The New York herald., 1921-02-25
MAYER GIVES CRAIG
60 DAY JAIL TERM
IN CONTEMPT CASE
Writ of Habeas Corpus to
Test Sentence Issued by
Circuit Judge Manton.
PAROLED FOR A WEEK
Comptroller Refused to Re-
tract Attack on District
Judges BRIT. Policy.
CALLED TT INDUSTRIOUS
If March 3 Ruling Is Adverse
Craig's Only Hope Is Appeal
TO Z. s. Supreme Court.
CALLED TT 'MONSTROUS'

OEdlS Oniy HOpc Is Appear
to Z. s. Supreme Court.
Charles l.. Craig, Comptroller of the
city OF New York. was sentenced yes
terday to serve sixty days as a Fed
eral prisoner IN the Essex county Jail
Judge julius NJ. Mayer in the United
States District Court for contempt of
court.
After having passed an hour and a
Marshal Thomas d. Mccarthy the
Comptrollers counsel. Edmund L.
Mooney. obtained from Judge Martin
T. Manton Of the United States Circuit
Court Of Appeals writ of habeas
corpus based upon the allegation that
Judge Mayors court had acted in ex-
cess of its powers. The writ having
been made "returnable forthwith" the
prisoner and his counsel and Col.
Francis G.. Caffey, United States Dis
trict Attorney, went up stairs to Judge
Manton's chambers on the fourth floor
OF the Federal Building. the prisoner
still in the custody Of Marshal Nc
Carthy.
There Judge Manton directed that
the case be adjourned for a hearing
at o'clock next Thursday afternoon.
March 3. In the meantime Comp
troller Craig was paroled in the Gus
tody OF his counsel Instead of going
across the Jersey meadows as a prls-
oner. the Comptroller went back 20
his Office. where, he said. he had "a lot
Of municipal matters TO clean up"
~ Judge Manton next Thursday
should sustain the writ OF habeas cor
pus the Comptroller will 20 free. II the
writ be dismissed. the United States Sv-
preme Court is the one and only judicial
body that can stay execution Of the
sentence imposed by Judge Mayer.
Charge Dates Back i6 Months.
After an exhaustive hearing on the
charge. that dated back to October
1919. Judge Mayer on February rs
found Comptroller Craig guilty OF con-
tempt for certain matter contained in a
letter which he wrote under date of
October 6. 1919. to Lewis Nixon. who
then was Public Service Commissioner.
In that letter the Comptroller, il was
charged. asserted that Judge Mayer had
been responsible for denying to him and
10 other members Of the Board OF Esti-
mate and Apportionment access to orig
inal sources Of information in counec-
tion with the receivership ~ the Brook
lyn Rapid Transit lines
AZ the time Of the Comptroller's con-
viction Judge Mayer directed that Mr.
Craig appear before him on February
24--yesterday--and expressed the hope
that the defendant. as a member of the
Bar and as public Official OF the CITY.
would see III TO file with the clerk OF
the court a retraction Of the charges
made in the letter Had Comptroller
Craig and his counsel taken that course
1t was generally expected the punish
ment inflicted would have been fine
al most
When Judge Mayors court convened
al two O'Clock. however. the procedure
was short sharp and decisive. Apology
or retract!on was apparently the last
thing the defendant had I'm mind. The
Comptroller's florid face was wreathed
In smiles. He chatted easily with his
counsel. Mr.. Mooney. and with his sec.
retary. who had accompanied him 20
court. When the case OF "The United
States VS.. Charles L. Craig" was called
Col Caffey. United states Attorney for
this district. briefly moved FOR imposi-
tion OF sentence.
Contempt Intention IL Denied
Judge Mayer glanced At the defend
ants counsel Mr. Mooney rose and
addressing the court vas almost equally
brief. we have nothing to add, may
II please Your Honor he said. 10
what We already have stated and 10
what has appeared repeatedly In the
record. namely, that there never has
been ana is not now any intention on
the part OF the defendant TO do or say
anything In contempt OF this court"
As the lawyer resumed his seat Judge
Mayors face betrayed extreme disap-
pointmont and some feeling. In words
so inclsively formal as 20 suggest that
he was with difficulty restraining him
self from saying more the Judge said:
ut is the sentence OF tho cour, that
the defendant serve sixty days in the
Essex county Jail IN Newark. y. j."
" Alh hhiNi9 VNitffUbl' paurf JAuBe
Mayer then added crisply:
Cali tho next case
The Marshal will take the defendant
into custody" said William Lesry.
clerk OF tho court Two deputies
stslked over TO the Comptroller and told
him 10 accompany them. Mr. Crsig
from whose face every trace ot the
comfortable smile had vanished vas
engaged IN whispered converse ton
With his attorney Both he and his
counsel looked thoroughly surprised
The Comptroller gathered up the hand
some fur lined overcoat he had worn
into court.
Attondcd by MIR. Mooney and a large
escort OF reporters Mr. Craig vat led
by the deputies TO the office of Marshal
Mccarthy. Ne they entered the Mar
shais detention room Mr.. Mooney
turned resssurinEly 70 tho reporters and
said: Wen have him out Of this in
five minutes"
More than an hour had elapsed. now
ever. before counsel had succeeded IN oh
tanning from Judge Manton the writ he
sought The procedure in Judge Man
tons chambers was even more brief than
that IN Judge Navc~'g cosrt. Col. CaMey