Evening star., 1948-11-11
Ruling by Judge Quinn
On 0uashing Arrests
Hits Gaming Suspects

MUNICIPAL court Judges, using
their powers to hold defendants for
the grand jury in felony cases, have
no right to hear motions that seek
to quash an arrest or suppress evi-
dence in such cases.
This ruling was made yesterday
by Judge Thomas D. Quinn. If
adhered TO by Judge Ouinns nine
colleagues on the Municipal bench
it will end defense practice of
many years, in which motion in
felony cases have been heard and
acted on in Municipal Court.
While the ruling may not be bind
ing on the other Municipal Court
jurists. under the law it must be
regarded as persuasive" by the
other judges.
Blow to Gamblers Seen.
Assistant United States Attorney
J. Warren Wilson, chief prosecutor
for his Office in the lower court, an
nounced later that. under Judge
Quinns decision. the prosecution
will oppose all motions offered in
felony cases before a Municipal
Court judge from now on.
The ruling was regarded as blow
to the defense of all felony suspects,
particularly gambling defendants.
Under the old custom, for ex-
ample, a defendant whose arrest
had been quashed in a Municipal
Court motion would face possible
grand jury action unfettered by any
damaging evidence which may have
been held against him as result of
the arrest.
One of Defense Tactics.
One Of the principal defense tao
tics in gambling operation cases in
the past has been to try quasning
the often shaky arrests and to have
the evidence suppressed. When the
defense succeeded in such moves the
prosecution was left with practically
nothing to present against the de-
fendant before the grand jury.
This practice f1ourished even after
1945, when the new Rules of Grim
inal Procedure for District Courts of
the United States went into effect
Judge Quinn based his decision on
a judge sitting as a committing
magistrate" in felonies (offenses
which are indictable by a Federal
orood iIlryl thaca
To determine whether there is
probable cause" for the judge to
believe felony has been committed,
whether there is like cause to believe
the defendant before the bar is
guilty and to fix bond pending grand
jury consideration of the case.
"Only Functions of Judges"
These are the only functions of
the judges of this court in felonies,"
Judge Quinn declared.
This court has no power to hear
such motions because it has no
jurisdiction. Jurisdiction belongs to
the United States District Court,
and the proper time for submitting
motions lies in the period between
grand jury indictment and District
Court trial"
The judge noted that Municipal
Court judges have been hearing sucn
motions for some time
But that fact, in and of itself,
doesn't make the practice right, he
said.
His ruling came after Assistant
United States Attorney Edward
Carey opposed a motion to quash
the arrest of William T. Whitehead,
A, colored, charged with lottery
operation last Friday.
Mr.. Carey made his unexpected
move to strike the motion offered
by Attorney James Hughes, repre-
senting Whitehead.
Law Books Wheeled Out.
The judge at first questioned
Prosecutor Ca-ey's legal authority
for his stand, but after brief
recess, in which all parties wheeled
out law and rules books, he re-
turned to the bench to announce
his decision.
In the hearing promptly asked
by Mr.. Hughes, Detective James
Beach testified that, acting on
prior information that Whitehead
was committing the felony of num-
bers running lottery operations he
trailed the man for five days be-
fore making the arrest at Thirty
fourth street and Benning road NE.
The detective added he confis-
Gated s1,291 in cash and II enve-
lopes containing blank and filled
numbers slips.
Whitehead who lives in the $500
block of Thirteenth street NV,
was held for the grand jury under
81 900 bond,