Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-03
Mallory Case


case was long overdue. In fact,
the only mistake the courts
have made in regard to police
methods has been the sanction
of questionable Flaw enforce
ment" practices in many in
stances.
The rule that a man may
not be convicted by a confess
sion obtained under question:
able circumstances is one of
our most important safeguards
of American citizenship. This
rule has been with us from time
immemorial. Many of us seem
to forget from time to time and
join the hue and cry of the mob
for the necks of men who have
been accused of unpopular
crimes. The man who has been
accused of such crimes is more
in need of constitutional guar
antees of due process than
those who would strip them
from him. Those who cry for a
disregard of rights as soon as
someone is accused of a foul
deed do not seem to realize
that the same disregard may
someday be shown for their
rights. After all. anyone may
be accused of a crime. We are
not immune to accusation, you
know.
I only hope that a newspa-
per report that the Chief of
Police intends to Operate as in
the past" was a misquote. If
the chief can deliberately flout
the law which he has taken an
oath to uphold without pay
ment of huge sums in damages,
which I doubt he can do, then
so can the rest of us. From
such conduct can only come
anarchy and chaos. We would
then be back to the days of
the Bastille, or rather, back the
rest Of the way to the Bastille.
Some writer's talk of freeing
a confessed" criminal as
though the Police Department
was stated with Gods own
angels and uses only the Col
den Rule in obtaining confess
sions. In Massachusetts, a
short while ago, the courts
freed a confessed" robber.
This so-called robber had spent
fruitful years of his life in a
State penitentiary. 1t so hap
pens that this confessed" rob-
Der only confessed because the
police extracted his statement
by using methods that belong
in no civilized community. The
Massachusetts Legislature has
recently had under study legis-
lation designed to clear" many
confessed" witches burned at
the stakes over a hundred years
ago.
The courts realize the danger
of admitting as evidence con-
LESSONS obtained without full
protection of due process. Re-
Gently. they have shown a
tendency away from rendering
popular" decisions in order to
satisfy popular" justice, or
the cry of the mob. On the
Fourth Of July we Americans
can sit back and stick out our
chests when the politicians ex-
toll in fiowery phrases our priv
ileges from arbitrary arrest and
convictions brought about by
improperly obtained confess
sions. And we will not live in
glass houses when these same
tireless speakers begin to LAM
basic those countries in which
such dignity is not enjoyed.
r. c. Wright.
Editors note: The Mallory
case did not turn on any
constitutional issue. nor was
there any claim that his con-
fession was extorted. The
only question involved is the
length of time police may
hold a suspect before arraign-
ment.)
Your headline June 26)
Freeing of Mallory Called Big
Loopholes for Criminals is
definitely true. The statement
by Assistant Attorney General
Warren Olney, "A great many
serious crimes will 60 unpun-
ished but the court will
not listen to the truth .
also is true. Why are our law
makers so obtuse in their law
making?
1t has been embarrassing to
read recently all the singular
laws or decisions that have
been thrust upon an apathetic
public by our erudite but
hindsighted Supreme Court.
Is America going to become
the grazing pasture for the
salacious criminal. the muir
derer. the extortionist and the
Communist to gaInbol in7