davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
CONFLICT IN COURTS
D. c. Group Studies
Arroignment Delay

no predictions about seeking new
legislation until its study is COM
pleted.
Without Unnecessary DeIoy'
What police. prosecutors and the
lower court judges want is some de-
gree of certainty. The Federal Rules
Of Criminal Procedure, adopted after
the McNabb decision. specify that
the arrested person should be
brought before a committing mag
istrate without unnecessary delay"
But what is necessary and what
unnecessary?
In 1852, after pursuing zig-zag
course for years in trying to follow
the rule laid down in the McNabb
case and in the subsequent Su-
preme Court decisions, the appel
late court here commented that in
simple justice to the defendant, the
police should have checked their
information, as they did in part at
least. before formally charging him
before a magistrate"
In other words, it was not con-
sidered unreasonable for police TO
delay long enough to satisfy them
selves they had the right man.
The appellate court, in this and
a second 1852 opinion written by
Judge Wilbur K. Miller. ruled that
delay alone would not invalidate a
confession. If the delay produced
the confession, it would be eX-
cluded. But illegal detention of it
self would not invalidate an other
wise admissible confession.
The Supreme Court refused to
review these decisions and they
stood without serious question for
three years.
In 1855. the eight judges then on
the appellate bench sat en- banc in
a case where arraignment had been
delayed. They narrowed the argu-
mentS to the question of whether
they should stand by their 1852
Interpretation. They split four-to-
four and the 1852 Interpretation
stood.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
BY MIRIAM GUTENBERG

A shot from ambush that killed
a ''revenooer" in the Tennessee
mountains 16 years ago is still
echoing in the halls of justice here.
The confessed killers of the Treas
ury agent, the Supreme Court ruled,
were held by police too long before
they were arraigned. The high
court. in a historic 1943 decision.
ruled out their confessions and
ruled in controversy that RACES
today.
The accused-a pair of twins and
their younger cousins-were all
named McNabb. The decision tagged
with their name brought protests
from Congress. confusion in the
courts and bewilderment for police
and prosecutors.
The McNabb DECISIONS effects
have been greater in the District.
perhaps, because more criminals
are affected by Federal rules and
Federal laws here than any place
else in the country.
Unanswered Questions
In the legal maze created by the
court decisions following the Nc
Nabb case, these questions have APP
peared to be answered and then
unanswered again:
. How long, how many minutes
or hours can police hold a prisoner
before he goes to a committing
magistrate?
, . Long enough to be sure they
have the right man?
. Long enough to catch up with
his accomplices?
Long enough to confront him
with the victim, if the victim is still
alive, or with a possible eyewit-
ness?
. Long enough for lineup?
. Long enough to solve other
cases, even more important ones,
of which he is suspected?
. Long enough for him to re-
enact the crime?
The Supreme Court, after hand
ing down few more decisions
intended to expand, contract or
clarity the ruling in the McNabb
case, spoke for the last time on
the subject in November, 1851.
Since then, it has refused to re-
view "McNabb cases" which keep
cropping up-particularly in the
District.
The Court of Appeals here, how
ever. has not been silent.
Its recent decisions and the
trends indicated IN the way the
appellate court has Split-have now
prompted the District Council on
Law Enforcement to make the
questions posed by the McNabb
rule the councils next m a or
project.
The goal: To determine-as the
council did in its earlier study of
criminal insanity as a defense
whether the rights of the accused
and the public are equally protected.
The insanity study resulted IN
new law and there have been de-
mands for congressional action to
solve the questions raised by the
McNabb rule.
Twice, Congress has considered
passing legislation to provide spe-
officially that otherwise admissible
confessions shall not be excluded
because of delay in arrangement.
There have been proposals for a
law to specify that unless the de-
lay caused the otherwise admissible
confession, it should be allowed in
evidence.
The council, however, is making
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
The Jurisdiction

The collision. Of course, occurred
on the high seas beyond the ter
rttorial waters of any nation. This
means that general maritime law
will control in deciding the issues,
the claims and fault. Maritime law
is international law and is agreed
to by nearly all civilized nations.
1t is usually enforced in individual
countries by statute, and recogni-
ton throughout the maritime world
is normally given to legal decisions
reached in the country where the
trial is first held.
American Interpretation and ap-
plication Of the law in the Doria-
Stockholm case is probable simply
because Of the closeness of the
event to United States shores.
The Stockholm Is in the United
States. together with what little
could be salvaged of the Andrea
Doria. The passengers and crew
are here, and most Of them will
remain here. Many Of the witnesses
at the scene of the rescue. were
aboard United States ships. Critical
photographs Of the now-sunk Ital-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
Crash Damages Nay Be Hard to Collect
BY PHIL YEAGER and
JOHN STARK

