Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-24
Death Sentence
lis Set Aside on
Delay by Police
D. c. Man Was Held
Overnight Without
Charge in Rope
BY ROBERT X. WALSH

AiC ldPC COIVlCLlOIl QedLH S6us
tence of Andrew J. Mallory,
Washington Negro, was reversed
by the Supreme Court today be-
cause of extended delay" by
police here in arraigning him
after arrest.
The unanimous opinion deliv-
cred by Justice Frankfurter de-
clared that the delay in this case
resulted in a confession by NAL
Tory and that the long lapse of
time from his early afternoon
arrest to arraignment before a
United States Commissioner the
next morning cannot be sane
toned.
I'VE cannot sanction this ex-
tended delay resulting in confess
sion," Justice Frankfurter said,
without Subordinating the gen.
eral rule of proper arraignment
to the discretion of arrestine
officers in finding exceptional
circumstances for its disregard. &"
In every case where the police
resort to interrogation of an ar
rested person and secure a con-
fession, they may well claim.
and quite sincerely. that they
we're merely trying to check on
the information given by him
+. 1t is not the function Of
the police to arrest. as it were,
at large and to use an inter-
rogating process at police head
quarters in order to determine
whom they should charge before
a committing magistrate on
probable cause"
The decision means that NAL
lory goes free from the District
Court conviction and death SEN
Itence for the rape of Mrs. Stella
lO'Keane in 1854.
Lawyers Interested
The appeal of the 22-year-old
Negro attracted interest among
lawyers and law enforcement
officials here because Of its BEAR
ing on the length of time police
can properly hold a prisoner
without aIraigning him on spe-
cific charges. 1t especially raised
again the question whether a
confession. even though volun-
tary. can legally be admitted as
evidence at q trial II the de-
PENDANT made 1t in the course of
a prolonged detention.
The Government contended
that Mallory's confession not
only was voluntary, but, under
the circumstances. was admis-
sible under the so-called McNabb
rule. That earlier Supreme Court
ruling said that a confession,
even though voluntary. is in
admissible If made during un-
necessary detention prior to
bringing a prisoner before a COM
hitting magistrate on specific
charges.
Authorities have interpreted
this as meaning that "unneces-
Sary detention" cannot be meas
ured in terms Of the time ele-
ment alone. AS was argued be-
fore the Supreme Court last
April in the Mallory case. an i'm
portant factor is the reason
ableness" of the detention in the
light Of circumstance surround
ing the custody and confession in
each case. the purpose behind
the detention and the manner in
which the delay was used.
Conviction Affirmed
Mallory was convicted and
sentenced to death for the rape
OF Mrs. Stella OKeane in the
basement Of a house in the 1900
block of Twelfth street in April
1854. The United States Court OF
Appeals affirmed the conviction
Judges E. Barrett Prettyman and
Walter Bastian held that the
Mallory confession had been
properly admitted as evidence
Judge David L. Bazelon dissented
because he felt there had been
unreasonable delay in arraign-
ing Mallory.
Mallory and his two nephews
were arrested about 2:30 pm,
See MALLORY, Page At