Evening star., 1928-02-10
bE||ESU.;S. BLAME
FOR COURT DELAYS
Given Says Responsibility
Lies With Police and
Tribunals.

DELAYS ir prosecution Of eases II
Police Court rest With the police anC
the court, and not With the unlteC
States attorneys, Assistant United
States Attorney Ralph Given declared
before Judge John r. McMahon in Po-
aice Cour this morning.
The statement was made in answer
TO recent criticisms charging that TO-
lice Court officials allow cases, partcu-
larly where gambling otfenSes are m
volved. to be delayed until evidence mas
6isappearcd and then drop them en-
tirelv, or allow collateral to be poSteo
and III many cases forfeited.
Mr.. Giyen'S remarks took place at the
presentation for trial on a case IL when
two officers Of the third precinct had
entered a house other than the one lot
which the warrant called and arrested
four persons for nisder1eanor. while
the warrant was for another man ac-
cused Of committing felony.
Have No Warrant.
This morning Officers r. Mcneil and
e. A. Ezel Of the third precinct, with
warrant fer the arrest OF Ollie Allen
coiored, supposed 10 be living at 2o21
Greens court, entered the house OF Al
lens sister at 2Il5 Stevens court
warrant and arrested two couples for
statutory ofTcnses.
In the past. Mr.. Given asserted, Of
ficers have obtained warrants and then
used them for purposes other than those
for which they were issued. and the
United States attorneys Office has been
lenient with this practice in the interest
OF suppressing crime. The police also
make arrests without warrants. he said
where warrants are essential. It is such
cases as these that hamper the prose
cutors and form basis for such ad-
verse criticism as that TO which they
have been subjected.
In the future. he declared, no war
rant viii be issued unless the policeman
presents a prirna facle case.
As the case in question arose. Mr.
Given addressed the Judge, saying: i
am about TO present a case to the court
involving the right of an officer 10
make an arrest,
Editorial Cited.
'The Evening Star, In an editorial
yesterday. sought 70 place the blame
on a failure to prosecute persons ar
rested and charged with different Of
fenses TO the negligence of the court
and prosecutor in continuing them to
such tine as witnesses may die or evi-
dence become lost. I believe 1t 10 be
my duty. IN fairness to the court as
well as 10 myself, TO state that the
United States attorney always has stood
ready 10 help and assist the police In
suppression Of crime
AS the issue has now been raised, 1t
ts my purpose TO present all the facts
In this case and ask for the courts rul-
ing as TO where an officer entered the
house of another person other than the
defendant, charging them with commit
ting an ofEense punishable by punish
ment in the penitentiary. was justified in
searching and going into the private
rooms Of other persons and making ar
rest for minor ofTenses Possibly have
been q little ienient and possibly have
reached little too far in my efforts
to help the police in suppressing crime,
but as now this court as well as myself
Is called 10 strict account TO maintain
these prosecutions, feel that we should
adhere strictly TO the courts ruling in
this matter 70 carry lis In our future ac-
tons. Il is my purpose not to issue