Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-06-10
Press and Radio Hail
Reversal OF Court
Curb in Baltimore
~ the Aasesisssd eress

DIAL lndAEtE, june " l. tlr
reversal Of contempt Of court
convictions against three Baiti-
more radio stations and q news
commentator was hailed today IS
o great victory for freedom OF
the press and radio"
Meanwhile. the State Law De-
partment studied yesterdays
Court OF Appeals decision 10 see
III there was a possibility Of ap-
pealing 1t TO the United States
Supreme Court
Stations WFBR. WCBM and
WITH and James p. Connolly.
then commentator at WITH. we're
convicted of contempt of court
for their broadcasts last summer
OF details OF o Baltimore GRIM
inal case.
The Baltimore court decided
they violated It's unique rule
904." which forbids. among other
things. the publication Of state
ments made by an accused In q
criminal case. his past criminal
record. and the giving out OF such
information by police. prosecutors
or defense attorneys.
Rule Called Illogical.
BY ST. decision. the Appellate
Court held that q rule which
would condemn the publication
Of statements made by responsible
officials. but condone the publica-
ton Of similar statements from
other sources. would be illogical.
liz not fatally discriminatory"
Attorney General Hall Ham
mond said he felt the decision
killed all OF Rule so4. He added
the State La considering an appeal
TO the Supreme Court If we find
the road to appeal Ii open. !"
Judge Charles Markell nled the
lone dissent. He said he could not
agree with the majority OF his
colleagues that the broadeasts did
not constitute clear and present
danger" 70 q fair trial for Eugene
II. James. 81. colored handyman
convicted In the knife staying OF
1l-year-old Marsha Brill last July.
James Is under indictment In
Washington for the similar staying
Of Carol Bardwell. also II.
The defendants had broadcast
news that James had been arrested
and either that he had confessed
the crime or had criminal record.
Finds Statements "Faetusl"
Judge william L. Henderson.
who wrote the majority opinion.
said those statements were not
largumentative but were factual."
He said the Court Of Appeals
found no direct evidence Of
prejudice In the community be-
cause OF the broadcast Informs
ton, and added:
Trials cannot be feld Tn 4
vacuum. Theoretically sealed
against rtifnor and report.
IF n mere disclosure Of tire
general nature of the evidence
relied on would vitiats trsnder
defective, q subsequent trial. few
yerdicts could stand.
The Baltimore Bar Association.
the Junior Bar Association Of
Baltimore and the Maryland Civil
Liberties Committee Joined ths
State In supporting the rule.
Briefs attacking the rule we're
fled by the A. 8. Abel Co. pub
Usher OF the Baltimore Sun pa
lpers. the National Association al
|Broadcassers. the American So
|csety Of Newspaper Editors, the
American Newspaper Pubiisherr
Association and the American
|Civii Liberties Union.
MeKeIway Praises Ruiing.
b. d. McKeIwsy. president of
the AENE and editor at The
Washington Star. said
The AsNE h grstined at the
courts decision and hopes n viii
stand. The society has been de-
termsnec 70 seek removal Of what
tt regarded ~ m exmnpae Of
newspaper censorship"
In New York. Cransson WI
hams. general manager Of the
American Newspaper Puhas&fskrx