Evening star., 1935-05-01

ing trial in these 80 indictments, are
they under bond?
Mr.. Garnett-Yes.
@. What In their activity at the
present time2
Mr.. Garnett-Well, some Of them
may be gambling at the present time.
I expect they are; we have not caught
them.
@. Then what is it-if they may be
gambling, what Is the strategic value
of not trying to convict them?
Mr.. Garnett-Well, we may catch
them again, and we may catch them
again where we have better evidence.
Is. T. p. 327)
IA. Untried gambling cases as much
as one year old.-In memorandum
submitted to the subcommittee by
Mr.. Garnett, under date Of February
10, 1885, indictments in some OF the
gambling cases then still pending
were dated as follows:
March l, 1884; April 18, 1884;
May 8, 1894; July 2, 1894; August l,
1894: August IS, 1894; August 81,
1894; October l., 1884; November IA,
1884; December z, 1884; December IA,
1884; December %, 1884.
Such unreasonable delay between
indictment and trial will not break
up commercialized gambling.
\ X
18. Has prosecuted only two cases;
lost both
Mr.. Garnett-s The number Of
cases commenced during the fiscal
year was 1924, the number terminated
was 1,166, verdicts Of guilty, 106;
pleas Of guilty, 755; acquittals, 40;
dismissed on motion, 4; nolled, 1872.
That is the fiscal year -.
@. In these criminal cases which
We have just listed, in what percent
age or what number, Mr.. Garnett. did
you take an active part yourself?
Mr.. Garnett-Only two criminal
cases since have been in the office
@. What was the disposition of
those two cases?
Mr.. Garnett-They were both ac-
quilted -. Is. T. p. 342, 343).
10. Entirely ignorant of Police
Court activities Of his own Office
Mr. Garnett-Frankly. I do not go
into Police Court at all. I am not ia
miliar with the method of doing busi-
ness especially -.
@. Do your assistants keep a record
Of all warrant applications?
Mr.. Garnett-I assume they dol
have never been in my assistants Of
flee (in the Police Court but once
since have been district attorney -
Is. T. p. 351, 352).
Police Court Situation.
Mr.. Garnett does not go into Police
Court at all, although, according to
a written memorandum submitted by
Judge Schuldt, presiding judge of the
Police Court, during the calendar year
of 1884, there were 9,374 United
States cases docketed in the Police
Court, and all Of these cases were
handled by Mr.. Garnett's Office Is. T.
p. 8l2).
20. Bank cases unduly delayed
From a memorandum dated Febru-
ary 18, 1885, submitted at page 1853
Of the stenographic transcript, by
Mr.. Garnett, it appears that the fol-
lowing cases arising out of bank trans
actions were still pending as of that
date:
Robert H. Speich and Frank r.
Clayton-Charge: EmbezZlement and
grand larceny; indicted June %, 1888.
Case has been at issue since Sep
tember 26, 1888.
John Cooke Grayson-Charge: Vio-
lation of section 81 of the penal code;
indicted June %, 1888.
A demurrer was overruled on No
vember 26, 1884. The defendant has
not been arraigned.
David P. Smith-Charge Violation
of section 81 of the penal code; in
dicted June %, 1888.
Case was at issue July Il, 1898.
Alexander M. Mcneil and Benedict
M. McNeil-Charge: Violation of sec
ton 81 of the penal code; indicted
June %, 1888.
The first named defendant has died.
A demurrer filed by the second de-
fendant was overruled May II, 1884.
Edward A. Baker and Clarence S.
Baker-Charge: Embezzlement, grand
larceny and violation of section 844
of the District of Columbia Code; in
dicted March 90. 1884.
Edward A. Baker-Charge: Grand
larceny; indicted December IA, 1884.
Edward A. Baker-Charge: Embez-
element; indicted December IA, 1884.
Charles S. Baker-Charge: Embez-
element; indicted December 10, 1884.
Wade H. Cooper-Charge Violation
of section 592, title II, United States
Code; indicted March 49, 1884.
21. Does not know how long jurors
serve
@. At the present time, Mr. Garnett,
how long do the petit jurors serve?
Mr.. Garnett-Three months.
@. I mean the trial jurors.
Mr.. Garnett-Thirty days and the
grand jurors three months.
@. How long do the petit Jurors serve
In the Police Court?
Mr.. Garnett-I think 1t is the same
time, but I am not sure.
@. Isn't it two weeks?
Mr.. Garnett-Possibly two, do not
know. IS. T. p. 395)
The situation as regards jury serv-
ice in Police Court is explained In the
following excerpt from the testimony