Evening star., 1953-11-24
CourtDismisses
Indictments Of
Carper, Taylor
Tumm Cites Presence
Of Deputy MorshoIs
In Grand Jury Room
BY Howard [. Dutkin

Federal Judge Edward A.
Tamm dismissed the narcotics
conspiracy and bribery indict-
ments against suspended Police
1t. Hialmar H. Carper and Sergt.
William L. Taylor today on the
grounds that deputy United
States marshals were present
illegally in the grand jury room
when witnesses were testifying.
Indications were that the Gov
eminent would seek a reindict-
ment. A section of the United
States Code relating to reindict-
ment reads:
whenever an indictment is
dismissed for any error, defect
or irregularity with respect to
the grand jury, or is found
otherwise defective or insufficient
Tor any cause new indict-
ment may be returned not later
than the end of the next sue
ceeding regular term of such
court following the term at
which such indictment was
found defective during which
grand jury shall be in session,
which new indictment shall not
be barred by any statute of
limitations.
Court sources said this means
the Government has until the
first part of next April to obtain
reindictment on all counts.
Date Back to 1949.
Some of the offenses charged
against Carper and Taylor are
said to have occurred in 1949.
others in 1850 and some in 1851.
The Government had declared
that the deputy marshals' pres
ence was required to insure that
witnesses did not escape.
But Judge Tamm declared
that the marshals' testimony
suggested obvious alternative
methods by which the security
of the prisoners might have been
insured without the attendance
of the marshals in the grand
jury room"
The jurist declared that he
cannot be concerned with the
possible guilt or innocence of the
defendants, with the seriousness
of the charge or with the possible
effects of the courts decision -"
1.-TWO Major COmpulsions"
He said he is faced with two
major compulSions. These he
cited as the preservation Of the
inviolacy of grand jury proceed
ings and the preservation Of
purposes of the Federal rules of
criminal procedure.
Perhaps there should be some
provision IN the rules for the
presence of deputy marshals in
the grand jury room," Judge
Tamm wrote.
IF this is necessary" he
stated, then appropriate steps
should be, taken to amend the
rules by specific provisions stat
ing exactly who, as custodial ofs-
ficers, may be in the grand jury
room and the conditions under
which such presence will be
permitted. :"
Trial Postponed 6 Times.
The two suspended policemen
were indicted May %. 1852. They
were charged with conspiring to
violate narcotics laws and with
accepting bribes.
Trial Of the case had been
postponed six times on the
grounds that publicity surround
ing the case had been prejudi-
cial to the defendants.
On November 7, Judge Tamm
postponed the trial date to next
May %. Main reason for this
delay was an article IN the Sat-
urday Evening Post written by
Thomas A. Walden, jr., former
assistant United States attor-
ney, and Thomas Durrance, a
writer, which went into detail
concerning the dope industry
here.
Mr.. Walden, during his term
as a prosecutor, aided in the
Carper-Taylor case and in the
conviction of a number of top
flight narcotics peddlers.