Evening star., 1935-05-01
Of Hon. Judge Gus A. schudt, pesid-

Of Hon. Judge Gus A. Schudt, pesid-
ing Judge Of the Police Court:
I'VE are the only court In the Dis
trict of Columbia having jury service
of only two weeks, while all the other
courts have a month, and that causes
great deal Of trouble and incon-
venience to impanel these juries on the
first and fifteenth Or each month. It
requires several hours to impanel these
j,lries and eliminate those excused,
ct cetera. I think by all means We
ought to have al least q month, like
the other courts. Is. T. p. 1809-i0.)"
20. Does not know whether or not
defendant has the right to testify at
preliminary hearings
@. But, Mr.. Garnett, The defendant
does not testify in the Police Court,
does hep I'm preliminary hearings.)
Mr.. Garnett-He does II he wants
to. -
@. He does not have the right.
Mr.. Garnett-I thought they I'D in
those cases. In my practice back in
Virginia, where we prosecuted c&ses,
they had q right to testify II they
wanted to.
@. Isn't 1t a fact that the defendant
in the Police Court does not have a
right to testify?
Mr.. Garnett-That may be true. ]
do not know what the practice is. Is.
T., p. 402.)
Preliminary hearings Of those
brought into Police Court on felony
charges are conducted by judgey sit
ting as a committing magistrate. If a
prima facie case is made out, the Judge
holds the prisoner for the action Of
the grand jury; otherwise he is dis
missed. At these preliminary hear
ings, the defendant does not have the
right to be heard, but very infrequent-
ly may, in the discretion of the court,
be accorded this privilege. The rea-
son for this is quite obviously that
the hearing is not to determine guilt
or innocence and that, consequently
the defendant has no right to offer
evidence as to his innocence.
Testimony on Incompetency.
%. Garnett and KindIeberger found
incompetent.-The foregoing detailed
testimony Of Mr.. Garnett, contrasted
with the inserted facts, proves beyond
peradventure that the United States
attorney for the District of Columbia
is not only incompetent, but that he
Is indifferent to the responsibilities Of
his Office.
With such person in charge Of
the prosecution of criminal cases in
Washington, it Is not possible to af-
ford the people of this city the pro-
lection against crime for which they
pay and to which they are by right
entitled.
The subcommittee wishes at this
point to emphatically reiterate its
opinion that Mr.. Garnett should be
removed without delay, and that a
competent official should be ap-
pointed to succeed him.
There are undoubtedly many faults
which should be speedily corrected in
the administration of the various de-
partments of the United States at
torney's Office. 1t is the opinion Of
the subcommittee that the assistant
United States attorney in charge of
Police Court, Mr.. Karl w. Kindle-
berger, is totally unfit for the Office
he now holds, and that he should
be Immediately removed. 1t is not
deemed necessary to go into the de-
tailed testimony of Mr.. Kindleberger.
1t was este blished to the entire salts
faction of the subcommittee, through
his testimony and that of other wit
nesses, that Mr.. Kindleberger is
hampered in the proper discharge Of
his duties and that he does not COM
mand the confidence and respect of
the community.
1t is believed that successor to the
present United States attorney. would,
upon assuming Office. reorganize the
staff and rid the Office of any who
may be unfit to continue.
"a. Report should be transmitted to
the Attorney General.-In behalf of
the people Of the District of Colum-
bia, this report should be officially
transmitted to the Attorney General
of the United States.