How will the blame be assessed
for that history-making crash be-
tween the Italian liner Andrea
Doria and the Swedish Stockholm
in the July Is fog of Nantucket?
Who will fix it? And why?
Exact answers to these questions
must await investigation and fur
Their developments. But on the
basis of precedent and admiralty
law. a few facts are already begin
ming to emerge.
. At present it looks as though
the blame for the incredible Doria-
Stockholm disaster will be deter
mined in United States courts, even
though neither ship was an Amer
lean vessel.
. AS the law stands today. it
seems unlikely that the role of
radar will be critical in deter
mining fault.
. 1t is a matter of considerable
uncertainty whether many Of the
legitimate damage claims arising
out of the affair can be entirely
satisfied through suits brought in
the United States.
Already several suits totaling
hundreds of thousands of dollars
have been filed against the ship
authorities Of the Doria and Stock
holm in New York Federal Courts.
No doubt millions of dollars in dam
ages will be claimed eventually.
At least six types of interests are
involved:
l. Those of the passengers for
injuries they sustained themselves
2. Those of passengers for loss
OF personal property.
3. Those Of cargo owners for loss
OF cargo.
4. Those Of surviving relatives.
5. Those Of the ship owners Gin
claims against each other).
6. Those Of underwriters who will
pay insurance claims.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05

The fact, however, that four
judges now questioned the ruling
which for three years had seemed
to answer the questions raised by
the McNabb case was regarded with
considerable foreboding by those
who thought they knew where they
stood.
This is what has happened in the
appellate court. since the Supreme
Court announced on January 16,
1856, that it would not review the
1855 split decision:
On February IA, in an arson case
against Gladys M. Tillotson, Judge
John A. Danaher wrote:
1.-The interests of society and of
the appellant herself required
reasonable opportunity to ascer-
tain the degree of completely, if
any. of the appellant before
serious criminal charge might
properly be lodged against her"
He wrote that what constitutes
unnecessary delay-or a reasonable
time within which an accused must
be brought before a committing
magistrate-must be determined in
the light Of the circumstances and
the facts in a particular case and
is question to be settled initially
by the trial judge.
Judge George Thomas Washing
ton concurred in the finding but
made it clear that he was passing
only on the question of whether the
delay was unreasonable. Chief
Judge Henry w. Edgerton dis
sented.
The Duckpin Sloyine
On May 3. judges E. Barrett
Prettyman. Danaher and Walter
Bastian were unanimous in revers-
ing the conviction of Clarence Wat
son for the duckpin Staying of
Alyce o. Taggart in SCOTS Hotel.
The judges ruled that his oral con-
LESSONS to the murder were admis-
sible in evidence against him but
his written confession was not.
They cited the 1852 cases.
They said. in effect, that Watson,
who had made several oral confess
sions during the night he was
arrested, could have been arraigned
at 8 am. but was not until after
2 pm. They found there was "un-
necessary delay" in arraignment
after am. They also found that
the developments after 9 am. pro-
duced the written confession.
1t was during this period that
Watson went to SCOTS Hotel and
re-enacted the crime.
Deputy Chief Edgar E. Scott,
one of those who accompanied
Watson to SCOTS Hotel. has said
that it wasn't until Watson-in
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05

tive ships use of modern detection
equipment, such as radar.-
But it seems fairly clear that
both vessels were going at brisk
clip when they collided. And that,
on the basis of prior decisions in
similar cases, does not augur we'll
for either ship-radar or no radar.
Hoiti-York Cose
The most recent important COL
lision case. and probably the one
most in point, was settled in the
Fourth Circuit United States Court
of Appeals at Richmond, Va, just
five months ago.
Circumstances were much like
those surrounding the Doria and
Stockholm.
In May 1853 a United States
owned merchantmen. the Haiti
Victory, collided at night in the
North Sea with a British overnight
steamer from Holland, the Duke of
York. Both ships were running at
18 knots. The Duke of York went
down, losing a number of passen-
gers. She had been proceeding in
a fog bank, her radar out of COM
mission as it had been for several
days. The Haiti Victory had its
radar shut off, but on stand by"
until just before it entered the fog.
Its radar was then turned on and
observed, but the operator did not
detect the Duke of York in time to
avoid colliding.
The United States, as owner of
the Haiti Victory, brought a tech
nical suit in Federal Court seeking
to limit the Federal Governments
liability in the case.
1t is significant THAT the Haiti
Victory was exonerated primarily
because it was operating in clear
water until the final moments be-
fore the collision and because she
stopped her engines Immediately
upon hearing the foghorn of the
Duke OF York. Neither ship seemed
to gain or lose any particular legal
advantage due to the status of its
radar. although the Dukes radar
was not operating and the Vic
toryS was. Instead, emphasis was
placed on the speed of the fog
bound Duke and its failure to OBJ
serve normal low-visibility pro-
cedures.
"A steamship" said the court,
hearing the fog signal Of Q vessel,
the position of which is not ascer-
tanned. shall. so far as the circum-
stances Of the case admit, stop her
engines and then navigate with
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05

