The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-07-20
A D Y { RISE
RULING IS
IGNORED
Police Court Not Bound by De-
cision of District Supreme
Bench.


which have been referred to the
District Supreme Court for trial
will be affected by the decision OF
Justice Jennings Bailey, Assistant
United States Attorney David A.
Hart, in charge of the prosecution
on such cases in Police Court,
stated today.
Not Bound by Rulings.
He pointed out that Police Court
judges were not bound by rulings
of. the District Supreme bench and
that the fifteen which he has in his
office will be taken into court re-
CARELESS of the order.
Justice Bailey, in the cases OF
John B. Keleher and Claude l..
Burrows, arraigned before him yes
terday on charges of making a
handbook on the races, held that
were arrested should have been
made out under the espionage act
Of 1917 and not according to the
District code provision.
Judges of Police Court" said
Hart. ARE governed only by de-
cisions OF the Court Of Appeals and
, because Justice Bailey is in a higher
court does not mean that police
judges should follow his precedent"
Attorney T. Wampler, represent
ing the two men, claimed that
search warrants utilized when
Keleher's apartment at 1885
street northwest was raided May
last were faulty, in that they
| were in accord with the aforemen.
toned section of the code when
they should have been issued under
| the espionage act of June 10, 1917.
Justice Bailey upheld the conten.
ton and decreed that evidence be
given hack to the defendants be.
fore the grand jury was afforded
an opportunity of looking at it,
| The return of the seized property
means the ending of the cases
| against Keleher and Burrows, as
the prosecution is left without ex-
hilnits.
The far.reaching effects of the
| decision may be gagged from the
fact that at present ten men are
! serving time in Occoquan for max
| ing handbooks. all of whom were
| indicted on evidence obtained through
| the use OF search warrants Identical
with the one held illegal in the
Keleher case. 1t is not at all un-
likely that those doing time will
take steps through legal repre-
sentatives to have their sentences
set aside.
Marked Money Taken.
The raid on the Keleher suite
was led by Capt. E. w. Brown,
Of the First precinct. It was
charged that a score Of telephone
| operators were found busy taking
horse race bets, and the police car.
ried away a basketful Of slips
claimed to bear the names OF
horses and amounts of bets placed
| on them. A large sum of money
also was taken. Burrows, alleged
! to have been in Keleher's establish
ment, had $40 in marked bills upon
his person, the police declare A
| separate case was made out against
| him.
| Under criminal procedure, article
Gil of the code declares:
Upon complaint under oath he
fore the police court or a justice OF
the peace setting forth that the
affiant believes and has good cause
TO believe that there are concealed
in any house or place articles stolen
taken by robbers. embezzled or OBJ
tanned by false pretense or forged
or counterfeited coin, stamps, labels
bank bills or other instruments OF
dies. plates, stamps or brands for
making the same, books or printed
papers, drawings, engravings, photo
graphs or pictures Of an indecent or
| obscene character or instruments
| for immoral use or any gamma
table, device or apparatus kept for
the purpose of unlawfully gamma
or any lottery tickets or lottery
policies, particularly describing the
house or place to be searched, the
things to be seized, substantially
alleging the offense in relation
thereto and describing the person
to be seized, the said court or ius
tice may issue a warrant to the
marshal or any officer of the police
comma nding him to search suct
house or place for the property q,
other thing and, If found, to hrine
the same, together with the persoT
I 10 be seized, before the police
court"
Road Wants to Issue S+ock