The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-08-02
WON'T ABUSE POWER
OF mol PROS" RULE
A. Leftwich Sinclair, Acting as Prosecuting
Attorney, Announces He Will Not
Try Cases in His Office.

Assistant Corporation Counsel a. Left
wich Sinclair. who is acting as prose-
cutting attorney in the District branch
OF the Police Court in the absence OF the
regular prosecutor. has put the stamp
of his disapproval upon the practice of
trying cases in the Office Of the prose
cutting attorney, instead Of before the
court.
The Assistant Corporation Counsel an
nounced yesterday that while he is In
charge Of prosecutions in the Police
Court, all cases wherein ne has evidence
which he considers sufficient to establish
a prima facie case against the persons
under arrest. VIII be taken into court
and prosecuted before the judge.
Time-Honored Custom.
Heretofore, It seems, a large percent
age Of police court cases have been dis
posed OF in the prosecuting attorney s
Office. II has been customary for the
prosecutor to hear the evidence against
the defendants, when requested by them
or their attorneys, and TO allow them
to put up a certain amount of collateral.
or 10 reduce the collateral deposited at
the police station houses. with the IN
QEESLdNu4uB llteAA AAAN 49, @~.+~ :
would forfeit the money instead OF
going into court and standing triaI-
Mr. Sinclair holds that there Is no
authority of law for this practice' anu anu
that 1t is improper. In conVeTsattSI T.tr =
stated that, In his opinion, prosecuting
attorney in settling cases out or court.
In the manner pointed out, simply usurps
the functions OF the police court judge.
Mullowny Has Other Views.
Alexander r. Mullowny, prosecuting
attorney in the United States branch OF
the Police Court. thinks the prosecutor
ought 10 be allowed the full use of his
discretion as 20 when to prosecute or
not prosecute.
1T is ridiculous" he said to Times
reporter, ITO take the position that the
prosecuting attorney cannot say whom a
case shall be dropped. Why. may / ask.
IS the nolle pros power given the prose
cutor II 1t was not intended that he
should be competent to see when there
was mo case" against a man?
"If the people are not satisned win
the prosecuting attorneys, IRE the'n-
fire them right out Of office. AS Tar as
I am concerned. nothing could convince
me that II Is my duty TO go into court
and attempt TO make out case hnd
secure a conviction against man whom
I know 10 be innocent I would resign
my position first.
Prosecuting Attorneys Business.
THE law regards the prosecutor as
the one to say when there is ground
for a prosecution. Somebody has to do
IL. and who better than the prosecuting
attorney? II would be a wild policy
10 take into court every man against
whom charges are preferred. In this
way damaging records would be fixed
against people who are often innocent
and who are arrested for things they
have not done. 1t would be detrimental
to all concerned.
There is no miscarriage OF justice ia
the plan. People can have cases reopeneo
when they choose"
When Mr.. Sinclair's attitude became
! known among attorneys IL evoked gen
eral comment. p. J. Ryan, a member OF
the bar, whose practice has occasionally
taken him into the Police Court. voiced
| the sentiment In favor of Mr.. Pugh :
practices In the following terms:
The custom of hearing certain cases
| briefly In the office Of the prosecuting