Evening star., 1935-01-23
TWO BOYS FREED
BY JUDGE BENTLEY
Judgment Set Aside on Al
-Ieqed Theft-Guilt Pleas
Can Be Denied.
fcontinued From First Page.)

been made when the boys were be-
fore the court last Friday, Judge
Bentley allowed withdrawal OF these
pleas.
Following the session, Mr.. CuSick
said he was not decided what action
he would take. He admitted, how
ever. that he is thinking seriously
of filing a plea to have the case re-
moved from the Juvenile Court on
the grounds that the alleged offense
is a felony and thus beyond jurisdic-
ton of the court. As a felony, he
pointed out, the offenSe becomes one
for grand jury consideration where
the chances of indictment of the
youngsters might be considered slight.
The point that the alleged offense
Is a felony was one of the IL grounds
cited by Cusick in his motion granted
by the judge today. Terming as
felonies offenses for which the SEN
tence may be more than a year and
a day. unauthorized use of vehicles
as charged against the Tanning and
Penn boys would be brought within
the felony class by the District code
Section 50 of the code provides for
maximum Imprisonment of five years
and or fine of $1,000 for such thefts.
May Ask Jury Trial.
AS an alternative Mr. Cusick may
file plea of not guilty with the
Juvenile Court and request a jury
trial for the boys.
Immediately upon announcement of
the judges decision this morning,
parents OF the boys made plans to re-
turn them to their homes. Within a
few minutes of telephone CONVEX
sation with Col. Jones, head of the
Training School, Mr.. Tanning left for
the institution. He carried with him
a release for the youngsters prepared
by the clerk of the court. With him
also were complete clothing outfits
for the boys so they would not have
to appear in the garb furnished each
Inmate by the school,
Meanwhile, discussion of the case
continued on Capitol Hill Senator
Copeland, Democrat, of New York and
member of the Senate District Com
mittee, yesterday defended the jurist
against criticism which he termed
unjust and unfair"
The New York Senator admitted
that reports on the case had dis
turbed him at first, also, but said
that he had been told by Father
John O'Grady, social worker, that
conclusions that injustice had been
done were too hasty. Senator Cope
land also stressed the fact that the
boys would be eligible for parole after
ID months at the institution.
Says Law May Be Defective.
Although he believed Judge Bent
ley acted wholly in accordance with
her duty" the Senator suggested that
the Juvenile Court law itself may be
defective. This point resulted later
in a request by Senator King, Demo-
crat, of Utah that Corporation Coun-
sci Prettyman prepare memorandum
showing the scope of the present law.
When Senator McCarran, Demo-
crat, Of Nevada, entered the discus
sion, the exchange of views turned to
a general discussion of the effective
ness of parole systems throughout the
country, with Senator Copeland TAX
ing the view that society is failing in
that field because of inadequate ap-
preparations for adequate follow-up
work.
Prettyman explained to the COM
mittee his action of assuring the court
yesterday that he had no objection to
the granting of Attorney Cusick's mo-
ton. In answer to a question by
Senator Copeland he said he was not
criticizng Judge Bentley and that he
believed the law had been carried out
except possibly as to the complete
ness of the hearing" Senator Cope
land remarked that objection might
have been raised at the time by the
assistant corporation counsel.
Juvenile Procedure Questioned.
The Juvenile Court discussion began
when Chairman King, without re-
ferring to any particular case, asked
the corporation counsel whether trivial
cases involving children are being ad-
justed without establishing a court
record.
King said he had been told the pres
ent Judge abrogated plan followed
by her predecessor of settling small
cases, like the breaking of windows,
without a formal hearing and the
cSGdUIlSLlIuCIlI VI COuIG ICCOIu.
Prettyman said there is a record
kept of every matter that goes before
the court, but that it is the practice
of the assistant corporation counsel
to hold preliminary hearings first and
that whenever possible all minor COM
plants are settled that way.
Senator Copeland suggested that
Prettyman's statement indicated there
has not been any change in the
method of procedure on these small
cases, and Prettyman added that he
presumed his instructions were being
carried out.
The corporation counsel told the
committee draft is being prepared of
q bill to revise procedure in the
Juvenile Court, the details of which
have not been completed. Senator
King asked Prettynan to submit a
memorandum showing the scope Of
the present Juvenile Court law.