Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-07-27
Mallory Ruling Seen
Having National Effect

IWVluS iNul
Continued From First Page
feara about the impact OF the
decision In their areas or speci-
fically recommended Clarity
ing legislation. three more
prosecutors told The Star last
week they now believe legisla-
ton Is necessary.
Cases Tell Story
These cases tell the story:
In q routine search Of the
French ship Liberte. customs
inspectors discovered packages
containing 600 watch move
ments under the fioorboard Of
q locker IN q ship musicians
room. Customs agents we're
called and awaited the return
OF the musician.
When the musician came 10
his cabin. II developed that he
spoke only French. The chief
musician was then called 10 act
as interpreter. The musician
at first denied he was trying
TO smuggle the watch move
ments, but. according TO the
evidence. he admitted the
smuggling plan after 80 min
utes Of questioning. Within 90
minutes, the Judge was later
told. the musician gave a writ
ten statement to the captain.
A New York Federal Judge
ruled in April that both the
oral and written statements
had to be withheld from the
jury because Of the Mallory
decision.
In Jacksonville. Fla, a man
was arrested and turned over
to the Secret Service at $50
am. for questioning on a
charge Of forging a Govern
ment check. According to Sc
cret Service agents. he orally
admitted participating in the
forgery and furnishing hand
writing samples. At 1890 ale.
he was turned over to the
United States marshal to await
a hearing before the United
States commissioner.
Dismissal Ordered y
When the case went to trial
in April. the defense moved to
exclude the confession and the
handwriting sample on grounds
Of the Mallory decision. The
Judge did exclude them. At the
end Of the Governments case
without the key evidence, the
Judge granted a defense mo-
ton to dismiss the case.
In a Baltimore case, the court
declined to admit a written
statement but allowed the jury
to hear an oral statement.
Another Baltimore case involv-
ing the Mallory decision is
pending.
In a Dayton (Ohio) case, the
Federal Judge set aside the
conviction on the ground the
confession should have been
excluded under the Mallory de-
cision. Although he made the
decision at least six months
ago, he has never set a date
for the retrial. Court circles
theorize that he is waiting
either for clarifying legislation
or a clarifying opinion.
In a Massachusetts, court, the
judge ruled that the Mallory
decision was involved and set
aside the jury's guilty verdict
in an immigration case.
Confessions Rejected
An appeal has been filed in
a Chicago case. A man accused
OF stealing diamonds from an
interstate shipment was ar
rested at ! pm. According to
the evidence at the trial. he
confessed in IS minutes and
thereafter agreed to a search
OF his apartment. He was
brought before a committing
magistrate the next morning
AT his trial, the defense cited
the Mallory decision and argued
there had been unnecessary
delay between arrest and ar
raignment and the confession
should therefore be excluded.
The Government cited the
opinion of District Court Judge
Alexander Holtzoff here allow
ing a jury to hear a confession
made within 30 to As minutes
after arrest. The Chicago Judge
allowed the confession to be
used but the appellate court is
yet to rule.
The position Of the Fourth
Circuit was made clear in a
decision handed down in Nav.
A man was picked up by Nor
folk police while trying to cash
an altered postal money order.
He was then questioned by
postal inspectors from Sis pm.
to 1890 pm. when, according
to the court review of the case,
he confessed.
He pleaded guilty in May,