Evening star., 1926-06-03
CARROLL GETS YEAR
0NPERJURy CHARGE
Convicted of Lying About
Tub lncident-Free on Bail
Pending Appeal.
BY the Associated Press.

BY the Associated Press.
NEW YORK, June 3.--Earl Carroll.
Broadway producer. convicted OF
perjury in connection with grand jury
investigation of a party in his theater.
at which an unclad chorus girl served
drinks from bath tub in which she
was seated, was sentenced today to
serve year and a day in Atlanta
Federal Prison on each Of two counts
and to pay a fine of 81 900 on each.
Carroll was originally indicted on
six counts. Two referred to his
testimony that there had been no
liquor served at the party. two to
his statement that no one occupied
the bath tub, and two to his assertion
that he had no list Of guests at the
party.
The guest list indictments were
dropped on recommendation of prose-
cution. The producer was found not
guilty Of the liquor indictment, but
guilty of the two indictments con-
cerning the nude woman in the bath
tub
Has Year to Serve.
The court ordered the Jail sentences
on the two counts to run concurrently
so that Carroll will have to serve a
year and a day and pay a fine Of
81, 900. Sentence was imposed by
Judge Goddard. before whom Carroll
was tried and convicted.
During the trial Joyce Hawley. Ii
year-old chorus girl, testified that she
had occupied a bathtub on the stage
of the Earl Carroll Theater at Car
rolls invitation and that she had
been drunk at the time from drinking
liquor served her in the theater The
jury. by its verdict. asserted its be-
lief in her first statement, but not in
her second.
The party. described variously rs
Washington birthday celebration.
party in honor Of a man who had
backed Carroll in his theatrical enter
prises and a welcoming ovation to
Countess Cathcart, who had just been
released frsfa Ellis Island, where she
had been held on a charge of moral
turpitude. was attended by numerous
widely known figures of the theater
and other artistic fields.
Witness Well Known.
Among those called as witnesses in
the perjury trial were Irwin Cobb.
writer: Augustus Thomas. playwright,
and AL Jolson, blackface comedian.
Grand jury investigation of the
bathtub party was begun as the re-
suit of published reports that liquor
had been served in the theater. Dur
ing the perjury trial Carroll's counsel
contended that as the only interest of
the grand jury was whether the pro-
hibition laws had been violated it was
immaterial whether or not the pro-
d,Icer had told the truth concerning
the bathtub incident. / He asked to
have the two indictments referring to
this point dismissed on this ground,
hit Judge Goddard ruled that the
grand Jury had a right to ask any
n,Iestions 1t saw At and that II they
were answered untruthfully this con-
stituted perjury.
United States Attorney Buckner,
after Carroll had been sentenced, con-
sented to a motion by counsel for the
producer to admit Carroll to bail pend
inr argument on appeal before the
United States Circuit Court of Ap-
peals. .oo
and Judge Goddard granted permis-
sion to the producer to leave the
jurisdiction of the southern district
NJ New York pending the outcome of
the proceedings before the higher
court. This Is not usual. but was
rranted because of Carroll's theatri-
cal work. which counsel said neces.
STATED his leaving the district.
carroll faced a maximum sentence
If Ave wears and a fine of $4,000 on
each Of the counts on which he was
convicted.