New Britain herald., 1926-06-03
Judge Sends Theatrical Producer, Guilty of Perjury, to Federal Penitentiary At At- lanta.
Pending Appeal, Convicted Man Is Free in Bonds of 5000 and May Attend to His Usual Business.

New York, June 3 GPl-Earl Car 1 roll, 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 a bath tub in which she was sealed. was sentenced today to serve a year and day in Atlanta federal prison on each of two counts, the sentences 10 run coneurrently and to pay a fine of Sl,000 on each.
 Carroll was originally indicted m six counts. Two referred to his tes- tlmony 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 assertions that he had no list of guests at the party.
 The guest list indictments were dropped on recommendation of prosecution.
 The producer was found not guilty or the liquor indictment, but guilty ot two indictments concerning the nude woman in the bath tub.
 Must Serve One Year
 The sentence today ruled that the jail sentences on the two counts ara 10 run concurrently so that Carroll will have to serve year and a day and pay fine of S2,000. Sentence was imposed by Judge Goddard be- lore whom Carroll was tried and convicted.
 Joyce Hawley's Testimony
 During the trial Joyce Hawley. a ll year old chorus girl, testified that she had occupied @ bath tub on the stage of the Earl Carroll theater al CarrolPs invitation and that she had been drunk at the time from drink Ing liquor served her in the theater. The jury by it's verdict asserted it's belief in her first statement but not in her second.
 The party described variously as Washington birthday celebration. party Tn honor of a man who had backed Carroll in his theatrical en- terpTlses and welcoming ovation to Countess Cathcart who had just been released from Ellis Island. where she had been held on a charge of moral turpitude. was attended bv numerous widely known figures of the theatcr and other artistic fields. Among those called as witnesses. in. the perjury trial were Irving Cobb. writer, Augustus Thomas, playwright and Al Jolson, black faced comedian,
 said Truth Was ImmatcriaI
 Grand jury investigation of the bath tub party was begun as the re- suit of published reports that liquor had been served in the theater. Dur ing the perjury trial Carrolrs coun- sel contended that as the only inter- est of the grand jury was whether the prohibition laws had been yiolat- ed 1t was immaterial whether or not the producer had told the truth con- corning the bath tub incident. Judge Goddard ruled that the grand jury had right to ask any questions it saw fit and that if they were answered that constituted perjury.
 On Bail Pending Appeal
 United States Attorney Buckner after Carroll had been sentenced. consented to a motion by counsel for the producer to admit Carroll to bail pending argument on appeal on agreement to bring the case to a hearing as soon as the appellate court Convones in October.
 Carroll's bail of $5.U00 was con 'inucd and Judge Goddard granted him permission to leave the iurisdic- ton of the court This is not usual but was granted because of Carrolls theatrical work
 Carroll faced a maximum sentence of five years and a fine of S2,000 on each of the counts on which he was