Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-15
MOONEY-B|LL|NGS
TRIAL IS ASSA|LED
Wickersham Commission De-
nounces Conduct of Case
as "Shocking."
BY the Associated Press.

By the Associated Press.
The Wickersham Commission today
denounced as Shocking to ones sense
Of justice" the laws under which the
famous Mooney Billings case was con-
Quoted.
Embedded deep in formal report to
President Hoover on methods OF Grim
insl procedure, the commission cited
the case arising from the 1915 Pre-
paredness day bombing in San Fran
cisco As one in which motions for q
new trial were held inadequate to pre-
vent injustice"
1t made no direct recommendation
however, that the case be reopened.
In the body Of tts report, signed ns
10 of the IL members, the commission
concluded that blame should be laid
at the door OF incompetent, weak o.
politics.ridden Judges" for much OF the
general complaint against this country
criminal procedure.
Fitness Only Qualification.
IT, presented a plea that the public
insist upon the complete divorce OF tne
administration Of justice from pontlcs
and that the selection Of Judges ano
MAGISTRATES be made upon the sfouno
Of conspicuous fitness alone.
Monte Lemann, New orleans lawyer
Who declined to sign the commission
prohibition report, likewise refuse" y
sign this document.
He charges the report was mao
without Sufflcient research to BACK ~
the conclusions reached, adomg tn1
"yithout adequate factual inquiry, gen
ordinations by the commission seen
to me likely to serve no useful purpose.
In its comparatively brief discussion
of the murder sentences given Inoma
J. Mooney and Warren x. biinhSs 10
the San Francisco bombing. the com
mission cited the refusal OF the NAA
fornia Supreme Court TO grant q ne
trial. despite the discovery OF new eVl
dence charainr perjury on the part
| 4 material witness for the State.
Urge Adoption Of Institute Code.
II cited also the refusal Of the tria
court Of q further application oaSe'
upon 1.-The ground that the prosecuting
attorney had been guilty Of fraud II
withholding from the trial court III
formation impeaching the testimony o
certain witnesses" -
CondemninE this state OF law. TN
commission urged universal ADOPTION o
the proposed code Of the American Law
Institute. This would PROVIDE lot IN
granting of q new trial with the olScoy
cry Of evidence which might nave a.
tered the original verdict, OF upon pao ",
that the prosecuting attorney hAo oee'
guilty Of misconduct.
The commission appended IA recon-
mendations to the body OF its repor!
Among them were suggestions Ior
wider use Of administration ratne
| than arrest; q more general use .
| summons instead Of arrests" IN pett!
prosecutions; waivers Of jury trlal II
criminal cases: examinationS OF Juror
| by the court rather than the couIlsei
! and increase In the common Ia" Po"
ers Of trial judges.
Considerable space was deVoteo 10 IN
needs Of raising the standsroS o o. .n'
country's inferior courts. cnaracLeIEes
as "conspicuously the least SATISFACTORY
part of our judicial system"
Cite Suspicious Atmosphere.
The commission said: ~,
| The bad physical surroundings, TN
| confusion. the want Of decorum, the un'
! disnified. onhand disposition OF cases =
| high speed, the frequent suggestions o
something working behind the Scense
involved in casual conferences OF maE1S
trates and politician lawyers. not auoioi'
TO the public in attendance-in SNORT
the Atmosphere Of the inferior crtmina
courts-create in the minds OF observer
suspicion of the whole process Oh lAV
enforcement" .,-., ~,
The commission also criticlzeo Tn
press. asserting that the dimculty IN Cd
tanning impartial juries was ennahce'
by what often amounts to trial IN 40
vance" It added that some neWspapeS
have assumed to set forth In ao'Aile
the evidence to be adduceo: a..
In his individual report LemAhn ole
sented from this statement. as wen
one that modern business life coupled
With FREQUENT elections and numerou
i,Irv terms calls for more than the CIT
liens may reasonably be expecte
to do"
Such statements may be well iound
ed" Lemann said, but no factS DfouSa
to my attention would permit me 10 JON
In their confident assertion; -,
Members Of the commission. ply
to their departure from Wasnmgoo
after writing their last reports. oecis
TO saw whether q lengthy report oee.M,
Almost entirely with the Mooney"6ui
tnrs case would be made public.
Ore Of q committee OF three expeT,
in charge of the preparation Oh "a
unpublished document, was AeCnAElA
Chaffee, jr., professor Of law ~ hSf'"i
University. '---' -