The Washington herald., 1922-11-20
j. s. OFFICIALS
MAY Be CITED
FOR CONTEMPT I
Frank P. Hall Charges Haynes,
Gordon and Kelly Hold
Liquor in Defiance Of Order
U. S. APPEAL IS BLOCKED
$50, 900 Worth Of Champagne,
Real Beer and Rare Whistles
Included in Seizure, Is Claim

Contempt proceedings may be in.
stituted against Prohibition Com.
missioner Roy A. Haynes. District
Attorney Peyton Gordon and As
sistant District Attorney Frank ].
Kelly for their alleged arbitrary
refusal to comply with an order,
signed by Judge Mattingiy in Police
Court calling for the return of
$4,000 worth of champagne, real
beer and rare whislxies to Frank p.
Hall, proprietor Of a near-beer sa-
loon at 1000-1002 Seventh street
southwest.
The order for the return Of this
stock of liquor was signed about
q week ago, but as yet Hall has
been unable to get his hands on
his property. The order for the
return was granted because Judge
Daniel Thew Wright, counsel for
Hall, who was charged with the
Illegal sale and possession, con-
vinced Judge Mattingly that the
search warrant used was defective.
KELLY SHOWS FIGHT.
No sooner had the order been
signed than Kelry announced the
government would throw every pos
sible obstacle in the way of the
return Of this property. The order
to return this liquor was a distinct
blow to the government, which had
put up a stiff fight to maintain
It's grip on what is considered one
Of the biggest and best stocks Of
"hootch" in town. Halls liquor is
not the common bootleg stuff. He
was a saloonkeeper for forty years
and before Washington went dry"
he stored the liquor away against
dry" day.
For one week Judge Wright has
been in possession of an order stat
ing in very plain words that the
government must give back this
liquor. He has been unable to find
anyone who will unlock the place
of storage and permit Hall to take
his property back to where it was
taken from.
SITUATION COMES TO HEAD.
The situation came to a head Sat
urday when Kelly presented a bill
of exceptions to Judge Mattingly to
sign. This bill of exceptions con-
tains notes relative to all the mo-
tions and objections made by the
government which were overruled
by the court during the arguments
on the motion to return the liquor.
The signing of this bill would be
equivalent to having Judge Mat
ungly's direct permission to apply
to the Court of Appeals and have
that tribunal review the proceed
ings.
But Judge Mattingly has refused
to sign the bill of exceptions. Thus
the government must step over the
head of Judge Mattingly now and
apply to the Appellate Court for a
writ of error.
Kelly has taken the position that
even though the order for the re-
turn of the liquor has been signed
II cannot actually be turned over
to Hall until the higher court says
%. Judge Wright argues the liquor
should be returned Immediately no
matter what the higher court does
and he will insist on it even IL he
has to ask Judge Mattingly to order
Commissioner Haynes, District At
torney Peyton Gordon and Assistant
District Attorney Kelly into court
for contempt.
MATTINGLY BACKS WRIGHT.
Judge Mattingly is squarely be-
hind Judge Wright. as the former
stated yesterday that his order
signed a week ago was final and
that there was to be no more dilly-
dallying about it.
Kelly has hauled out the judicial
code in defense Of his position. He
called Judge Mattingly's attention
to that section of the code which
directs. that in case of an appeal,
the status quo must be maintained
the status quo in this case being
the continuation of the govern
ment's grip on the liquor.
Another phase of the situation Is
this-Judge Wright is a persistent
fighter. He is determined to have
action and has said so. He has
the order for the return Of the
liquor and is going to Keep after
the Government until he gets it
no matter what steps are taken
TO appeal the case. On the other
hand, Kelly also is a determined
individual. He is convinced that
Judge Mattingly was in error in
signing the order for the return of
the liquor. He is not going to let
this liquor slip out of his hands
until, legally speaking. some one
hOg-tieS him and takes il,