text: A-4 mO Ik" "ils I / ' slal ’jr Tjufc ■ - v JP*' W V I *--'?-’''®/'* BT •■ <■ •'v ' W®**" ~~ TXMti W<n * a * > -n^.__, tBfeSLS< * v WATCHING THE RACES Princess Margaret and her husband, Lord Snowden, sit in a small craft on the River Thames at Putney, England watching the annual boat race yesterday between Oxford and Cambridge. Cambridge won by five lengths.—AP VVirephoto via radio from London. Cairo Suddenly Frees Four French Diplomats CAIRO, April 7 <AP).—Four Frenchmen being tried for spying were unexpectedly released today, and a high government source said the action was in appreciation of the French case fire with the Algerian nationalists. The announcement came as a surprise in the court where four members of a special French diplomatic mission have been on trial for nearly three months. All four had denied spying on the United Arab Republic. At official word that the trial was being halted and that the four would be permitted to leave for France on the first plane, the entire courtroom— defendants, their attorneys, prosecutors and spectators— burst into applause. Legacy of Invasion The trial was a legacy of the short-lived British-French invasion of the Suez Canal zone in 1956 after President Nasser had seized control of the great international. Waterway. Cairo broke relations with Paris at the time of the attack and seized French property. Mffl GOING OF N MH SWINGS 4%% earned by all amounts in your account at Liberty Sams. This new higher rate at Liberty means more earning power for your savings, of course. And in addition to top earnings, you get the other advantages of FLEXIBILITY and insured SAFETY when you save at Liberty. Dividends are credited quarterly. As dividends are added at the end of each 3-month period, your account grows more rapidly. This rate is computed monthly on the balance in your account whether it has been there for 12 months or 1 month. Withdrawals can be made at the end of any month without loss of earnings. So when you save, look for ALL the advantages: Top earnings with flexibility and the safety of an account insured by the Federal Savings and Loan Insurance Corp... You’ll find them ALL at... LIBERT YSAVINGS AND LOAN ASSOCIATION by mail envelopes. Established 1891 1407 G St N.W. Phone ST. 3-2200 THE SUNDAY STAR Washington, D.C., April 1, 1962 The four are Andrei Mattei, commission president, Jean Paul Bellivier, Henri Mouton and Andre Miquel. They were members of a diplomatic mission allowed to go to Cairo to try to settle claims of French property owners. They were arrested in Cairo last November 26, and indicted on charges of espionage and plotting to assassinate Mr. Nasser. The latter charge never was pressed. A fifth mission member, Christian D'Aumale, had returned to France and was tried in absentia. At their trial opening January 15, the four Frenchmen repudiated purported confessions bearing their signatures, saying they were obtained under duress. They said their reports sent back to Paris—labeled espionage by U. A. R. authorities— followed usual diplomatic practice and were covered by diplomatic immunity. Cease Fire Praised A government source said that in dismissing the case, U. A. R. authorities were showing appreciation of the spirit in the United States Court of Appeals. The Star Staff Writer United States Attorney David C. Acheson predicted yesterday that the latest criminal insanity decision of the United States Court of Appeals will greatly increase the number of acquittals here. He said he was so concerned about both the legal implications and the practical consequences of the decision that he is now considering what remedial action to take. The three alternatives are a formal request for a rehearing by the full court, a petition for review by the Supreme Court, and a determined push for legislation now pending in the Senate. The case involved the robbery conviction of Eugene Campbell. The appellate court, by a two-to-one decision, reversed the conviction on the ground that the explanation of the District’s Insanity rule given to the jury by District Court Judge George L. Hart, jr., was "patently erroneous." Charge to Jury In his charge to the jury, Judge Hart said the jury should determine whether Campbell understood that the criminal act was a violation of the law and whether he possessed the capacity to exercise his will so that he could choose whether or not to do the act. The majority opinion, written by Judge George T. Washington, with Judge David L. Bazelon concurring, said the jury should have been told explicitly that capacity to choose is only one of several considerations in determining whether the act in question was the product of a mental disease and is not a test of criminal responsibility. The majority did not say what the other considerations are. Mr. Acheson said that in the past, the testimony of psychiatrists and instructions to juries have sought to bring out whether the act charged was a free and deliberate act — a result of free will and criminal intent. Under the Campbell opinion, which President de Gaulle of France is carrying out the cease-fire accord with the Belgian nationalists. The U. A. R. strongly supported the nationalists, provided a base of operations here for many of their leaders and praised France when the cease-fire was reached last month. The government informant said all Arabs back the Algerian cease fire and are ready to do what they can to make it a success. He added that this also was a factor in the decision to free the Frenchmen. U. A. R. sources said the French had made contacts some time ago to obtain release of the diplomats. Whether this was before or after the cease fire was not clear. These sources said France offered to halt anti-U. A. R. broadcasts beamed at the Middle East by a radio station in Marseille if the four Frenchmen were freed, he said, the act can be the product of a mental disease or mental defect even though the defendant could have controlled himself and not committed the crime. He said the decision makes it a lot easier, for a defendant to prove a connection between a mental disease however slight—and the crime. "Emotionally Unstable" In this case, for the first time, the defendant claimed he was suffering from a mental disease because of “an emotionally unstable personality.” It was brought out that St. Elizabeth's Hospital decided in November, 1957, that “an emotionally unstable personality” was a form of