Evening star., 1935-01-21
MOTION IS FILED
TO FREE Z BOYS
Judge Bentley Contends Evil
dence Forced Terms in
Auto Theft Case.

Citing u grounds for his action,
Attorney Ralph A. Cusick this morn
ing filed in Juvenile Court a motion to
vacate and set aside Judgment of the
court in the cases of William Fre1-
erick Tanning and Arthur Thurston
Penn. The boys we're committed Sat
urday to National Training School for
Boys during their minority on charges
of stealing an automobile. They are
each Is years old.
A hearing on his motion will be held
tomorrow morning In the event it
is disallowed, Cusick said he would
appeal to the District Supreme Court
for writs of habeas corpus under
which the boys might be freed.
Cusick's argument in favor Of the
motion includes:
/. That the defendants, of imma-
ture years and understanding, we're
not advised as to their constitutional
rights.
2. That the defendants we're not
advised as to their right of having
counsel.
8. That the defendants we're not
arraigned.
Claims Charge Not Read.
4. That the defendants did not
have the offense with which they were
charged read to them.
5. That no trial was had.
6. That no offense or case was
proved, or attempted to be proved
against them and they were not ad-
vised that they were entitled to such
procedure.
2. That no opportunity was given
to the defendants or their parents to
be heard.
8. That no opportunity was given
to the defendants or their parents to
be heard before sentence was pro-
nounced
g. That the defendants we're de-
prived of their rights to which they
we're entitled under the code of laws
for the District of Columbia, title 1s,
page IT'S. section 262.
10. That the docket fails to show
an entry that trial was had.
II. That the defendants, if guilty
of any offense, were guilty of felony
and not as charged in the informa-
tion.
IL. For the reasons apparent from
the facts set forth in the attached
affidavit.
Upon filing his motion with Assist
ant Corporation Counsel Mae Helm
Cusick conferred at some length with
Miss Helm and Corporation Counsel
E. Barrett Prettyman. No statement
was issued following their conference.
Complaints against Judge Bentley's
decision in the case will be laid before
the special Crime Investigation Com
mittee. of which Representative Jen-
nings Randolph of West Virginia &
chairman, in an executive session TO-
night.
Chairman Randolph said today that
he and other members of the COM
mittee of seven have received re-
peated complaints which will be con-
sidered at this evenings session.
He said that he is not prepared Off
hand to discuss the merits of the case,
but believes that complaints when
LII SOOo 1dllll ny OlIlGCIl0 vi lAlC
District to members of the District
Committee in their capacity as legis-
latorS for the local government should
be given serious consideration and at
tention.
Fish Plans Study.
Representative Hamilton Fish. Re-
publican, of New York, said today that
an impartial study should be made of
the charges in the case and that if
the facts were borne out, he would
offer a resolution in the House to re-
move Judge Bentley from Office. Other
members of the House believe, how
ever, that Judge Bentley should not
be condemned until an opportunity
had been afforded for finding out how
much more there may be in the case
than has been disclosed. For this
reason they are ready to support a
careful study by proper subcom-
mittee of Committee of the House.
Mrs. Roosevelt, at her conference
with newspaper women today, was
asked to comment on the case. She
said:
II have enough confidence in Judge
Bentley to feel she would not have
committed the children if she felt
their parents were able to deal with
them"
Meanwhile, Judge Fay Bentley, who
committed the boys, explained her
action by saying "the only service
this court could perform for those
boys was to give them the training
opportunity of thc National School. I
was we'll acquainted with the facts of
this particula- case and the back
ground Of the boys. Evidence was
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