Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-21
JUDGESCOTT ANSWERED
DISTRICT OFFICIALS COMMENT ON
sNoLLE PROS QUESTION.
Power Of PrSsecating Attorney Not
Taken Away-court's
FrerSgative.

There was considerable discussion among
attorneys and District officials today with
reference to the comnents OF the judges OF
the Police Court yesterday relative to the
recent order Of the Commissioners with re-
gard to the ''nolle pressing Of cases by
the prosecuting attorney. During the pro-
ceedings In Judge Scott's court yesterday
the court was quoted, as saying that GER
tain case should have been 'nolle pressed
by the assistant corporation counsel In
reply to this Prosecuting Attorney Pugh Is
quoted as declaring that he could not nolle
pros. cases under the order Of the Commits
sioners. =
The order issued by the Commissioners
relative to this subject is as follows:
That the assistant corporation counsel
charged with the prosecution or cases IN
the Police Court, be instructed through the
corporation counsel to take into court. Tor
its settlement. every case brought beiore
him. except those in which upon examina-
ton Of the evidence submitted on behalf OF
the District, and without hearing the other
side, he Is satisfied that prima facie case
has not been made out, and that ne Is.
therefore, justified in entering nolle prose-
Qui.
I'm every case in which he feels obliged
to enter q nolle prosequi he shall make q
special report to the corporation counsel,
giving his reasons in detail for SO doing.
and the corporation counsel shall from time
to time report to the Commissioners on this
subject, keeping a record in his office Of all
such cases. The assistant corporation
counsel on duty at the Police Court snail
not fix collateral or reduce collateral secur-
ity deposited at police stations or else
where, or perform any other function be-
longing to the court.
Retains Former Privilege.
Those discussing the matter today con-
coded that a prosecuting attorney has the
power to nolle pros. cases brought before
him for prosecution. and it was pointed out
that the order issued by the Commissioners
does not operate to take away that power
from the prosecuting attorney. as the order
expressly excerpts those cases in which,
upon examination of the evidence submit
ted on behalf of the District, and without
hearing the other side. he is satisfied that a
prima facie case has not been made out,
and that he Is therefore justified in enter
ing a nolle prosequ.'
Attorneys discussing the matter argued
that under the Commissioners order 1t is
the duty of the prosecuting attorney to in
vestigate all cases. and to nolle pros. those
in which he Is without sufficient evidence
to make out a prima facie case
1t was pointed out that If the case on trial
before Judge Scott yesterday was improp-
erly brought before him. and should have
been "nOlle pressed" the court should have
promptly dismissed it, after hearing the
testimony for the prosecution, without re-
curing the defendant to put his witnesses
on the stand and take up the time Of the
court as
The action Of the court in hearing the de-
tense at the close OF the government testi-
mony, 1t was argued today, seemed o'indi-
cate that the testimony introduced in be-
half of the District established a prima
one which the court; and not the prosecu-
tor, should hear and determine.