even so , Madara could tame the Kyuubi , but he really didn't unleash the wrath upon konoha that day. that alone gave suspicion but they just wanted to be very highly sure that it wasnt a false accusation.
it depends on how u look at it from either the konoha people or the Uchiha residents.
the ANBU were specifically designed to watch over them incase a misshave occurs , so i guess being partailly evil is again partially right. Hokage could've done something about it but the two elders are his closes friends and two against one beat the odds.