Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-27
ON CONTEMPT CHARGE
PROCEEDINGS FOR RELEASE OF
BENJAMIN F. McCAULLY.
Was Under Bond for Trial, but Attor-
neys Procure Writ of Habeas
Corpus.

new turn occurred today in the case of
Benjamin +. McCaully. prominent in local
business circles. who, January Il last, was
adjudged by Justice Wright, in Criminal
Court No. I, to be guilty of contempt OF
court and was sentenced to be imprisoned
in the District Jail for six months. The
contempt" consisted of an alleged EFFORT
by Mr. McCaully to influence juror i'm
paneled in Criminal Court No. 1 in favor OF
Samuel Gassenheimer, indicted for receiving
tickets embezzled from the Baltimore and
Ohio Railroad Company, knowing them to
have been embezzied which case was set
for trial in the court in which the juror was
serving. From the action of Justice Wright
sentencing him to Imprisonment in Jail ME-.
McCaully noted an appeal to the Court of
Appeals. and he was released on bail pend
ing the determination of the same.
Attorneys Birney & Woodland, counsel
- for Mr.. McCauly. today appeared in Grim
inal Court No. l. with their client and his
bondsman and announced that the bonds
man desired to surrender Mr.. McCaully iTto
custody.
Does this mean that the appeal will be
abandoned?' Assistant United States Attor-
ney Easby-Smi inquired.
THAT will appear later" Attorney Wood
ard replied, in a non-committal way.
Writ Granted.
An order was signed committing Mr. Nc
Caully to the custody of the warden of the
United States Jail. Immediately thereafter
Attorneys Birney & Woodland proceeded
before Chief Justice Clabaugh of the SUI
preme Court of the District of Columbia and
presented a petition for a writ of habeas
corpus setting forth that Mr. McCaully was
Illegally held in custody by the warden of
the jail. The chief justice directed that the
writ issue returnable before him this after
noon.
Mr.. McCauTly was taken to the Jail, sur
rendered. technically, into the custody OF
the warden. and at once escorted by the lat
ter back to the city hall. Shortly after 8
o'clock this afternoon he was released on
bail until "a hearing of the petition for writ
of habeas corpus can be had and The same
passed upon by the court.
1t is understood to be the intention of Mr..
McCaully to carry the matter to the SUI
preme Court of the United States if neces-
sary.
Contempt Charge Reviewed.
In the petition for writ of habeas corpus
the contempt case is reviewed at length,
including the motion that the court dis
charge Mr. McCaully upon the grounds that
the evidence failed to establish the charge
against him. and that the evidence af-
frmatively established that the acts
charged against him were committed, If
they were committed at all, not in the
presence of the court, or SO near thereto
tice, wherefore the court was without jul
risdiction to try the petitioner in sum-
mary manner and upon affidavit and rule,
and to deprive him of his constitutional
right to trial by jury upon presentment
or indictment regularly found.
In his petition Mr.. McCaully charges that
the Judgment and sentence and the COM
mitment are void in law because the rule
which he was called upon to answer was
issued without evidence of any wrongful
act upon his part and upon hearsay only;
and that the acts charged against him were
not committed in the presence of the court.
or so near thereto to obstruct the adj
mnistration of justice therein, and JUS
tice Daniel Thew Wright was without au-
thority to hear and determine the charge
In a summary manner. and thus deprive
the petitioner of his right of trial by jury,
as provided by the Constitution and laws
of the United States.
The petition closed by asking that the
validity of the commitment be inquired into
and that Mr.. McCaully be discharged from
Imprisonment.