ian ship were taken by Americans.
Ship records may or may not be
in this country.
Since admiralty cases must often
be directed against the ship or ships
involved, nations to which the YES
sells repair may assume jurisdiction
if suits are brought there.
And-this is important-once a
bona flde decision establishing fault
has been made by court of proper
jurisdiction, that decision stands
and will usually be applied in cases
which may subsequently arise out
Of the same incident but in other
countries.
In brief: 1.-THE general maritime
law as understood and administered
in the courts of the country in
which litigation is brought" con-
trolls suits resulting from collision
on the high seas" These are the
words Of the United States Supreme
Court.
Even though this may mean. as
it could in the present situation,
that liability is fixed by the courts
of a foreign country. this practice
makes sense to mariners. For it
often results in faster and more
accurate decisions.
incidentally. it is reported that
some Of the Doria's ship records
have been returned under seal to
Italy. If so, this will not neces-
sarily hold up proceedings in the
United States. But If records are
refused, the courts here may then
have to rely more heavily on "sec-
ondary evidence" available from
witnesses, crew, passengers, etc.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
Some Economists Fear
Depression Has Begun

quite possible that it may already
have begun is Prof. Albert Gailord
Hart Of Columbia University. Prof.
Hart. moreover. tells us some of
the ways in which q depression
may evolve; and we could very
readily have "a self-reinforcing
downswing." Suppose, Prof. Hart.
suggests, that car owners going to
turn in their 1855 automobiles on
1857 models .flnd that the trade-in
allowance won't cover the down
payment. That will eliminate a
good many deals. If there is a
general revulsion against getting
into this kind Of trouble the effect
will be compounded.
An MISREPRESENTATION program
by business, once begun, is apt to
last q year or more. DR.. Hart con-
tinues. Business plans for plant
and-equipment spending, now re-
f1ecting the economic upswing,
might conversely respond to a
downSwing. Then, II unemploy-
ment rose enough to generate more
housing vacancies than have been
customary, builders would tend to
become frozen in and be forced to
slow down.
Stobilizing Cushions
I'm this whole field of post
ponable expenditures we must re-
member that a sudden change Of
buyers temper is possible. Having
lived for IS years almost con-
tinuously in the dollhouse Of easy
selling, easy earning, easy absorp-
ton of new capacity and easy
capital gains, our business leaders
as we'll as our households may be
susceptible to sudden chills from
merely temperate breezes. A break
in the stock market might change
the whole climate of business
opinion"
The so-called "built-in stabilizers"
in the hands Of the Government
unemployment compensation, re-
duced tax withholding, protection
against drastic credit def1ation and
the like-are not to be dismissed
from consideration. They will GER
tainly help If business sharply sub
sides. They will help maintain the
market for perishable goods and
services and thereby the economy
as a whole. But, while modifying
depression, they will not prevent 1t
in DR.. Harris view.
And what II peace really breaks
out during the next few years?
A major pillar of our economic
boom today is the demand for mill
tary hardgoods. Disarmament would
cut spending and bring reduced
taxes. People would have more
money to spend. Yet disarmament
would entail a big reorganization of
the labor force and might produce
several years of chronic unemploy-
ment in the hardgoods centers not
unlike Britains experience in the
mid-l930s. Instead of q 2 million
unemployment level, we might have
million or million without work
for q few years." DR.. Hart says.
And II that happens. he is not sure
that businessmen will not become
blind 10 investment opportunities or
that the Government will take ef-
fective countermeasures
These are not predictions Of what
will happen. but authoritative
opinions as TO what can happen
here. They are, admittedly, minority
views.
The majority attitude is perhaps
well reflected in a brokers letter
Just come TO hand: But the UNDER
lying confidence in the future
Of America IS all-encompassing-
powerful = undated = in fact, our
greatest danger and weakness.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
By HERBERT BRATTER

