New-York tribune., 1921-02-25
Gets 90.
Days in Jail.
For Contempt
City Comptroller in Gus.
tody of U. S. Marshal
for an Hour, Then OBJ
tains Writ and Parole

City Comptroller Charles L. Craig
was sentenced 80 SIXTY days in the Es-
sex County Jail in Newark, n. j., yes
terday by Judge Julius NJ. Mayer, in
the Federal District Court, for con-
tempt. The Comptroller was III the
custody of Thomas D. Mccarthy
United States marshal, for an hou1
until his counsel, Edmund L. Mooney,
obtained a writ Of habeas corpus from
Judge Martin T. Manton. OF the Cir
cult Court of Appeals. Mr.. Craig was
then paroled in the custody OF his
counsel until next Thursday, when
argument on the writ Will be made be-
fore Judge Manton.
The contempt proceedings grew out
OF letter written by the Comptroller
on October 6, 1919, in which it was
charged that he asserted that Judge
Mayer had denied the city authorities
access to original sources of informa-
tion in connection with the receiver
ship of the Brooklyn Rapid Transit
system. Judge Mayer found Comptrol-
ler Craig guilty or contempt on Feb
ruary 10.
Refuses to File Retraction
The court fixed yesterday for sen-
tence and directed that the defendant
as a member of the bar and q public
official should file with the clerk OF
The court retraction OF the charges
made in his letter. This the Comptrol-
ler and his counsel declined TO do,
When court convened, Francis G..
Caffev, Federal District Attorney.
moved that sentence be imposed. Mr.
Mooney. speaking for the defendant.
declared that they had nothing to say
further than already had been said at
previous hearings in the case, that "it
had not been and is not the intention
q the defendant to do anything in
contempt Of the court @9&
Judge Mayer promptly imposed sen
tence.
"The sentence is that che defendant
serve sixty days in the Essex County
Jail In Newark, n. j." said the court.
William Leary, clerk Of the court,
forthwith ordered the marshal TO take
the Comptroller into custody. Two dep
uty United States marshals walked over
to Mr.. Craig and told him to come with
them He was taken to the office Of
Marshal Mccarthy. MIR. Mooney hur-
ried into Judge Manton's court aud
after some delay succeeded in obtain
ing 4 writ OF habeas corpus. Mr..
grounds that the court had exceeded
its powers and that the punishment
was excessive and unusual
The Comptroller was taken before
Judge Manton. District Attorney CAT
fey said that he intended to raise the
question of the right of Circuit
Court Judge to issue writ OF habeas
corpus in the case and asked for All
adjournment. After "a consultation be-
tween counsel and the court, the hear
ing on the writ was fixed for next
Thursday and Judge Manton paroled
the Comptroller in the custody Of his
counsel. Mr.. Craig was back in hi.
office in about an hour.
Severity Shocks Craig
The severity of the sentence imposed
came as 4 shock to the Comptroller
and his counsel. 1t was within the
discretion of the court TO fine the de-
fendant. Mr.. Mooney declared that the
case was most extraordinary. He said
that in all his thirty-fve years expert
ence at the bar, he had never known
of so severe a sentence being imposed
for such an offense.
III is very unusual said n.
Mooney" for an official OF the n1unici-
pailty of New York to be contired'in d
New Jersey jail. 1t would have bee.
novel spectacle TO fight over the Gus
tody OF the Comptroller OF the City of
New York in another state. 1t would
be possible for the Comptroller 10 per-
form many of his duties IN the county
of New York, even while in the jail
iii that county, but it would have been
clearly impossible for him TO perform
any of those duties while in jail in
New Jersey"
sustained by Judge Manton next week
a similar writ would be made to the
United States Supreme Court, which
is the court OF original jurisdiction for
writs of habeas corpus. That would
mean, however, that Comptroller Craig
might have to lauguish in jail for 4
few days until the new writ was OBJ
tanned, In case the writ is sustained
by Judge Manton an appeal will be
taken to the United States Circuit
Court of Appeals from the Judgment
and sentence OF Judge Mayer
Comptroller Craig was the recinient
OF many expressions OF sympathy FROM.
friends who called at his Office or called
MIN by telephone yesterday after they
had heard of his predicainent. Even
Major F. H. La Guardia, President OF
the Board of Aldermen. who has not
been on amicahle terms with the Comp
troller for some time, expressed his
sympathy and surprise at the severity
OF the sentence.
u think it is most depiorable and
unfortunate that any such extreme and
severe sentence should be meted OUT"
said the Aldermanic President III
there is anything in the world posgfbIa
that the city authorities can do In
coming 10 the relief or rescue OF the
Comptroller / shall Lend every possible
aid
Mexico Faces Il. r. Strike
MEXICO CITY, Feb. Ga strike on