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ee 4 gh Co officers i | WRSHINGTON, May 7 (UP).—| , The United Staté$ASupreme Court lin a 5-4 split today ordered a new ‘trial for three former Georgla po- : lice officers who were sentenced by a Pederal court to three years itm- . prisonmeni and $1,000 fine each for allegedly beating a Negro prisoner ito death. The majority opinion, written by as William ©. Douglas, as- | LES ve ri #1 ap ‘ 4 ‘ TS Tite Sew, ‘state jurisdiction. He said the new itrial ¢ was necessary because er ef intent on the part of the officers had not been submitted ‘properly to the jury. ' Justice Owen J. Roberts dissented, Joined by Justices Robert BH. Jack- ‘son and Felix Frankfurter. In & separate dissent, Murphy sald: : “Fee ofien, whpopwiar mineri- ties, such ag Negroes, are unable te find effective refuge frem the erueliies of bigoted and ruthless | authority. States are endogbtediy j See penishing their of- Hl flcers whe commit such outrages. Negro serted that the Federal Govern-| But wher, are unwilling for seme presecute such crimes, eral Government must step unless constitutional guaran , are to become atrophied.” BITTLEnG:c VOTE Justice Wiley B. Rutledge said he +4, joined in Murphy's views but thatP he voted with the majority to oe | vent a stalemate.’ The officers, M. Claud fecrews,” ank Edwarg{gones and Jim Bob ntended that the prigonet, - all, ot Newton, Ga. had tened with a shot gun in re-|- sisting atrest. They also argued) that Federal courts do not have jurisdiction to try state arresting } officers for the crime of assaulting state prisoners. i Douglas said the government doss| ' have such authority under an 1872. Federal crimins! statute. i He sald the men must be tri on the Oasls whether thelr ac were Willful or in bed faith. “The presence of a bad p or evil intent alone may not be suf-’ 9 La A peoEst} > ty 44 L#6 Dt 87 May 31 1945 This is a clipping fr page 2 ¥ of the | DAILY SJORKER ——eee eager Pa Fate 5 Clipped atthe Spat Cade a Governme