Despite the slowing down Of au-
tomobile sales and residential con-
struction and the aftereffects Of
the now-settled steel strike, busi-
ness in 1855 10 still sailing along on
a high plateau. One Of the chief
sustaining elements, industrial in
vestment in new plant and equip
ment. reflects the confidence with
which businessmen view the years
ahead. The stock market Is still
In the longest bull movement on
record Industrial production-the
steel strike apart - continues at
capacity. Employment is full; I'M
employment down to a hard core"
minimum.
We have been enjoying national
prosperity ever since World War
II. The recessions Of 1919 and
1884 proved only mild Interrupt
tons In the upward course, which
points ever higher. Optimism
about the years ahead is wide
spread.
There is every reason to believe
that economic growth should con-
tinue at q rapid pace" the staff
director Of the Joint Economic
Committee concluded from an
analysis of the next decades pros
poets. "A decade of great eco
nomic growth lies ahead" declares
Dartmouth's business dean, Arthur
r. Upgren, who checks off one by
one the chief causes of the 1905
depression that should not trouble
us again. We needn't worry for 10
years, he assures us.
Some 'Moybe'
Maybe so.
Maybe the products of industrial
research will keep on making new
industries, employment, purchasing
power and higher living standards
without the interruption of a real
depression.
Not all economists are dead sure
about this, however. Some do not
share the apparently universal be-
lief that the new era, which so
many Americans wrongly concluded
had arrived in the l920s, has at last
come-the era of perpetual pros
perity. Their view rather is that
governments can neither repeal
economic law nor guarantee good
times.
Godfrey Crowther. the British
economist. abiding to the new doc
trine that government can main
tain prosperity-a doctrine embod-
led in full-employment laws-calls
1t an odd thing" that this doc
trine is accepted without the slight
est proof that anyone knows how, in
fact, 1t is to be discharged. Since
the war full employment has been
worldwide. land it has certainly
not been due TO successful economic
planning all over the world" he
notes.
Roy L. Reierson, economist OF
the Bankers Trust Co, shares Mr..
Crowther's view. Government eff
forts to assure economic stability
by curbing the boom have not been
popular or fully effective, he
reports.
The Usuol Cycle
In the past, even as today. Ions
periods Of prosperity. expansion
and speculation as noted by DR..
Arthur r. Burns-i92l-29, 1897
1907. 1858. i867-73-"each was
followed by deep depression and
three Of the depreSsionS lasted
years"
An economist who not only be-
lieves that We could have another
serious depression but thinks It
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05
The Rodor Question

No one can say how the admiralty
judges are apt to view the respec-
The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1956-12-21
Why Dec. 25?

St. Cyril, Bishop of Jerusalem, is
credited with the establishment of
December % as the universal date
for the commemoration of the Ma
tivity of Christ. In 337 AID. with
the permission of Pope St. Julius
/, St. Cyril appointed a commission
to determine the precise date of
Our Lords birth. Learned theolog-
ians finally agreed upon Decem-
Der 25, and since the year 354 that
date has been observed as the
Feast of the Nativity.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10
AUTOMOBILES FOR SALE

MERCURY 1855 Montclair convert
ible; green with black nylon top:
low mileage; S2,295. WA. 7-4126.
MERCURY 1856 Montciair convert
cond. $500. JE. 3-Si31.
MERCURY 81 de luxe sports sedan
seat covers. Sacrifice. S4a5, terms.
SD down. MR.. ROPER, LA. g.
MERCURY "a Monterey convertible
very finest condition: $4,000 miles
original owner. This car has full
power equipment, Wv. tires, Con-
tinental kit. Sacrifice, 81 .745, could
pm. MR.. ROPER. LA. $1,000
MERCURY "a
Monterey hardtop; striking 2-tcns
equip; 1916 actual miles by one
owner; reduced 500, S1,695.
OlmStead Motor Co.
Arlineton's Olds Dealer Since 1888
1000 WILSON BLVD, ia. 7-s4O0
MERCURY 1949 4-door: dual CARDS
S325 or will consider reas. offer
Cap GERRY. WA. 7-2533.
MERCURY 1854 Monterey hardtop
Mercomatic, power steering. r.. h.
exceptionally fine cond. S1,595
E-z terms. BELL MOTORS, SOLO
Wis. ave. NV, WO. $4,000.
MERCURY 1858 Monterey hardtop;
M5eGSS%atie s,rIo, h terIi IKE Il s nsy
BELL MOTORS 500 Wis. ave.
NV WO. $4,000.
MERCURY 1851 club coupe; radio,
heater; perfect mechanical condition;
S495.
Lee D. Butler. Inc.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10
O'BRIEN & ROHALL
2 BIG LOCATIONS
Northeast Motor Co. (Ford)
BILL DENIS

