Evening star., 1929-12-06
SENATE MEMBERS
HELD IMMUNE TO
CONTEMPT CHARGE
Justice Gordon Rules HefIin
and BIeaSe Can Refuse
Jury Testimony.
COURT ASKED TO TAKE
ACTION DEEMED LAWFUL
Many Witnesses Heard in Probe
of Death of Detective Sergt.
Arthur B. Scrivener.

Efforts Of the grand jury investigating
the Scrivener case to force Senator Cole
Blease of South Carolina and Senator
Thomas J. Heflin of Alabama to ap-
pear as witnesses failed today when
Justice Peyton Gordon of the District
Supreme Court ruled that they were
immune from arrest.
Justice Gordon announced his de-
cision Immediately after the grand jury
had submitted an extraordinary report
concerning Senator Hef1in's failure to
! appear in answer to subpoena. A
similar report telling of Blease's action
in declining to answer the subpoena
was made to Justice Gordon yesterday.
This report" declared Justice Cor
don, lis similar to the one of yesterday
naming Senator Blease. AS 1 said at
that time, the Congress of the United
States is now in session, and until yes
terday never heard of a precedent to
this procedure in an instance of this
kind.
Section 6, Article /, of the Constitu-
ton Of the United States gives i'm
munity to arrest to the members of
Congress while that body is in session.
It does not say that they are privileged
from subpoena, but If they do not obey
the only step the court could take would
be to issue an attachment for their ar
rest. Since the Constitution provides
immunity from arrest, in my opinion
they are not subject to such action"
Court without Power.
Continuing to address the grand jury,
IINcf Inn
in Pennsylvania in 1900 in which it was
held that the court knew Of no eXcep-
ton from the service of subpoena to
members of Congress. In conclusion,
the justice said he regretted to advise
that unless the gentlemen see At to
obey the subpoenas, this court at the
present time has no power to compel
them to do So"
Senator Hef1in fatty refused to obey
a subpoena to appear before a grand
jury investigating the death of Arthur
e. Scrivener, Justice Gordon was in
formed. The grand jury, through its
foreman, James N. Fitzpatrick, jr., re-
queSted the court to take any action 1t
deemed lawful.
The entire grand jury filed into the
courtroom today to advise Justice Cor
don of Hef1in's refusal to testify.
The report follows:
ITO the chief justice and associate
justices of the Supreme Court of the
District of Columbia:
THE grand jury of the Supreme
Court of the District of Columbia for
october term, AID. 1929, begs to report
to the court as follows:
Upon information coming to the at
tention of the grand jury of the Dis
Thomas Heflin, United States Senator
from the State of Alabama, had GER
tain knowledge with regard to the facts
and circumstances relating to the death
OF Detective Sergt. Arthur B. Scrivener
on October 13, 1926, the grand Jury
directed the issuance of a subpoena on
December S. 1929, commanding the
said Hon. James Thomas Heflin to ap-
pear before the grand jury at 10 am
on December 6, 1929.
That said subpoena was issued In
due course and served personally upon
the said Hon. James Thomas Hefiin in
the City of Washington on December
5, 1929, by Deputy Marshal j. J. Clark
son.
That the said Hon. James Thomas
Heflin did not appear before the grand
jury of the District of Columbia on De-
cember 6, 1929, at 10 am. as COM
manded by such subpoena and has not
up TO the time of the filing of this re-
port so appeared.
Wherefore, the grand jury of the
District of Columbia for the October
term, AID. 1929, reports the facts afore-
said TO the honorable court for such
action as the court may deem lawful
and proper in the premises.
For the grand jury,
JAMES N. FITZPATRICK, Jr.,
Foreman of the Grand Jury"
Served Separately.
1t was explained that the Senators
would have been named in a joint re-
port mad the subpoenas been served on
tnem at The same time. However, Serv-
Ice was executed on Blease Wednesday
and on Heflin late yesterday.
be1ore BleaSe was formally served
with a subpoena he received a letter
from Rover merely requesting him to
appear. In reply to this communica-
tion, Blease wrote that he considered
the grand jury had been unfair in its
investigation of the death of Mrs. Vir-
glnla Mcpherson, and for that reason
ne would refuse to appear before the
body.
Meanwhile, the grand jury questioned
numerous other witnesses in an effort
to learn whether Scrivener had COM
mitted suicide or had been murdered.
Among witnesses heard today were DR..
Joseph Bateman, former physician of
Scrivener, who said he believed the
detective was in good health at the
time OF his death Lieut. Edward J.
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