davidaulloa/AmericanStories huggingface dataset:
Evening star., 1963-03-17

night that what District law
enforcement officers need is
Qualification of the Mallory de-
cision, under which a confess
sion was thrown out because of
a seven-hour delay between ar
rest and preliminary hearing.
Confession Involved
"The real difficulty" he said,
"is that I don't thinL it's pos
sible for police to know at this
point what they can and can
not do.
LAS for the prosecutors. they
may have a good case without
the confession but they are nat
urally inclined to include a
confession, If they have one
The District Court judge may
admit it. but l. the Court oi
Appeals reverses the conviction
because of the confession. the
case has to be tried again."
Emphasizing that the present
confusion isn't good for the ad.
ministration of justice here, Mr.
Katzenbach said. What w
seek is predictability."
He explained that the mair
purpose of legislation would bC
to provide rules sufficiently
precise and clear so that police
could conduct themselves ac-
cordingly and prosecutors coulC
be reasonably sure that WHERE
police complied with these rules
the confession would be ad.
mitted.
Mr.. Katzenbach described thu
departments role in this way
United States Attorney DaviC
Acheson raised the question o.
how to clarity the Mallory rult
and the department is activel!
interested in helping him solvl
lit.
If legislation is forthcomin
and the chances are good tina
1t will be - the District Com
missioners would present it t
Congress because it would b
Evening star., 1963-03-17

legislation solely for the Dis
trict.
Mr.. Katzenbach said the de-
partment's approach was that
legislation should be consistent
with the thinking behind the
Mallory decision = that there
should not be questioning long
enough to raise a presumption
of coercion.
The crux of the problem, he
said, is what constitutes un-
necessary delay between arrest
and appearance before a COM
mitting magistrate. He said
the question Of time not only
depends on many facts and
circumstances but creates
many problems for both police
and prosecutors.
Four Proposed Rules
In Mr.. Katzenbach's view. a
delay simply for questioning a
suspect should not be a cause
of excluding a confession II
these rules have been complied
with:
i /. That the prisoner has
been advised Of his right
against self determination.
2. That the prisoner has
been advised Of his right to
counsel.
3. That the questioning is
within a certain time limit
possibly six hours.
4. That some method Of
verifying the police procedure
was available.
!, On the question of verifica-
tion, Mr.. Katzenbach said this
, could be by a sound recording
of the questioning or by an
! impartial witness. Either the
recording or the witness would
: verify that the police had
0 warned the prisoner and ad-
e vised him of his rights.
Evening star., 1963-03-17

IF THE LONDON County
Council had to rehouse dis
placed families on land with
in the county, alone, 1t would
have to throw up its hands
and call a halt to improving
the worn-out parts Of the
city, to providing highways,
and to other needed mod
ernization and change.
Instead, by agreements
with surrounding parts Of
Greater London, 1t has been
able to build roughly half
the 100, 900 postwar units in
areas outside the county.
Making provisions for this
"overspill" of city population
has been one Of the many
thorny problems London has
faced up to long ago. It
would be a mistake TO make
too-close comparisons be-
tween the problems Of Lon
don and those OF Washing
ton. But It is clear some Of
the problems are similar.
One washington problem
has to do with the future Of
low-income and moderate
income families faced with
displacement from their
homes in a city In which
land Is limited, scarce and
high-priced, and in which
the amount Of land for
residential use is steadily
shrinking.
To minimize the complex
ity Of this question would be
unrealistic. But not TO face
It would be worse. Unless a
means is found TO provide
decent homes for some dis
places outside Washington,
efforts to renew the city will
come to a halt and a new
era OF deterioration will
follow.
Evening star., 1963-03-17

breed Of cat, I think. Rugged in
dividualists, probably. One thing
about the Street I don't think
exists any more but did then,
is If any lawyer got in trobule
everyone took care Of him"
Mr.. Mckenzie has warm
brown eyes and an aim o I
cherubic face but is known to
fight long and loud in court
rooms. He said with q soft
smile, II can be kinda noisy" /"
He looked out the window,
over the plants his secretary
wife. Mary. has cared for over
the years.
Operated by Pete
I'VE used to be in the Co.
lumbar Building before the
Federal Aviation Agency took
1t over. and next to us used
TO be a humpty dumpty little
building. where that parking
lot Is now.
See that new building at d
and Indiana avenue? Used to
be q place operated by i Greek
named Pete. He had these big
tables like the old restaurants
used TO have. If a case was
going on we'd all go down
there and start talking. Pretty
soon we'd shove the tables to-
gether. There'd be 20 people
sitting there drinking and soon
no one knew what wa going
on. or cared.
Pete died a very wealthy
man." he said and with perfect
comedians timing paused and
added. "he cared"
Myron Ehrlich was a mono-
tone Of elegance with his gray
hair, gray suit and vest and
grey tie as he sat In his chair
and said, I'VE used to drink
liquor and 60 to the race track
tJgether. Waiting for the jury
TO come back we used to play
cards"
Mr.. Alder said. Minor in
fractions were not so terribly
important as they are now
and Mr.. Ehrlich seconded the
motion with "other than seri-
GUS offences. the public and
everyone else. had very little
heart in II. Nobody cared much
about gambling and liquor con-
victions. Antipathy TO this is OF
more recent origin"
The courts were so relaxed
then that Mr.. Ehrlich told OF
Evening star., 1963-03-17
Continued From Page Al

