Evening star., 1935-01-22
COURT CONSIDERS
PLEA OF z BOYS
Judge Bentley, Meanwhile,
Denies Request for
Freedom.
Continued From First Page.)

dlleRdGlOIl dBdllloI ulIOIlIplcICIlcSS Vi
hearing we are inclined to lean over
backwards. The Constitution and the
statutes contain provisions guarantee
ing a full hearing to any accused per-
son and We have never found it in
advisable, troublesome or objection
able to grant such a hearing in any
case In our office we make it a rule
to go to the utmost length to hear
anybody concerned in any case.
II may be old-faShioned again on
the subject of boys. But have taught
school, have been much in contact
with youngsters, have them in my
own family and 1 feel that 1 know
something about them. I know how
mischeivouS they can be, how much
of a nuisance to other persons, but I
look upon them as type of animal
peculiar to themselves. From the
ages of IA to 20 they work out ways
of conduct which are astounding to
those closest to them.
Ready for New Trial.
I'VE would be happy to participate
in new trial for these boys if your
honor cares to grant it.
Il am not prepared this morning
to argue the technical points of the
motion, they are all within the sole
knowledge of the court"
In his plea for granting of his mo-
tion Cusick reviewed the IL grounds
cited in the motion, celebrating some
what upon each.
ANY one of these grounds is suffic-
lent cause to set aside the verdict and
give these boys their day in court. -
he declared. They come from good
families, have good homes and offer no
problem in these homes. The DISPOSE
ton of their case at this time may
shape their entire lives"
At this point, Cusick offered to
read a letter from a school official
in commendation of the Tanning
youngster but his attempt was ruled
out by Judge Bentley on the grounds
that she could offer comparable let
ters from school officials and that
they were more properly in the nature
of evidence.
After saying she would take the
motion under Amusement, Judge
Bentley called for the next case on
the juvenile docket.
Bail Denied.
CuSick interrupted. however. to ask
II the children might be released in
custody OF their parents or released
under bond. Upon the courts decla-
ration that such action would not be
necessary since her decision would be
given soon, the attorney asked if she
would officially deny the youngsters
to bail. The judge did this.
Asked If she expected TO make her
decision today. Judge Bentley said
she could not tell.
Parents and friends of the bows
attended the hearing. Mrs. Tanning
sitting at her husbands side during
arguments on the motion. During
most of the hearing. she kept her face
partly shielded by one hand. She
was crying slightly.
Upon completion of the hearing
Cusick said he is planning a further
review OF the legal technicaIities of
the case with view to filing writS
OF habeaS corpus in the District Su-
preme Court.
Meanwhile, controversy over the
case continued. Last night the Mon
day Evening Club brought it up for
discussion, finally going on record as
having confidence in Judge Bentley
unless further facts be disclosed
which might alter its opinion" Roy
H. Everett, secretary of the club. in
troduced the resolution in Judge
Bentleys favor, remarking as he did
so upon the practice of publicity
lynching."
Among the Capitol Hill develop
ments yesterday was an announce
ment by Representative Jennings
Randolph, Democrat. of West Viz
ginia. chairman of a House subcom-
mlttee investigating crime conditions
IN the District. that Judge Bentley
will be among those called before the
committee.
When she is, he continued. she will
De asked to explain the Tanning Penn
decision along with some others which
he did not name.
In other quarters, controversy arose
over the alternatives before the court
at the time the boys were brought up
last week. Study of the Juvenile Court
law for the District shows several
choices.
Section Authorizes Choice.
For instance, section 255 authorizes
the Juvenile Court "to defer sentence
at It's discretion in the case of any
juvenile offender under the age OF II
years and parole such a child under
the care of the chief probation officer
for probationary period discretionary
with him, who shall cause said child
to return to court at the end of such
term either for sentence or dismissal" :"
Section 258 gives a further range of
choices of disposition. stating that the
court may hear, try and determine
all cases Of persons less than II years
OF age charged with habitual truancy
from school and in its discretion to
commit them to the Board of Public
Welfare, who are hereby given the
care and supervision thereof when so
committed. No person under II years
OF age shall be placed in any institu-
tion supported wholly or in part at
the public expense until the fact of
delinquency or dependency has been
first aScertained and declared by the
said Juvenile Court. All children of
the class liable to be committed to the
National Training School for Boys and
the National Training School for Girls
shall be committed by the Juvenile
Court to said schools, respectively.
"All children delinquent, neglected
or dependent with the exceptions
hereinbefore stated shall be commit
ted by the Juvenile Court to the care
of the Board of Public Welfare, either
for a limited period on probation or
during minority as circumstances may
require"