the indulgence of the committee for a conference of about 1 minute afterward.

The CHAIRMAN. The committee will now hold an executive session. (Whereupon, at 11:45 a. m., the subcommittee recessed to recon

INVESTIGATION OF CRIME AND LAW ENFORCEMENT IN

THE DISTRICT OF COLUMBIA

TUESDAY, MARCH 25, 1952

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE

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 September 13, 1951, and S. Res. 267, agreed to January 30, 1952, 82d Cong.), in room 457, Senate Office Building, Senator Matthew M. Neely (chairman) presiding.

Present: Senators Neely, Hunt, and Welker.

Also present: Senator Francis Case; Arnold Bauman, chief counsel to the subcommittee, and Harold W. Solomon, associate counsel. The CHAIRMAN. The subcommittee will come to order.

The Chair has received from Mr. George Fay and Mr. John Russell Young letters which will be inserted in the record. (The letters above referred to are as follows:)

Hon. MATTHEW M. NEELY,

Chairman, Senate District Committee,

FAY & ANDERSON, Washington, D. C., March 20, 1952.

United States Senate, Washington, D. C.

DEAR SENATOR: Upon my return from Dayton, Ohio, at 10 this morning I learned for the first time that at the close of yesterday's testimony before the subcommittee of the Senate District Committee that you had stated in substance that if Commissioner John Russell Young, former Major and Superintendent of Police Robert J. Barrett, or former United States Attorney George Morris Fay would care to tell the people of Washington how conditions such as had been exposed by the testimony to date, before the subcommittee, could have existed during their respective periods in office without their knowledge, the subcommittee would give them ample opportunity to be heard.

I was appointed United States attorney for the District of Columbia in November 1946. I was reappointed for a similar 4-year term in January 1951. On October 31, 1951, I resigned to enter the private practice of the law in this city. I am most proud of my official record and will be glad to defend it. If you will inspect that record you will find, among other things, the following pertinent facts relating to criminal prosecutions and investigations during my terms of office.

Shortly after my entry into office, and after studying existing conditions, I saw the advanced growth and serious problem of organized criminal rackets in the District of Columbia, particularly of an interstate nature. I discussed this matter with the Attorney General on numerous occasions and finally requested and secured, in March 1948, his permission to petition the chief judge of the United States district court to impanel a special grand jury to investigate organized gambling and related crimes. The court granted my petition and a special grand jury was sworn and began its investigation immediately. This investigation continued for 18 months, the longest period permitted by law.

The office of the United States attorney had no investigators for this purpose and had to proceed by questioning hundreds of witnesses before the special grand jury. Numerous indictments were returned, some charging violations of an interstate nature. On of these, that against Snags Lewis and others, resulted in pleas of guilty and substantial penitentiary sentences.

This past summer before I left office I caused a regular grand jury to be held over the usual period for the purpose of conducting the special investigation which resulted in the indictment and conviction of Charles E. Nelson and some 13 codefendants, including a detective sergeant and a former precinct detective of the Metropolitan Police Department.

During the 18-month period of the investigation by the special grand jury I went to Commissioner Anslinger's office on two occasions to discuss the possibility of taking concerted action against narcotic violators. He discussed frankly with me his plans for conducting mass raids and I, in turn, outlined to him my purpose to set up in my own office a special staff of the most experienced trial assistants to confer with his agents before the raids, to present the cases to the grand jury, and to follow them to successful prosecution in court. As a result of this concerted action raids were conducted which brought about the arrest, conviction, and sentence of top peddlers, including James ("Jim Yellow") Roberts and his wife, Evaline Roberts, and many of the persons who have testified recently before the so-called rackets grand jury and before your subcommittee. I am ready at any time to answer any questions concerning the foregoing or any other facts concerning my record in office as United States attorney for the District of Columbia.

Respectfully,

GEORGE MORRIS FAY.

Hon. MATTHEW M. NEELY,

GOVERNMENT OF THE DISTRICT OF COLUMBIA,
Washington 4, D. C., March 22, 1952.

Senate District Committee, United States Capitol,

Washington, D. C.

MY DEAR SENATOR: As you may recall, my attorney, Daniel B. Maher, conferred with you on March 13, 1952, at which time he requested that if the subcommittee desired further testimony from me, it call me on the following day or the following Monday. The reason for this request was that I planned to leave on a few weeks' vacation. He was assured that my presence would not be required during that period.

