Evening star., 1942-02-21
Mrs. Mclean Denied
Warrant for Arrest
In Friendship Attack
Held Civil Action;
Libel Is Charged
In Magazine Article

United States Attorney Edward
M. Curran declared today that he
has refused to grant Mrs. Evalyn
Walsh Mclean a warrant for the
arrest of the Washington corre-
spondent of New Masses radical
magazine, on a charge Of criminal
libel.
The current issue of this maga-
zine contains an article signed by
Bruce Minton which purports to de-
Washington mansion, Friendship.
Concerning this, she gave a state
ment to the press, declaring the
story alleges my home Is headquar-
tiers for gang of conspirators cal
culating to hinder Americas anti
Fascist war"
Issues Statement.
"This article also states that
Friendship has become the general
headquarters of fifth columnists,
the clearing house of those who
Justify Pearl Harbor, who blame
japanese aggression not on policies
advocated and often instituted by
their group but on the administra-
ton, which refused to capitulate to
Toxic" her statement continued.
IF those allegations are true, I
ought to be in Jail. and so should
those friends Of mine accused with
me-
IF these allegations are false. I
am entitled to protection OF the
law and the guilty persons should
be arrested and punished"
Declared Civil Case.
The United States attorney said
that Mrs. Mclean came to his office
late yesterday and demanded q
criminal libel warrant.
"I turned her down." Mr.. Curran
said. "I told her she should go to
a civil court" He would not explain
his reasons.
Mr.. Curran said Mrs. Mclean ap-
peared satisfied at this time. but
afterward she issued her lengthy
press statement, declaring:
"I want to know why the Depart
ment of Justice is apparently more
interested in shielding an official
Communist publication from prose
cution than in protecting loyal
American citizens from persecu-
ton"
Attorney States Alternatives.
Her attorney. Evert L. Bono, said
today that If Mrs. Mclean wishes
to press her case, she has two al
ternatives. She can 60 to District
Court Judge and ask for man
damuS compelling Mr.. Curren to
push criminal charges-or she can
file civil suit asking damages.
The New Masses story, covering
five full pages, Illustrated. names
prominent persons who attended
parties at the old Friendship estate
on Wisconsin avenue, now sold to
the Government for housing pro-
ject, and those who are seen at the
new Friendship in Georgetown.
Other portions Of Mrs. McLean's
statement follow:
In the District Of Columbia
Code, title %, section 230l reads as
follows:
Whoever publishes e libel shall
be punished by a fine not exceeding
81 900 or imprisonment for term
not exceeding five years or both
Explains Action.
Yesterday, assuming that statute
meant what it said, went to the
United States Attorney for the Dis
trict of Columbia and asked him
to issue a warrant for 3ransten's
arrest in my name and signed by me,
Evalyn Walsh Mclean.
"I told him I was willing to as
sumo entire liability for false ar
rest and any punishment that
might be due me If I were found
to be in the wrong.
But to no avail.
"The District Attorney told me
the Department of Justice has a
policy not to enforce the statute
above quoted-for reasons it best
knows.
apparently, my belief and faith
in the law have been grossly mis-
placed and ill-founded. have been
reared in the belief, like most
Americans, that any man can have
his day in court, civil or criminal
That means, of course, that every
man who violates the criminal law
should be arrested on complaint
of the person injured. ..1
"On this basis, If my automobile
had been stolen, the thief would
be arrested and prosecuted because
he had violated the law.
But here, with my loyalty to my
country maligned by a willful and
malicious liar, in violation of a
criminal statute, the guilty man is
protected by the United States De-
partment of Justice. r.
ITO me, an accusation against my
loyalty to my country Is so much
graver than any mere assault on
my chacacter and reputation that I
am not satisfied with this course
of justice. am going to carry this
matter wherever the laws will let
me-"