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AProsted 10 Days Afi mt +8 - Zhe majority noted that Ash- * 7 Oat a er ? t frat} had been taken into custody, 6 B $ 10 days after the crime, about 1 Mr. Rosen adhis orce e'tlock on a Saturday evening and Mr. Traey oo. iWas questio ally until Mr. Caraon ~~. onday morn} 9:30_ o'clock. : Mr. Cotte Canfocctan — stranica notcompiain tt ne “ Goftey WUIEEIN JUOPFUIE was physically abused but he was! Mr. Hendon Mniority Assails ‘Novel Doctrine’ By WILLARD EDWARDS {na 6-3 decision fraught with significance t» the law enforce- m thorities af the 48 States, the breme Court yesterday ruled that s confesSon ins Ten- hessee murder case was ing “nis able because it was obtained after 36 hours of questioning, although no violence had been employed. On this basis, the court reyersed ul the convictions of two men, who chad been sentenced to 99 years in | prison for complicity in the slay- ing of Mrs. Ze#lma Ida Ashcraft, of Memphis, on, June 5,°1941, Criticized by Minority examined by relays of officers ‘antil, after 28 hours of question- ing, he named Ware as the mur- derer, States stands as a bar against the conviction of amy individual in an | Americah court by means of a! cea wonfession,” the majority | ine d. sm TO seizure _ during which period he wag held incémintnicaag With- GME Meep orf st, Telays of ofn- ' a wiihout res Pite ... We think a situation such &s that here shown by un- coutradicted evidence is so inher- .{€atly coercive that its very exist- jence is irreconciliable with the “possession of mental freedom by ;& Jone suspect...” Established Principles Ignored The minority opinion stated: “A cemfession made by one in custodM heretofore has been ad- ‘miss-ble in evidence unless it was proved and found that it was ob “The Constitution of the United | ° Mr. Kramer Mr. McGuire Mr. Quinn Tamm Mr. Nease AA \ ‘yy 0 Miga | ait re ‘ The defendants were E. MR\Ash- tained by pressures 60 strong ‘ craft, 45, husband of the dec ' that it was in fact involuntarily | . frre Jon Ware, 20, a Negro, the made, that the individual will of | L a, ; , BCCol; to the confes the particular confessor had been. _ . ater havin, teen hired by the ®vercome by torture. mob violence, | , ~ ons, & fraud, trickery, threats or prom: “| * husband to cjommit the murder. ises. : i} The Alisserating minority, com “Questioning js an indispensa-' af as ms of Justices Jackson, Roberts | ble instrumentality of justice wal iF 1 . ] ankfu rier. bitterly criticized | WE camnot read an undiscriminat-: ‘, ; ; a ad Pranktuz ter, bitterly criticized | ine hostility to mere interrogation a 7 . ma the majorit:¥ opinion I M oo ™: ce Black ir, which Justices Stone, 2 wily fettering the States in pro- ag society from crime.” . d, Dougl'es, Murphy, and Rut-} Jedge concur’ ved. The “new and novel,” doctrine enunciated :jy the majority may fetter the @tstes in protecting society frona the criminal, the winority protested, and the was “moving far and fast” in th direction of ysrohibiting use of all confessions after urrest, The use of the “due process of ‘jlaw” clause ‘in the Fourteenth | Amendment “to disable the States ; in protection ‘of society from crime - * is quite as daingerous and delicate ® use of Feder-al judicial power as! J to use it to ‘disable them from social and ece momic experimenta- reed by Jur! iyto the Constitution without un} /\ \ a I - V NOP RRCORDSD ai’ 87 MAY 201944 5, - ee ‘ - - ; 1 an ~ a - oo eh Tah | WASHINGTON TIMSS-HERALD po RAY 21344 so . MORNING EDITION 8-2~-¢ 4