mental disease. Previously, it was not a mental disease. In this case, two psychiatrists testified that Campbell was emotional, tense, anxious, perspired profusely and showed poor judgment. The Campbell case was decided at a time when insanity acquittals in the District had pointed since a new criminal insistence in a new criminal insanity rule for the District—the Durham rule—was pronounced by the Court of Appeals here in 1954. Under the Durham rule, a defendant was to be found not guilty if his act was The product of a mental disease or defect. No other jurisdiction accepted the rule. In fact, the Third Circuit specifically adopted the very rule rejected by the District’s Court of Appeals in its latest case. Urged to Explain in fiscal 1957, as the Court of Appeals was piling up a formidable collection of opinions in trying to explain as well as justify its insanity rule, the court issued an opinion saying District Court judges should explain rather than state by vote the Durham rule. That year, of the 473 defendants who went to trial in District Court, seven were found not guilty by reason of insanity—either because of a jury decision, a direct verdict of the judge or a reversal of a conviction by the Court of Appeals. In fiscal 1958, of the 549 defendants tried, 18 were found not guilty by reason of insanity. In fiscal 1959, a total of 33 out of 490 were acquitted on insanity. In fiscal 1960, it was 34 out of 402. In fiscal 1961, however, the fewest number of defendants went to trial and the most were found not guilty by reason of insanity. Of the 374 tried, 56 were acquitted because of insanity—or close to 15 percent. It is because of the spiraling number of insanity acquittals, combined with the uncertainty cast by the latest decision, that Mr. Acheson is now seriously concerned. Immediate Concern of immediate concern is how the prosecution is to present its proof of criminal intent and how the judge will charge the jury when Willie Lee Stewart is tried for the fifth time on a charge of the first-degree robbery-murder of Harry Honikman. The last time around, Stewart’s attorneys based their entire defense on the argument that Stewart was suffering from a mental disease or defect at the time of his crime. The "1953 crime." The new decision, in a very real sense, is the outgrowth of a split in the Court of Appeals more than a year ago when three judges rebelled against the Durham rule. Through their spokesman, Judge Warren E. Burger, they issued a frank invitation to District Court judges to join the rebellion. Judge Burger argued at the time that the 1957 decision which told District Court judges to explain the Durham rule also stated clearly that it adhered to this basic premise of the criminal law: If a man of his own free will chooses to do wrong, he should be held responsible for his acts. Basic to Determination The jurist urged District Court judges to explain to juries that a man's capacity to control his conduct is basic to determining his criminal responsibility. In Philadelphia, Chief Judge John J. Biggs of the Third Circuit, followed the Burger view. Under Judge Biggs’ formula, a jury must be told of the “free will” or "capacity to control” concept. Meanwhile, in District Court here, Judge Hart had accepted Judge Burger’s invitation to explain free will to juries. It was that explanation that the Court of Appeals has now rejected by a two-to-one vote. The one vote was cast by Judge Burger. The majority holding, he said, makes it plain that the District’s Court of Appeals has laid aside “the age-old conception of individual responsibility.” 20% TO 50% OFF! Our Nationally Advertised Furniture Bedding & Accessories Bi I'fffl j*JI e'a SH/IHeVH/SHMMV// — M # .Aia \illj FJWFwFaawH’ § roRN/ruKSca. Open Monday through Friday 9-9 Saturday 9-6 PLENTY OF FREE PARKING BAILEYS CROSSROADS, VIRGINIA credit terms HI H 5826 Seminary Road ONE BLOCK OFF BAILEYS CROSSROADS HU. 1-2566 CENTER SHOWS WILL FEATURE NATURE SOUNDS Ever listen to the walk of knighthood-footed spider or the shriek of a longhorn beetle? You can, now, at the Rock Creek Nature Center’s spring show. “The Sounds of Nature” will be featured at 10:30 am., 1:30 and 3:30 pm. every Saturday this month at the center, on Glover road just south of Military road and Oregon avenue N.W. Other springtime nature center activity includes a planetarium show, “Stories from the Stars,” narrated by a Department of the Interior park naturalist. Planetarium shows are at 10 am. and 2:30 pm. Saturday; 2 and 4 pm. Wed nesday and Friday. by RESISTOL Wear one in black—pack one in brown... these amazing, soft to the touchy, Resistol hats pack away like a shirt and return easily to their original shape. You’ll find the Krush able indispensable for travel... and good appearance, anywhere. Resistol Krushables from $15.95 In our Washington store Only. Cleveland Company 14th & G STS. N.W. NA. 8-7120 Layoffs Halted At Middle River Martin Plant BALTIMORE, April 7 (AP). —An official of the Martin Co. said yesterday there would be no more layoffs at the Space Systems Division plant at nearby Middle River. “We are through with our cutback," said Dr. Albert C. Hall, vice president and general manager of the division. The firm's president, William B. Bergen, announced last December that 2,500 employees would be laid off. At the time, he said another cutback in personnel might be necessary in the future. “We are actually seeking employees in key skill areas,” Dr. Hall said yesterday. He said those being hired are not production workers, but engineers and highly skilled technicians. The Martin Co. merged with the Marietta Corp. last year. The plant here was changed then to the Baltimore division of Martin-Marietta Corp., but the name reverted back to Martin Co. earlier this year. Tobacco Revenue Rises in Virginia RICHMOND, April 7 (AP).— A report from the State Tax Department indicates Virginians are smoking more cigars and cigartes but drinking less beer. For the July, 1961-March, 1962, period, the report said, tobacco tax collected totaled $10,976,754—about half a million dollars more, than in the corresponding period in 1960-1961. Beer tax collections for the same period, however, slipped to $354,600 to $6,951,224. The situation was reversed in the portion of the report dealing with March alone, however. While beer taxes rose by $158,000, levies collected on the sale of cigars and cigarettes dipped about $8,000. 