◆ SpookStack

obbs Submifs Bill itting Court Curbs : OAMcNabb Decision: a 4 Alter scoring th 8 decisigg, In the McNabb casa as “olson in the creek,” Represent- ative Hobbs, Democrat, of Aiabama, a member of the House Judiciary Committee, today introduced a bill! ‘to Hift the restrictions on the ad- missabllity of evidence in criminai j cases which the court ruling of last March imposed. Mr, Hobbs attacked the decision and announced his intention to iIn- troduce corrective legislation at a meeting of the National Sheriffs Association at the Willard Hotel lafter Henry A. Scheinhaut, a special jassistant to the Attorney General, described as a “mess” the situation in the courts of the country as aftermath of the McNabb case. In that litigation the Supreme Court reversed the second-degree murder convictions of three youthf Tennessee mountaineers, Benjamin, Freeman and Raymond McNabh, om the broad grounds that they were de tained for questioning too long be- fore arraignment and that the statements in connection with the tal shooting of a revenue ag £ not admissable evide ainst them. Mr, Schweinhaut also. said # areme Court was in error in as- suming the men had not been ar- raignéd promptly. The record which the court acted was silent that point. While the arraignment on the murder charge was delayed, Mr. Schweinhaut continued, the me were arraigned on a liquor char shortly after arrest and were pop- erly in custody when confessions werg obtained about 48 hours later, Sheriffs te Back BOL The association later adopted resoiution declaring that the asszall decision had produced “misca of justice” and calling on Congr and the State Legislatures to ad a uniform jaw on arrest, deten’ and questioning. Under the present uncertain dittons, the resolution said, “ officers of the Natlom are faced the hopeless dilemma of obeying ‘aw’ on the one hand and pr society, which they serve, om othar"™ “The polson in tha creek hag resulted from the McNabb is one of the most serious that those of us connected law enforcement ever have had. He added that the ruling the door wide for the rankest of fratd on the part of police officers.” “"#hington Eventng Star c - vember 18, 1943 “NOL RECORGED 7 NOV 26 1943 I70 9 NOW 30 1943 02 ( der the Hobbs bill) no f. to Pbserve any requirement of Ia asfto time of arraignment wo “raider inedmissible any eviden otherwise admissible.” He said that if the sheriffs any better ideas for correcting “‘t new rule of evidence” the Supre Court had set up, he would be gl to have them. He added that gress wanta to co-operate in matter. Mr. Schweinhaut recited a n ber of instances—two in the 1 courts—in which the Governme has sustained, reverses aa a res of the McNabb decision. He a told the sheriffs that, br Implication the court had invited State co to follow the rule it lald down a: that State officers everywhere m find their courts taking cogn: ofthe ruling, n District’ Court earlier this w JuBtice David A. Pine ordered adfulttal of Maywood Wilbern, ou charges of housebreaking a attempted criminal assault, on basis of the McNabb decision, Ear lier the Court of Appeals reve the conviction of James P. Mitchelf, socalled “soclate burglar’ on th Ne eee Py nL ah, Uo Al _ persona convicted of treagan jone convicted murderer as exam where criminal charges had before the McNabb decision, — Treagem Convietions Reversed; | jteurs. The three men were tenced ta death and the women lift imprisonment, but the Sew Cireuik Court of Appeals r the convictions. ie Schw Schweinhay said, however, that he dea “not bg lleve that the McMabt rule is goin to be as harah apd absolute as sor of the Pederal ¢ courts now, think. Ww . Tn opening todays meeting, wh & called the Sherifis Executive nferenss, ¥ & Souler, 0 hr Acera oo. Mr. Carsom ..... ide. Headom. ©... Ma. Mum fea F Cus Tegmm,___ dee bent nial —— few Mn - 4