Continued From Page Al
SOS and COS today. who remem-
Der their apprentice days. Mr..
Emerson was called The Chief;
Mr.. Whalen was nicknamed
"The Whale"
Mr.. Alder, heavy set and
silver haired, recalled this
week, 81 started with Whalen
| in '29, toward the enc of pro-
Fhibition. I still remember one
little Italian gangster shouting
TO some friends, 'give-a- ne two
witnesses and-a the Whale and
I beata anybody"
Denny Hughes, Jimmy's
brother, was described as "the
aristocrat of the bunch - the
one who belonged to the Wash
ington Club and had judges for
friends. Because he did some Of
his best work outside the court
room, he was called "the
Adjustor."
Also "The Vest"
His brother Jimmy. still a.
dapper dresser who is not op-
posed to giving a female a
glance, said with q grin that
he was called The Duke" Sar-
torial competition came from
Eddie O'Connell. q New York
Irish dandy II there ever was
one" nicknamed The Vest"
And Charles e. Ford. who
could get his 220 pounds out Of
a courtroom chair in q second
to shout "foul" II he felt a
client was being maligned. was
tagged THE Fifth Street
Cicero"
T. Emmett Mckenzie said.
Ford and Denny were like
captains of two baseball teams.
Both were leaders trying to
outstrip each other. Alder and
I were both apprentices; he
with Ford ard me with Denny.
Between those two, at one time
they controlled 90 per cent Of
the criminal cases"
Mr.. Ford, who like all Fifth
street lawyers had an abhor-
ence Of the word conviction,
was proud that none Of his
many clients went TO the elec-
trio chair.
Mr.. Ford's lighter moments
were spent at Jimmy La Fon-
taine's gambling house in Mary
land, called THE Road" The
Hardway" or simply "Jimmy's"
after the veteran gambler who
kept the place going for years
largely through the lawyers ef-
forts, both in court and at the
gaming tables.
One of the old group said,
"Ford was a good advertisement
because when you saw him win
min and losin' you got TO figure
II the place is good enough for
LaFontaire's lawyer. It's good
enough for you"
When he died Mr.. LaFon-
taine named Mr.. Ford executor
of his 81 million estate. Mr..
Ford was estimated 10 have
made over q million dollars off
Fifth street, but. like many
others, he followed the un-
spoken axiom Of Fifth street
that as soon as you got a fee.
you spent 1t.
ut was q boisterous place
down here" said Mr.. Mckenzie.
Trial lawyers are q peculiar
Evening star., 1963-03-17

she found hpstick on his collar.
He was convicted Of man.
slaughter.
Another tragic case in the
'40s was Maude o. Summers, q
woman of limited intelligence.
She didn't know what to do
when her 17-year-old daughter
became pregnant" said Mr..
Alder. Afraid to tell her hus-
band, she knelt beside her
daughters bed one day. prayed
and then shot the girl. She
was acquitted by reason Of
insanity"
The criminal lawyers have
withStood the criticism through
the years Of many who ask
how they can defend gamblers,
thieves and murderers. Their
consistent answer is "a person
deserves a right to fair rep
reSentation."
On DOwngrade
One of them said. IF took
all the insults and letters Of
protest I've received to heart,
I'd have been Jut Of business
years ago."
When their thoughts turned
from the past to the present, 1t
was with regret.
Fifth ST. set has been de-
teriorating for the last is to 20
years. The cases, the compile
ment Of the jurles are changed.
Trial work is just not the same
battle Of wits any longer" said
Mr.. Hughes.
There isn't any law profess
sion such as we knew 1t before
the war. There weren't as
many administrative and cor
porate representatives and
lobbyists. These people don't
know where a court building is.
They wouldn't know how to
walk into q courtroom" said
Mr.. Ehrlich.
ITO show you how time
changes people. including law
yers. I remember when real
trial lawyers tried any kind Of
case. Then some started look
ing askance at criminal cases.
had a lawyer ask me to take
a case recently. He S Id he'd
appreciate 1t If didn't tell
anybody he referred 1t 10 me
because he didn't think his
clients In civil matters would
appreciate him taking criminal
cases.
Mr.. Mckenzie SAID, THE
towns Just not peopled with
the same kind of characters.
I'm an aLachronism down here.
I'm So years Of age and here
/ am, selling snowballs In
Alaska"
And Jimmy Hughes. although
he has left Fifth street, says
he's giving his all TO bring
back the flavor o. the old days
and at the same time 10 pro-
vide the District with addi-
tional revenue.
He and his associate Ben
Noble are heading up the
Committee for the Legaliza-
ton Of Gambling In the Dis
trict OF Columbia"
Mr.. Hughes said. II have al-
ways been an advocate Of ma
tional lottery"
Spoken like a true Fifth
Streeter
Evening star., 1963-03-17
Justice Officials Act
To End Mallory Fog
Work on Legislation to Clarity
Procedures on Confessions
BY MIRIAM GUTENBERG
Star staff Writer