1910 Wis. Ave. NV. KE. 7-1522
FORD 1855, a Ranch Wagon Tudor,
has hight blue finish, with brown in
terror. radio, heater, perfect for
those with large family, in ex-
cellent condition. easy terms, Sl,79o,
soc Mr. WOrl
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10
AUTOMOBILES FOR SALE

FORD 1854 Victoria; Fordomatic.
r radio. heater, white tires; black and gEd
beauty; see, drive and you'll buy.
BUTLER BONDED; Sl,395.
Lee D. Butler, Inc.
1871 2lst st. NV. DI. 7-0lI1
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10
AUToMoBILEs FOR SALE

'-UDSoN 1856 Hornet Custom 50"
sedan; green and white; equipment
includes power steering. power
brakes. air conditioning; S2,995.
CCC guarantee.
Capitol Cadillac-Olds Co.
1929 Ind st. NV. ST. $4,000
HUDSON HORNET '52 4-dr.: 2-tone;
MCKEE PONTIAC
PONTIAC MEANS MCKEE"
NEW USED CAR LOCATION
10th and L SITS. NV. ST. 3-710C
HUDSON '55 Country club hardtop'
smart 2-tone finish, radio. heater
hydramatic drive. and outside spare
II looks new. is popular and eco
nomical; S1,655.
AkerS OldS-Cadillac Co.
Fairlington Shopping Center
Alexandria, Va. OV. 3-035O
JAGUAR 1855 Mark VII radio.
cond., must sell. ID. 4-47S0.
JAGUAR sc XK-I4OMc roadster;
1000 mi: untitled Save 500.
JACK PRY, LTD.
washington's Only Authorized
JAGUAR DEALER
IMMEDIATE DELIVERY
1909 l4th St NV. AID 4-3004
JEEP as; $3.50. WE. $500.
KAISER So Manhattan sedan;
original black, r. and h.. hydra
matte. A clean, low mileage, J.
owner car; S649, as low as $40
down, S3S per month. WOLFE
MOTORS. 1891 Wis. ave. NV, FE.
LINCOLN 80 sport convertible
coupe; excellent cond, with almost
new top. Sacrifice. 1895, S35 down.
Perfect. pass any inspection. MR..
ARTHUR, LA. 6-2700.
LINCOLN Continental hardtop
heater, radio; must be seen to be
81 .295
JACK PRY. LTD.
1909 14th St. NV. AID. 4-30O4
LINCOLN so Cosmo. convert; Wv.
top. S575 or best offer. tn, GOAL
or AID. 4-l243
MERCEDES BENZ "a 1850" sedan :
with radio; one owner: excel. cond. /;
81 .995.
JACK PRY. LTD.
Distributor for Mercedes-BenZ,
Porsche, Alta Romeo
IMMEDIATE DELIVERY
1900 14th st, NV. AID. 10000
$50 2-door: fully equip. :.
this one-owner car looks like brand
new; S45 down. small mo. pymts.
arranged. TRIANGLE AUTO SAFES.
5lO2 Ga. ave. NV, ia. 9-271l
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10
.Stohlman Chevrolet
ooOO NJ CIT N W

1900 NJ ST. NV.
AID. 2-1646 AID. 2-4412
FORD 1853 Custom Fordor sedan;
Fordomatic, r. and h.. excel. cond,,
pvt. owner RIA 6-43S1.
FORD 1855 Crown Victoria; VS.
power-packed engine. Fordomatic,
radio and heater; black and white;
1000 miles. 10. 5-S725.
FORD so Custom VS. Fordor. over
drive. S400; Ford '5l VS. Custom
club coupe. Fordomatic, 5000;
Chrysler 40 New Yorker 4-dr.,
$500; Chevrolet 40 club coupe,
S375; De Soto 40 Custom 4-dr.,
$500: Plymouth 80 Cranbrook,
$500: Studebaker 80 Champion.
$500; Austin AZ 4-dr.. $50; Stu
debaker AS Commander club coupe
5000; Kaiser As 4-dr.. 5000; Plym-
outh 4 2-dr,. 500: Chevrolet
qualified second-car buyers. FALLS
CHURCH GARAGE. Lee highway
at Hillwood ave, JE. 2-2300.
FORDS-'54 Custom Tudor VS.;
Fordomatic r and h, 81 ,099; 80
Fairlane Fordor. Fordomatic. r and
h., 81 500. HORNER'S CORNER,
Buick Dealer. Fla. ave. ne. at 9Th
Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-10

112t DIST St. NV. d. 7-0111
MERCURY '52 Custom 4-door sedan;
equipped, 500; "a 2-door sedan;
Merc-O-Ma equipped: S1,399.
HORNETS COR, Buick Dealer.
Fla. ave. ne. at 9th. Ii. 6-6464