Evening star., 1948-11-25
Judge Refuses 10 Lift
Ban Against 0uashing
Gambling Arrests

Municipal Court Judge Thomas D.
Quinn has refused to change his re-
cent ruling that motions to quash
arrests in felony cases cannot be
heard in Municipal Court, but must
be argued in District Court.
The judge reiterated his position
yesterday after listening to COM
plants by two attorneys for the
defense.
The protests were raised by At
torneys Denny Hughes and Curtis
Mitchell, who represented different
clients.
Both lawyers showed surprise at
the brevity of Assistant United
States Attorney Robert Short, who
closed the Governments cases
against each defendant after es-
tablishing that an arrest was made
and evidence seized.
Rests Case In Three Minutes.
When Mr.. Short rested his case
after conducting a three-minute
examination of his police witness,
Mr.. Hughes spoke for his client,
Ellsworth L. Harris, 80, of the 400
block of Temples court, S.W., who
was charged with operating a lot
terry.
Your honor, I submit that JUS
tice Holtzoff of District Court has
held that the proper place to settle
legality of an arrest is in a pre-
liminary hearing before a commit
ting magistrate such as yourself"
the lawyer declared.
He pointed out that Judge Holtz-
off was a principal author of the
Federal Rules of Criminal Proce-
dure now governing the courts. He
indicated that Judge Quinn should
reconsider his ruling in another
gambling ease heard on Novem-
ber II.
Judge Quinn. however, said he
would stand on his position that
Municipal Court judges have the
right to determine only three fac
tors in felony cases: whether there
was probable cause for an arrest,
whether prima facie evidence exists
that the defendant is guilty. and to
flx bond pending grand jury &C
ton.
Identification Step" Planned.
Attorney Mitchell raised similar
protests on behalf of his clients,
Robert Jones, 81, of the 700 block
Of Park road, NV, and Charles
Anderson, 35. of the first block of
M street. NV. both charged with
setting up a dice game table. He
met the same response from the
judge and, in another abbreviated
hearing, his clients joined Mr..
Hughes client in being held for
the grand jury under $1,000 bond.
Mr.. Mitchell later maintained
that since District Court will not
hear a quash motion after a de-
fendant has been indicted, he must
now present such motions in the
upper court before an indictment
has been returned
He said he hopes to have the
whole question clarified" by taking
this step.
In other dispositions before Judge
Quinn, forfeiture of $50 collateral
in each of these cases was de-
clared:
Benjamin Harrison, 81, Of the
1900 block of Ninth street, NV, and
Elijah Hardy, 63, of the 200 block
of r street, NV, both on charges
OF permitting gaming (dice).
Held For Grand Jury.
John H. Coleman. so, of the 1400
block of Morris road, Sc. was held
for grand jury under $1,000 bond
charged with setting up a gaming
table for dice.
Horace E. Butcher, 30, of the 500
block of E street NE, was placed
under $500 bond to await Municipal
Court jury trial next month on a
charge of numbers slips possession
James A. McEaddy, 80, of the 600
block of L street NE, was found
not guilty in trial on charges of
permitting a dice game while the
prosecution announced it was drop
ping the same charge for want of
sufficient evidence against Wyatt
Moten, go, of the 1900 block of LIE
Droits court NV.
In the remaining cases yesterday,
United States Commissioner Cyril S
Lawrence held for the grand jury
Frank E. Brown, 38, of the 600 block
of Massachusetts, avenue NV, un-
der $500 bond on charges of ope-
rating a lottery and numbers slips
possession
The commissioner granted contin-
uances to December 2 for these de-
PENDANTS. arrested Tuesday and now
free under 81 500 bond charged with
operating and possession:
Reginald E. Smith, 20, of the 900
block of E street SW.; Alexander N.
Bethune, %, of the 1900 block of
FenWick street NE; Blanche T.
Mccormick. 40, and Major Bandy,
81. both of the 400 block of Eighth
street S.W., where the raid was
staged