The Justice Department is working legislation to give
Washington police and prosecutors these ques
tions:
When and under what circumstances can police question
prisoners2
When is confession gained through this questioning ad
mssible in court?
Deputy Attorney General Nicholas Katzenbach said
Evening star., 1963-03-17

man named Joseph Medley was
convicted and executed for kill
ing a woman following a poker
party.
Mr.. Laughlin defended World
War us infamous Axis Sally
for treason.
Mr.. Ehrlich won an aquittal
in the Court of Appeals when
he was appointed to represent
Grover L. Isaac, who killed two
small boys after their mother
spurned him. He was convicted
but later adjudged insane.
Another of Mr.. Ehrlich's "re-
jected suitor" cases made
headlines Just three years ago.
John s. Sweeney, a blon: 20
year-old who stabbed his coed
girl friend TO death on the
American University campus In
April of 1860 was found not
guilty by reason of insanity.
AcqulttaI Protested
A still more famous case Of
Mr.. Ehrich's involved two po-
licemen charged with narcotics
conspiracy and bribery. Police
1t. H. H. Carper and Sgt. Will
liam Taylor were alleged to
have accepted money from con-
victed narcotics kingpin James
(Jim Yellow Roberts and
other drug peddlers.
They we're aquitted by a jury
In 1854 amid the protest OF
many Of Washington's leading
citizens.
Mr.. Alder, who died
James Hoffa's assault case last
summer before the Govern
ment dismissed IL, defended a
gangster In q "shoot-em- out
duel In an after hours club
Joseph Nesline was indicted for
killing George p. Harding.
They met on the stairway
OF the club. Nesline claimed
Harding pulled a gun and he
shot in self defense. The Jury
found him not guilty" said Mr.
Alder.
When Alder and Mr.. Ford
were associates. the two worked
Jointly on several cases. with
Mr.. Alder often handling the
paper work and Mr.. Ford TAX
ing over the trial.
One such case was the 1905
lipstick murder A mar named
George A. Austin killed his
wife during an argument when
Evening star., 1963-03-17

one old crotchety judge who
wouldn't sit on a case for more
than As minutes.
During one of his many re-
cesses ! went across the street
and played the pinball ma
chine. I shot a hell Of a score.
Finally I won So and beat 1t
back to the courtroom. The
Judge was purple. He started
screaming I was wasting the
Jurors time. I told him where
/ was and said it was because
Of his recesses. He banged the
gavel down and said, now ]
am going to take a recess and
stayed out a half hour"
Overflow Of Stories
During the l3 years Of pro-
hibition, which no one but
Carrie Nation really warted to
take seriously, the courts coll
lected a daily overflow of vio-
laters and the Fifth Street Bar
Association collected q sizable
sum Of anecdotes.
One is that the press room
in police headquarters mon
strous crumbling building on
Indiana avenue which, in the
interest o. beauty, was torn
down-was conveniently locat-
ed under the room where boot
Logging evidence was stashed.
Late at night the fire escape
leading from one floor to the
other became a well-traveled
road.
"The old police court build
ing was right across from our
old Offices" said Mr.. Ehrlich.
THE lookup was on the Sec
ond floor and the guys would
shout out the window, wanting
TO know II anyone was a law
yer over there"
One court clerk remembers a
backlog Of 1900 prohibition
cases. "A guy would get out on
bond and before they'd get to
the case he'd be arrested five
or six more times. Half Of the
police department was the liq-
uor squad"
Evening star., 1963-03-17

