Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-22
The Mcpherson Case.

The case OF the people against HoDeTt
A. Mcpherson, jr., has collapsed. Nc
Pherson is out of Jail, free man.
The natural impulse of the community
Is TO congratulate him and to comfort
him with the assurance that all is well
that ends we'll and that the slate has
been wiped clean. But that gesture
would be comparable to pushing a man
into a river, suffering him to undergo
the hazards of drowning and then pull
ing him out and congratulating him
upon his escape.
Before congratulating Mcpherson these
things should be borne in mind: He
has spent a month and twenty-one days
in Jail. His name has been dragged
through the muck and banded about
on every gossiping tongue. He has suf-
fered the mental anguish Of being
crime in addition to being faced with
the cold and relentless proposition that
his life was hanging in the balance.
Can We congratulate Mcpherson? We
can offer him sympathy and help. But
1t is more seemly that we congratulate
ourselves. AS a community we have
been perilously close to the brink. More
than one community has crucif1ed an
innocent man. But we have not taken
the, fatal step. AS a community we
have been shown the fearful conse-
quences that lie ahead when reason
succumbs to irresponsible and careless
impulse. As community We have seen
respected men dragged down, vilif1ed
and slandered by unfounded accusa-
tions, merely because vilification and
Islander were the mood of the moment.
But time is healing and there is time
10 correct these wrongs. No irretrievable
step has been taken and there have
been opportunities for disastrous steps
on every hand. There is cause for self
congratulation.
AS to Mcpherson, he is the innocent
victim Of flaw in our legal machinery
that apparently cannot be corrected.
The grand jury that indicted him can
not. be blamed for its action. It acted
sincerely. 1t was presumably convinced
that the shadow Of suspicion rested on
MCPHERSON. and its duty under the
law was to hold him for trial as long
as that shadow, thrown by circum-
stances over which 1t had no power, re-
manned. The flaw in our legal processes
lies in the fact that an innocent man
can be indicted, charged with crime and
thrown into Jail merely upon suspicion;
that he may lie in jail indefinitely
awaiting that speedy and public trial"
promised him in the Bill of Rights, and
that when, as in the case of McPher-
son, he is exonerated and it is found
that mistake was made, he can expect
nothing but intangible sympathy as
compensation for the wrong that has
been done.
But other men have been indicted.
along with Mcpherson, before the bar
OF public opinion. The case against Nc
Pherson has been sifted. perhaps more
thoroughly than any case in the history
OF this city, and it has been found to
have consisted solely of theory, circum-
stance and series of events that,
weighed separately, had no substance.
It has melted and dissolved and Nc
Pherson is free.
What Of the case against the men
who, with Mcpherson, suffered public
condemnation and were adjudged guilty
without trial?
The question whether Mrs. Nc
PherSon was murdered or whether she
killed herself has not been specifically
answered The clearing of Mcpherson
points to suicide, but there remain con-
lecture and doubt. If it was suicide, did
the Detective Bureau, through Inspector
Shelby and Lieut. Kelly, mishandle or
"bungle" the case? Did the United
States attorneys Office "bungle" the
case? Does there exist any evidence 70
disprove suicide?
The Department Of Justice, in the
light of its investigation, should know.
1t should make available to public view
its findings and the evidence to support
them in order that Shelby and Kelly
may have that fair and full trial to
which they are entitled. The case
against them rests on theory. 1t must
be settled on fact.
To Mr.. Laskey and his able associates
at the Department of Justice, this COM
munity is indebted for their thorough
and painstaking inquiry. To agree with
the insinuations Of improper conduct on
their part in presenting the case tc
the grand jury is to argue that the duty
OF public prosecutor is to conceal and
withhold evidence for the purpose OIL
with the result of bringing about mis-.
carriage of justice. Right-thinkine
citizens will not so argue.