Evening star., 1944-12-09
Search for De Marcos
Hindered by Red Tape;
May Remain at Liberty
Slayer Was Ordered Bock
To St. EIizobeth's by
Court Of Appeals

Because of confusing" Legal
aspects, there is "only a small
chance" of returning Julian r. De
Marcos to this jurisdiction If he al
ready has left the District, a spokes.
man for the United States marshal's
Office said today as the agency in
tensified its search for the 77-year-
old convicted slayer who was ordered
returned to st. Elizabeth's Hospital
yesterday by the United States
Court of Appeals.
Eight deputy marShals are scour-
ing the city for De Marcos, termed
by the Government "a dangerous
paranoic" but so far there is no clue
as to his whereabouts, authorities
said, and it is believed he has left
the District. He was ordered re-
leased from st. Elizabeths Wednes-
day by District Court Justice T
Alan Goldsborough in a habeas
corpus proceeding, although the
Government contended De Marcos
retention in custody was necessary
'for the protection of the public"
appeal is Oranted.
Assistant United States Attorney
John P. Burke Immediately filed
notice of appeal in the appellate
division, asking that the release be
blocked and that De Marcos be re-
confined in ST. Elizabeth's or placed
under heavy bond pending final de-
termination of the case. The Court
of Appeals yesterday ordered De
Marcos returned to the institution
and the search was instituted.
IF De Marcos has left the juris-
diction," a United States MarShal's S
Office spokesman said, I'VE cannot
go after him legally since our duties
are restricted to the District. More
over, since matters involving lunacy
hearings or decisions are of civil
nature, a criminal eXtradition from
another part of the country cannot
be asked. In other words, as long
as he stays out of town, he is prac-
tically a free man. We have had
cases like this before and they show
the need of national legislation or
means of terming lunacy proceed
ings criminal instead of civil when
the occasion warrants"
However, the spokesman explained
that if De Marcos is arrested in an
other jurisdiction for a criminal
offense, however minor, he can be
extradited here on a criminal war
rant, and will be reconfned until
the case finally is settled. He may
also perform an act in another
jurisdiction which might cause his
confinement in mental institution
in which case his legal return to St.
Elizabeth's could easily be arranged" !"
The marshals' Office said it had
unsuccessfully attempted to locate
George A. Parker, De Marcos at
torney, to ascertain if the attorney
might possibly be able to provide
clue as to De Marcos whereabouts.
The Federal Bureau of Investiga-
ton also may take hand in the
search, an official of the agency
said, but only if asked" But if
De Marcos should then be located
by the FBI outside the District, the
same legal barriers would be en-
countered, it was said.
Metropolitan police have not yet
joined in the manhunt.
Valid Only in District.
DR.. Winfred Overholser, superin-
tendent of st. Elizabeth's, S, said the
release as ordered by Justice Colds
borough is only valid in the District,
and in view of the Court of Appeals
action, the original commitment
still holds good if De Marcos is re-
turned.
De Marcos was sentenced to life
Imprisonment in Canada in 1884 on
a charge OF manslaughter arising
from the killing of a man, but two
years later was adjudged insane.
He was subsequently returned to
this country under international
treaty agreement and confined to
st. Elizabeth's. After five unsuc-
cessful attempts to gain his free
dom through habeaS corpus pro-
ceedings, he finally was released
Wednesday. In its notice of appeal,
the Government stated several ply
sicians had testified De Marcos was
a man "of unsound mind, suffering
from paranoia, who is dangerous,
particularly to others, and is not a
proper person to be at large"