Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-10-29
SoIvinq q Murder

On March Of this year M1KSa
Merson, former concert pianist, was
dubbed to death on the street near
his home at 1914 Ashmead place NV.
This was a savage, brutal murder in
the course of robbery which Melted
the killers 500 in cash.
The man who beat him to death
with a tree limb, Wilson Smith, has
been found guilty and sentenced to life
Imprisonment. His accomplish, Ray
mond Bowden, II at the time and
described by Judge Luther Youngdahl
. as a Child" has been found guilty
of robbery and is awaiting sentence.
Surprisingly, he was cleared of the
murder charge when the judge granted
a directed verdict of not guilty.
These convictions, however, hang
by slender thread. Under his inter-
probation of the Mallory decision, which
requires arraignment Of an arrested
suspect without unnecessary delay,
Judge Youngdahl barred most Of the
prosecution evidence against this pair.
Included were confessions that were
clearly voluntary and truthful, finger
prints, etc. All that was left OF any
consequence to put before the jury was
the testimony of a 14-year-old boy,
who was involved to some extent in
the offense and who named Smith and
Bowden as the real culpritS. Fortunately,
the jurors believed the boy and returned
the guilty verdict.
But it was a close thing. Judge
Youngdahl said he had "a firm and
abiding conviction" that the testimony
of the 14-year-old should be excluded
because the police first learned of his
existence from statements by Smith
and Bowden while they were being
illegally detained. Not that their state
ments were coerced or untrue, or that
the testimony of the 14-year-old was
false, but simply. that a technical rule
had been violated. Since the Court of
Appeals had not passed on this par
ticular question, the judge let the test1-
mony go in. But his inclination was
to bar it, and-tf 1t had been barred that,
in all probability, would have led to the
acquittal of vicious killer. Further
more, the Court of Appeals may yet
reverse these convictions and rule out
the testimony Of the IA year old.
If that happens, Smith and Bowden
almost certainly will be turned loose
to roam the streets of Washington in
search of new victims.
Smith, arrested as suspect in a
purse snatching, was held by the police
for some go hours prior to arraign-
ment and this undoubtedly violated the
Mallory rule. It was this illegal deten-
ton, however, which led to the solution
of the Merson murder. Without it, the
killer would not have been caught. So
the familiar question emerges once
again: Is justice concerned only with
technicalities which enlarge the pro-
lection ef criminals and progressively
narrow and restrict the limits within
which the police may operate? Or is
the right of the public to be protected
also entitled to some consideration? If
Smiths conviction is reversed we will
have the answer.
Borrowing language from Su-
preme Court ruling, Judge Youngdahl
said convictions should be obtained by
methods which commend themselves
to a progressive and self confident
society" This is a glittering phrase
with a nice ring to it, but no Judge,
as far as we know, has ever said what
these methods might be, And we doubt
that any Judge will. There is only one
way to balance the scales which have
been tipped so heavily in favor Of the
criminal and against the public by the
Mallory rule and subsequent judicial
interpretations. This is for Congress
to provide that a confession which is
otherwise valid shall not be held mad
Missile merely because of reasonable
delay in arraignment. If Smith is turned
loose we may move closer to such
LEGISLATION