Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-17
Proctor, Expunging It From
Records, Says Practice
Should BE Stopped.
PANELS URGED TO INDICT
OR DISMISS CHARGES
Police Investigation Will Be Con.
tinued by Special Committee
of Lawyers.

Holding that the July grand jury had
exceeded its authority, Justice James
M. Pro tor in Criminal Division
today eXpunged from the records of
the District Supreme Court the special
report Of the jury requesting the re-
storaticl to duty of Policeman Orville
Staples, who. they charged, had been
framed" by perjured testimony by po-
lice officials and presented to the trial
board which ousted him.
Justice Proctor in his opinion, hold
ing the report illegal. suggested that
the practice, grown up in recent years,
should be stopped and the grand jury
should not come to regard itself as
the general regulators Of the public
welfare" They should either indict or
ignore a matter referred to them, the
court held, and should not make
charges, like in this instance which
place the persons named, or easily
identified, in a position worse than II
indicted. since they have no opportunity
10 answer the allegations.
Lawyers Probe to Continue.
~The action on the report will have no
effect in the investigation being made
of the grand jury's charges against the
Police Department by the special COM
mittee OF lawyers appointed by the
Commissioners. II was announced by
Cooperation Counsel William w. Bride.
The Commissioners have taken the
position Mr. Bride pointed out that r-
respective OF the courts decision the
charges of the grand jury and the
evidence on which they were based still
remain and therefore deserve complete
investigation.
The committee Of lawyers is now
winding up the inquiry and expects 70
submit its findings TO the Commission
ers by the middle Of next week.
Asked Dismissal of Hunt.
of Policeman Joseph H Hunt. who was
charged with aiding Frederick A.
Schenck former policeman, in OBJ
tanning the removal of Staples. United
States Attorney Rover and one of his
assistants were exonerated by the same
report of charges and innuendoes that
they had accepted money to release q
seized automobile and also declared the
police department to be free of graft.
Motions to expunge the report were
made by Attorney Henry I. Quinn, rep
resenting Inspector Louis J. StoH. who
investigated the Staples case and pre-
sented the evidence to the trial board,
and by Attorney Albert w. jacobson,
for Policeman Hunt. whose dismissal
was recommended They cited deci-
sions of the Court of Appeals of Mary
land and of the District Court OF APP
peals. holding that such reports were
beyond the power of a grand jury and
should be eXpunged from the records.
United States Attorney Leo A. Rover
admitted the force of the decisions but
urged on Justice Proctor that the por-
tions of the report generating his
Office and clearing the Police Depart
ment of graft and corruption charges
should be retained. Rover remarked
facetiously that this was the first time
he had been publicly commended and
he did not want to lose the value OF 1t.
Entirely Beyond Its Scope.
1T seems to me-" said Justice Proctor,
that the grand jury was acting en-
tirely beyond the scope Of its functions
in making this report. There Is no
statute in this district which broadenS
the functions of the grand jury. The
decisions referred to hardly give room
for the claim Of the district attorney
that the court may exercise discretion.
II assume the motives of the grand
july NSIC SOOu dllu 4l1NC l4O 4l6AlI W
consider what action may now be taken
by public officials. They have a copy
of the report and can treat it as they
please. I should not be governed by
those considerations
1T is far better in the public interest
that the grand jury confine its actions
within the limits of its legal functions
Although it eXonerateS the district at
torney and members of his Office of
charges or ir7uendoes, if the grand jury
has the rig , step out of the line of
sts duty AM .,ablicly declare something
favorable to an official or citizen, il
would have the right to condemn such
official or person. The report makes
serious charges against Inspector Stoll,
who, although not named, is easily
identified as preparing the Staples case.
The men named are in worse condition
than if they had been indicted. as they
have no means OF making a defense to
the charges"
Rover had called the attention of the
court to the fact that the District Com
miSsioners on receipt Of a copy Of the
grand jury's report from the clerk of
the District Supreme Court had taken
steps to carry out its recommendations
He called attention to the selection of
a committee of prominent lawyers to
advise on the legal features and the
designation of civilian trial board in
the event that the lawyers should rec
ommend a retrial of the Staples case.
i'll & INFORMS MFXIc0