mendation even If he hardly
heard anything. banged his
gavel and said, You Rave got
to stop this noise. / Just gave
a man 90 days and ! never
heard q bit Of testimony"
The roads leading to Fifth
street were varied. Mr.. Alder
was on his way to being an
uptown lawyer after gradua-
alton, but the corporation
which was going to hire him
folded with the stock market
crash.
Jimmy Hughes followed his
older brother Denny to Wash
ington from Stubenville. Ohio
when started to practice
criminal law. I'd 60 down tc
court and listen to the best oi
them and try TO put words to-
gether like they did," Mr.
Hughes said.
Caught Hitching Ride
Another Fifth street lawyer
who Is still living was giver
train fare by his father TO gel
from his Montana home II
Washington and GeorRetov. )
Law School. He lost the money
gambling, hitched a train ride
east and was caught in Penn
sylvania.
He already showed an apti-
tude for becoming a lawyer
When the Judge asked him why
he hitched the ride, he looked
at him with innocent SINGER
ity and said he had no money
and wanted TO 60 TO law school
The Judge let him go. sayinl
any boy who wanted an edu.
cation that badly had hi'
DleSSlIlBS.
Their years on Fifth street
have given the lawyers a mixed
bag Of amusing cases and seri-
Gus. vicious criminal cases.
It Is the light cases they re-
call most easily and each oi
them has a favorite story. Mr.
Enrich told about a woman
client Of his. He had a neigh
Dor on the stand and asked
her TO testify as TO his clients
truth and veracity."
"The phrase threw her. She
looked blank for a moment and
said, Mister, some say she dc
and some say she DON'T"
Mr.. McKenzie's favorite con-
Germs Eddie o'Connell--"A CO.
lmedian In q courtroom. He
Evening star., 1963-03-17

could turn a lawsuit into q
farce and that's not easy.
There was q raid on a
massage parlor,' where tired
citizens in search of excite
ment we're well taken care Of.
you understand. There was
this old codger who every time
he got his pension check would
come to Washington and stay
there until the money was
gone.
HE was a Government wit
ness and when O'Connell cross
examined him, O'Connell asked
how he knew where this place
was. The man said he had a
built-in sense Of perception and
when he neared 1t his nostrils
twitched. He was a regular
bloodhound.
"O'Connell peered at him
and said. Now this nose Of
yours, does 1t twitch Just on
payday?' The courtroom broke
up but the guy answered Well.
most Of the time. yes"
One Of the ploys the Fifth
street lawyers quickly learned
was to try for q continuance OF
cases. A past master at this
was James ]. Laughlin. De-
scribed as "a loner" by the
Fifth street gang, his offices
we're always In the uptown
Press Building, but Mr.. Laugh
lin. noted for his shrewd ability
TO find legal loopholes. was and
still is often around Fifth
street at court.
More Years and Days
One Of his many continu-
ances concerned "a man who
had a dog in his home. They
tried TO evict him. I filed
against q rental agency and
kept 1t going three years." said
Mr.. Laughlin. when the man
came to court he said, Your
honor. I started with one dog
and now I have four
But It was the serious cases,
the tense days Of testimony on
murder. narcotics peddling.
treason and bribery that filled
courtrooms and headlines, that
had the lawyers working round
the clock.
Jimmy and Denny Hughes
handled the Medley murder
a famous l945 case In which
an escaped convict and lady's
Evening star., 1963-03-17

There was little order in the
courtroom at times with all OF
them waiting TO be tried" Mr.,
Ehrlich said. "one day II
sounded like q barroom brawl,
One Judge. who always fol-
lowed the prosecutions recon-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-09
AUroMoBlLEs FOR SALE

VALIANT 'oi Woo 2-dr, sedan,
with !. and n, and floor shift
iSTin.SocSs. ! owner low mileage
Chevy Chase Chevrolet
772b WISCONSIN, AVE.
Home 81 Country Club Used Cars
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-09
AUTOMOBILES FOR SALE

WILLYS '52 2-door. 0-cyl., naw
paint, =. and h.. . new tires. good
shape, 500. o26-4o30.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-09
AUTOMoBlLEs FOR SALE

PONTIAC '5e Catalina 2-dr. hard
top "s". auto. With power steer
ing. Wv, tires, 2-tone blue. low
mileage IilssssSSe. xyvsxee pt SpoIlsy - clean lean.
21st year 1000 o.. ave. NV.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-09
ROsenthal