However, in view of developments of the past few days I wish to advise you that I have canceled plans for an extended vacation and I will be available to the subcommittee on any reasonable notice since I intend to return to my office on Monday.

As the member of the Board of Commissioners to whom nominal supervision of the Police Department is delegated, I share a large measure of responsibility for the efficient conduct of that Department.

One of the units of that Department is the Narcotics Squad, which is responsible for the suppression and detection of this form of vice. This unit has for many years worked in the closest concert with the Federal Bureau of Narcoticsso much so, that there has been a substantial identity of effort. Over a period of years scarcely any arrests have been made by any one unit without the knowledge and active participation of the other.

In the past 5 years, former Maj. Robert J. Barrett conferred on at least four occasions with representatives of the Federal Bureau with the aim of increasing the efficiency of the local unit and, if possible, to lend further cooperation.

Never has a request of the Federal Bureau for aid been ungranted, nor has a recommendation been ignored. Indeed, the cooperation has been so close that undercover men have been interchanged between the two units when need for such arose. Never has there been a complaint from the Federal Bureau regarding the efficiency or personnel of the District unit; rather, the work of the police unit has been the subject of commendation by Federal authorities.

Never, in all my years as a member of the Board of Commissioners, has there been brought to my attention any complaint, or even a hint, of any irregularity in the enforcement of the narcotic law; nor has there been the slightest suggestion of any connivance or collusion on the part of police officers with narcotic peddlers

or addicts. Had there been, it would have been met with searching investigation, and, if substantiated, by vigorous prosecution.

During the period in question, the Narcotics Squad was one of 14 units comprising the Detective Bureau. The officers who were in direct supervision of the Bureau are: Former Inspector Floyd A. Truscott, Maj. Robert V. Murray, Inspector Robert S. Bryant, and Inspector Edgar E. Scott, each of whom served as Chief of Detectives; and Maj. Robert J. Barrett, who was administrative head of the Police Department. All of these men have more specific information as to the operation of the squad than I have.

I have summarized above my general knowledge of the Narcotics Squad. If the committee desires, I will be available for appearance before your committee any day, at any time. I have also instructed Major Murray, Inspector Bryant, and Inspector Scott to be prepared to appear before the committee with me, and they are anxious to do so.

May I also offer to you, for the confidential use of the committee, the names of all undercover men who have worked for the local unit for the past 5 years, including the men presently engaged in that type of work. While I fully recognize that their utility to the Department in narcotics work will be destroyed by their public identification, nonetheless I believe that the gravity of the accusations warrants such action.

The purpose of this tender is to furnish the committee and the public with the stories of these agents who associated intimately with the persons who have made the accusations, and who would be in a position to know whether improper relations existed between drug peddlers and enforcement officers. And, in addition, it will afford the committee every shred of evidence having relation to the subject matter of the accusations.

Out of consideration for the men of the Metropolitan Police Department, and in justice to the citizens of the District of Columbia, I respectfully urge that every phase of the Narcotics Squad activities be fully, fairly, and publicly scrutinized.

Yours respectfully,

JOHN RUSSELL YOUNG.

The CHAIRMAN. A number of statements have appeared in the press to the effect that I have assailed Mr. Fay, Major Barrett, and Commissioner John Russell Young and had fumed, or shouted at them. A letter received this morning from a writer whose name I am not at liberty to disclose is relevant to these erroneous statements or charges. It is addressed to me and is as follows:

BETHESDA, MD., March 25, 1952. May I on behalf of the others who get a look at the television set where I do, tell why we think it is important that these hearings be televised.

Yesterday the evening paper reported that you shouted at the witness. We didn't hear you shout, nor did we see any evidence of an attempt to intimidate. Today's headline reads: "Neely denounces Young, Barrett, and Fay, says they did nothing to stamp out police corruption."

We didn't hear you denounce anybody, nor say that these men did nothing to stamp out corruption. We did hear you say, without denunciation, that it would have been impossible for these conditions to exist without these men knowing something about it; and then you indicated that the committee would be ready to have any of these men come in at any time to make explanation if there

was any.

Television is the only medium today that gives the public the true facts. Cordially.

The letter is duly signed. It contains the following postscript:

I am not a Democrat, but a Republican, but I'd like to see more accurate reporting. Kindly do not use my name publicly.

Ladies and gentlemen, as the fat woman said when she took off her girdle, "That lets me out," so far as the charges mentioned are concerned. [Laughter.]

Senator WELKER. Mr. Chairman, for the purpose of the record, may