Evening star., 1960-04-23
Mallory Is Indicted
In. New Rape Case
Philadelphia
Holds Figure in
Key Decision


before arraignment on rape
charges, has been indicted in
Philadelphia for rape and
burglary.
Mallory. a 24-year-old Negro.
was arrested in philadelphia
last March %. Victor H. Blanc,
Philadelphia County district
attorney, said Mallory is ac-
cused of breaking into a ROOM
ing house on North Twenty
second street in Philadelphia
and raping a Negro woman.
Mallory was indicted on April
5 and is scheduled to 60 on
trial May IL. Mr.. Blanc said
the maximum sentences are 20
years for burglary and Is years
and a $1,000 fine for rape.
Record Is Asked
Washington police first
learned of Mallory'S arrest yes
terday when Philadelphia au-
thorities requested information
on his police record.
Mallory was arrested here in
1854 and charged with the
rape of a 38-year-old house
wife who lived in the 1900
block of Twelfth street NV.
He was arrested the following
day and admitted the rape,
according to police.
Police attempted to arraign
him at 10 p.m.-seven and a
half hours after he was arrest
ed-but no arraigning officer
could be located and he was
not arraigned until the next
morning.
Mallory was found guilty on
June "a. 1855, by a District
Court jury which recommended
the death penalty. Mallory's
appeal went all the way to the
Supreme Court, which ruled in
June. 1857, that the confession
was invalid because of the de-
lay in arraignment. A new
trial was ordered.
Mallory Freed
Mallory was freed two DAYS
later when United States At
torney Oliver Gasch asked that
the case be dismissed. Mr.,
GaSch told the court that with
out the confession there was
no reasonable chance of OBJ
tanning a conviction.
The Supreme Courts de-
ciSion. which became known as
the Mallory rule, had far
reaching effects on police pro-
cedure. Efforts to clarity the
Mallory rule brought a heated
controversy in Congress and
within the law profession.
Washington police complained
and still do-that the Mallory
rule requires such hurried ar
raignment there is not suffi-
cient time for proper interro-
cation Of suspects.
In an attempt to avoid re-
verSals Of convictions for delay
in arraignment, arraigning Of
tlcers are now on call "a hours
a day, seven days a week.
Keating Measure
Senator Heating, Republican
of New York. introduced in 1858
legislation to clarity the Mall
lory rule.
Differences between the SEN
ate bill and a House version
were ironed out on the last
night of the 1858 session. The
conference bill was passed by
the House but died in the SEN
ate on a point of order.
Last year the House approved
clarifying legislation but there
was no consideration of the bill
on the Senate side. While there
was considerable support in
both Houses for the legislation,
a controversy over the language
in the bills could not be re-
solved.
Senator O'Mahoney. chair
man of the Judiciary Subcom-
mittee which held hearings on
the legislation. insisted that re-
vision of the law include the
word reasonable" before de
lay"
Revised Wording
So qualified, the revision
would read:
Evidence, including state
mentS In confessions otherwise
admissible, shall not be mad
misSible solely because of
reasonable delay in taking an
arrested person before a COM
missioner or other officer en-
powered to commit persons
charged with offenses against
the laws of the United States"
The House did not want the
word reasonable" in the re-
vision.
A number of defendants here
and in other Federal jurisdic-
tions have gone free on sue
ceSsful appeals based on the
Mallory rule.
In January, 1858, less than
six months after he was freed,
Mallory was charged with
housebreaking and assault on
the daughter Of a woman who
had befriended him. The
HOUSEKEEPING charge was
dropped, but he was convicted
Of simple assault and rau-
fenced to 100 days in jail.