Evening star., 1952-12-05
Ma|feasance Charged
To 7 Magistrates by
Prince Georges Jury

Two Frlnce Georges county
committing magistrates today face
charging malfeasance
They are George S. Phillips, IA
Berwyn. Md, and Herman H
Rudolph, SO, Seat Pleasant.
Both were named in true bills
returned yesterday by the Octo-
ber grand jury. which. in it's sec.
ond interim report, defended criti.
cism of its first finding.
Jury Foreman william F. Nc.
Cormick told Judge Charles C
Marbury that the panel will re.
sumo it's sessions in February.
Two indictments We, e returned
against Magistrate Phillips ane
one against Magistrate Rudolph
Both are stationed at Hyattsville
Bench warrants were issued i'm
mediately. Magistrate Rudolph
came to the Upper Marlbor'
Courthouse shortly afterward ant
posted $1,000 bond, He worket
his usual shift at Hyattsville las
night.
Magistrate Phillips was reporte,
i'll. He posted a $1,000 bond a
his home. No date has been Sc
for arraignment.
One indictment against Magis
trate Phillips alleged that las
March II, he failed, refused or ne
elected to issue a warrant request
ed by Edmonston Police Chief T
| A. Law.
The other Indictment accuse
Magistrate Phillips of being drum
on duty at various times betwee,
April q and June 10 of this veal
1t further alleges that the magis
trate conducted himself in an of
fensive manner toward a woman
Reasonable Time Cited.
The indictment against Magis
trate Rudolph charged that be
tween August and September q
he failed, refused or neglected
to turn over to the trial magis
trate's Office collateral he had &C
cepted in motor vehicle cases.
The indictment did not directl
charge that Magistrate Rudolph
had misappropriated funds. In
stead, it indicated that he is &C
Ncused of failing to turn over tn
money within a reasonable time.
States Attorney Carlyle j. Ian
caster said possible penalties in
cluGe removal from Office, fine O
imprisonment. Penalties are no
specifically stipulated. he eX
planned. because such offenses ar
covered by the common lay
rather than by statute.
Both magistrates were sum
moned before the County Com
missioners last September to an
swer complaints filed by Count
Police Chief F. Allen Richard
and a dozen State, county an
municipal officers.
They said Magistrate Phillip
refused to issue warrants fc
various reasons, used profanit
and was frequently absent froI
the station.
The magistrate denied he ha
used profanity and explained hi
absences as due to his schedul
of working hours.
! Magistrate Phillips defende
complaints of his refusal to issu
warrants with a statement ths
committing magistrates are re
Sponsible for determining whethf
there is probable cause for issu
ance of a warrant. He added ths
he would not accept dictation frol
police.
Hearings Set, Never Held.
The commissioners set hearing
for both men for October 8. br
the hearings were never hell
Thomas E. Latimer, chairman {
the County commissioners, sal
last night his board has no au
thority over Trial Magistrates be
cause they are appointed by tn
Governor on recommendation {
the County Central Committee {
the party in power. The two-yes
terms of both magistrates expi1
next May /.
i Prince Georges has seven com
mitting magistrates. Each is pal
i 81, 300 a year.
i The grand jury told the coul
it's first report, because of il
; unusual scope, has been tn
subject of some criticism as bein
too general"
i "Those who have studied it,
yesterdays report said, will fin
over 80 specific recommendation
included therein ;. in the cas-
of most of these generalities. "
indicated that further investiga
ton would be undertaken. In on
of these areas our efforts have al
ready borne fruit"
4 The jurors commended a repoi
on county welfare activities pre-
pared by a special committe
'Inamed by the county commits
sioneys.