W AnnAN4lON AltEA6 LAftGEoI
CHEVROLET DEALER
Columbia Pike and 8. 0lebe Rd.
Arlington, We. IA. A-S7O0I
-RONTIAC 1883 E-door hardtop,
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PONTIAC $50 Catalina. 2. and h,
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Across from Eastoyer Hot Dhoppe.
PONTIAC '6l Bonneville. p.s.. p.6..
auto. trsns.. 7. and A.. wy.
Dealer 1888 9. Capitol st., 10.
$500. Across from Eastover Hot
= shoppe.
: PONTIAC '66 4-dr. hdtp.. auto, :.
and h.. Wv. tires. S19b. DEALER,
1858 3, Capitol st.. 10. 1-6500.
Across from EastoVer Hot shoppe.
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owner, spotless. Low mileage. Phi.
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-08-09
RoNTIAC ,Si 4;dO0r, Z, and h.,
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PONTIAC '0i Tempest de luxe 4
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17
DuvuIier Remains
As Haiti Plot Fails

PORT Az PRINCE, Haiti.
April II (AP). Strongman
Francois Duvalier still held
power as President today after
a military plot which q govern
ment communique said had
been foiled.
The communique accused q
colonel who had taken refuge
in a foreign embassy with q
part in the conspiracy. Col.
Lionel Honorat and three other
army officers took asylum in
the Brazilian Embassy last
Thursday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17

elected president December,
1861. In November, 1861, State
Attorney General Thomas B.
Finan asked that the firms
charter be dissolved, charging
the firm with "disuse, abuse or
nonuSe" Of its powers.
Time For Negotiations
Ever since, Mr.. LukaS has
been fighting to keep the firm
out of the receivership sought
by the State.
ION numerous appearances"
Judge Powers said yesterday,
there have been assurances
that in the next few months
these liabilities would be hq-
Undated.
81 consider that the present
state Of negotiations with Mr..
HarmatZ) are in much too
high a nebulous condition to
consider this q basis to delay
action any further" he said.
However, the Judge added
that Mr.. Harmatz could con-
tinue negotiating with the re-
ceiver and in the meantime
would have a chance to look OF
the company's books.
The savings and loan firm
was represented yesterday by
attorney Cary M. Euwer.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17
American international
SCI Receiver Named

Charles T. Finley, a Mount
Rainier attorney, has been ap-
pointed receiver of the Ameri-
can International Savings &
Loan Association, which has
been operating under court re-
strictions for Is months.
The action was ordered yes
terdays by Prince Georges
County Circuit Court Judge
Ralph w. Powers at a hearing
in which the State Attorney
Generals office asked for the
third time for receivership.
In March, 1862, Judge Pow
ers gave the company a final
chance" to show some prog
reSs in paying out more than
$137 900 in deposits Of 172
shareholders.
The Judge said yesterday, be-
fore ordering receivership, that
little progress actually has
been made in the past year and
current negotiations with a
Baltimore real estate man we're
in Q highly nebulous state"
Tells Of Negotiations
Earlier. the judge heard the
testimony of Peter A. Lukas,
president Of American Inter-
national, which had offices in
Baltimore, Takoma Park and
Bethesda. Mr.. Lukas said he
was negotiating with Herbert
]. Harmatz, head Of the Har-
matt Realty Co. Of Baltimore,
who was interested in getting
the firm on its feet so it could
pay It's depositors.
Mr.. Harmatz told Judge
Powers he offered to deposit
$4,000 in the company which,
with the $4,000 it has in the
bank, would go toward paying
depositors. However. he asked
that the receivership proceed
ing be delayed 30 days so he
could check the firms books.
Assistant Attorney General
Franklin Goldstein, arguing for
receivership, said Mr.. Lukas
frankly is not doing a very
good job" Mr.. Lukas was
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17

fendant was arrested March 9
on a charge Of driving under
the influence of alcohol.
She agreed to take the blood
test but refused to sign a
waiver removing the hospital
from legal liability. A second
charge of refusing to take the
test was lodged against her,
She was convicted of driving
under the influence March 8
and the refusal charge was con-
tinued.
The action in dropping the
case apparently knocks another
kink into the States already
beleagured implied consent law.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17

City Attorney Harry L. Mach
man, at the start of the Munic-
ipal Court hearing, moved that
the charges against Betty Jean
Litchfield, 30, be mol pressed
(not pressed.
Judge Forrest B, Wall con-
CURED.
In addition, her conviction
of driving under the influence
Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-04-17
Woman Driver Wins
Row Over Blood Test

NEWPORT NEWS, Va, April
II (AP).-The city Of New
port News has declined to press
charges against a Hampton
woman who refused to waive
her right of holding a hospital
legally liable during a blood test
required under Virginia's I'M
piled consent drunk driving
law.