Evening star., 1934-02-15
M'CRACKEN FREED
IN BAIL AS BR|TT|N
STARTS SENTENCE
Former Assistant Secretary
Posts $1,000 Bond Pend
ing Appeal.
TODAY TERMS IMPOSED
FOR SENATE CONTEMPT
Other Defendant, Saying He Is
Broke" Goes to D.
trict Jail.

Held in contempt of the Senate and
sentenced to 10 days imprisonment,
William P. MacCraken, Jr, Cb.aired
his liberty under $1,000 bond TO-DAY
and prepared to carry his fight for
freedom to the United States Su-
preme Court. while l.. H. Brittln
began serving his sentence at once.
Both men were found guilty of
contempt by the Senate last night
for removing and destroying records
subpoenaed by the Senate in its in
vestigation of airmail contracts. The
To-day sentence was imposed in each
case after the Senate had delioerated
more than six hours.
Brittin Says He's Broke.
Col. Brittin. vice president of North
west Airways, was surrendered at tne
District Jail at noon by Chesley W.
Jurney. Senate sergeant at arms After
Bri1in had been put in a cell. Jurney
made this statement;
Col Brittin said he didn't have
enough money to perfect his appeal
that he was broke. had been fired by
his company and might as well go to
jail"
Both men spent the night at the
Willard Hotel as prisoners of Jurney.
Two OF their co-defendants before
the Senate-Harris NJ Hanshue, pres
ident of Western Air Express, and
Gilbert GIvvin, his Washington repre-
sentative-were acquitted of contempt
charges.
Frank j. Hogan and Edmund L
Jones, representing MacCracken, ap-
peared in the District Supreme Court
before Justice Daniel w. ODonoghue
and asked that bail bond be fixed fol
their client
Hogan pointed out the Senate, after
finding MacCracken guilty, had grant
ed him four days in which to apply to
the courts for bond and press his ap-
peal. United States Attorney Leslie
c. Garnett. representing the Senate
suggested the advisability CT applica-
& ton being made by MacCracken fol
new writ of -ha5eas corpus. because
of technical legal questions involved
in proceeding on the one issued and
later quashed Monday.
Drops Technical Point.
Justice ODonoghue, however, said
the court would consider the sub
stance rather than the form of the
matter. and fix bail at $4,000 pro-
vided counsel would enter into a
stipulation that. should MacCracken
lose in the last court Of appeal. he
would surrender at once to Sergeant
at Arms Jurney and begin service OF
his sentence
By this stipulation. MacCracken
agreed to serve the sentence without
raising legal questions in case this
session of the Senate shall have ex-
pired before his appeal can be heard.
This disposed of veXing legal ques-
tion which had troubled counsel on
both sides.
In fixing the bond, Justice
ODonoghue said:
If 1 don't grant bail, 1 am. in et-
feet. denying MacCracken his right
of appeal I don't think that is JUS
tice."
Hogan previously had pointed out
that. unless MacCraken we're released
under bail he would have completed
his sentence before the appeal could
possibly BE- heard.
As the official car carrying Brittln
.Jurney and two deputy sergeants al
arms drew up close to the District
Jail guard opened the door of the
building and Brittin made a dash fol
= to elude the dozen or more Pho
to ~ra pliers and news reel men who
awaited him.
Earlier Thomas NJ. Rives. jail su-
g Wilson
chairman of the Board of Public
Welfare. had refused permission tt
take Brittins picture inside the jail
holding there was no reason for ar
exception being made to the rules.
Neatly dressed. Brittin brought wltf
him a large suit case full OF clothes
A deputy sergeant at arms carried the
bag for him.
Jurney conducted his prisoner
Continued on Page 2, Column 81