Evening star., 1935-05-03
GARRETT DENIES
REPORTS CHARGES.
Of INCOMPETENCE.
Official Court Records Cited
in Formal Letter to
Committee.
WILLING TO BE JUDGED
BY COURT OR LAWYERS
q. S. Attorney Says Findings Not
Based on Facts or Statistics.
Admits Some Claims.

Basing his case on official court rec
ords, United States Attorney Leslie c.
Garnett today formally denied charges
of incompetency brought against him
in the report of the House subcom-
mittee assigned to investigate crime
in the District.
His denial of accusations was con-
tanned in a letter to Representative
Mary T. Norton, chairman OF the
House District Committee, which has
withheld approval of the subcommit-
tees report pending a study Of the
transcript of the testimony.
Garnett took up each accusation
In the subcommittee report, baSlng
his reply to those that were factual
in nature on the record of his Office.
In denying that he has been lax
In the prosecution of criminals, Gar
nett cited the testimony of Chief JUS
tice Alfred A. Wheat of the District
Supreme Court, which was not men,
toned in the subcommittee in its re-
port. Chief Justice Wheat pointed
out that of more than l,400 indict-
ments returned in the last fiscal year,
only 81 cases we're awaiting trial when
the court recessed in June.
In other respects, Garnett admitted
charges set forth in the report, but
asserted they had no bearing on his
qualifications as United States attor-
ney.
His letter concluded with the asser-
ton that he is willing to submit his
case to "the considered opinion of the
justices of the Supreme Court and
Court of Appeals of the District of
tically every reputable lawyer in the
District"
Text OF Letter.
Hon Mary T. Norton,
Chairman, District of Columbia Com
mittee,
House of Representatives,
Washington, D. c.
My Dear Mrs. Norton:
I am taking the liberty of writing
you, as chairman of the District of
Columbia Committee of the House of
Representatives, and of placing before
you, with the request that they be
placed before the full committee, the
facts and statistics in complete refu-
tation of the baseless charges against
me and my assistant, Mr.. Karl Kindle-
berger, as contained in the report of
the Subcommittee on Crime, released
by the subcommittee. This statement
is in contradistinction to the report of
the subcommittee, which was not
based on facts and statistics.
The statements of Mr.. James G.
Yaden par. 4; P. 20).
Mr.. Yaden states that one OF the
greatest drawbacks to an effective en-
forcement of the criminal laws of the
District of Columbia is the long de-
lay in bringing those accused of crime
to trial, and that he places RESPONSE
bility for delays on the prosecuting
officials
Mr.. Yaden's assumption that prose-
cutingsofficials are responsible for the
delays in trials is refuted by the facts.
The only case vouched by him as
having been unduly delayed during
my term of Office is the Buccolo case,
where Mrs. Buccolo had killed her
husband and was prosecuted for
murder. It is worthy of note that Mr..
Yaden is friend of Mrs. Buccolo,
was a witness for her and attested
her high character. and the delays
were all sought and obtained by her
solely on account of the protracted
illness Of her counsel.
The district attorneys Office is
answerable for the expeditions handling
of felony cases only after the de-
PENDANTS are apprehended and brought
before the Commissioner, the Police
Court or the Supreme Court of the
District. The grand jury sits every
day in the year except Saturdays,
Sundays and holidays If a defendant
is held for the grand jury either by
the Commissioner or the Police
Court, the witnesses are Immediately
brought to the grand jury room and
are heard by that body. Indictments
are returned weekly. The defendant
is then arraigned before the Supreme
Court, where his motions and pleas
must be heard before a trial can be
had. In the vast majority of cases
the defendants are brought to trial
within three weeks from the date of
the indictment. The subcommittee
ignored this record as presented by
Mr.. Chief Justice Wheat of the Su-
preme Court of the District of Co.
lumbia, who also testified that at the
conclusion of business on June 80,
1884. when the court adjourned for
the Summer recess, there were only
10 defendants in Jail awaiting trial
and only 81 cases where the de-
PENDANTS were at large on bail await
ing trial. I confidently meet the un-
considered evidence of Mr. Yaden with
the considered. official testimony of
the Chief Justice of the Supreme
Court of the District of Columbia.
When it is considered that the grand
jury returns on an average of 120
indictments s month, the fact that
only 81 cases were pending untried
conclusively shows that the business
Of the district attorneys Office was
current, and utterly refutes any charge